These Terms and Conditions govern your use of https://saigonartgallery.com.au/ and any purchase of original artwork from trading as Saigon Art Gallery.
By accessing the Site or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use the Site or purchase from us.
1.1 Saigon Art Gallery sells original, one-of-a-kind artwork. Each piece is unique and, once sold, cannot be reproduced or replaced.
1.2 Due to the handmade nature of original artwork, minor variations in colour, texture, and finish may exist. We take reasonable care to photograph and describe each piece accurately; however, colours may appear slightly different on your screen due to monitor settings, lighting, and photography conditions.
1.3 Dimensions listed for each Artwork are approximate and may include or exclude framing — please check the individual product listing for details.
2.1 Placing an order through our Site constitutes an offer to purchase, which we may accept or decline at our discretion.
2.2 Because each Artwork is one-of-a-kind, we reserve the right to cancel or refuse an order (with a full refund) if:
2.3 You will receive an order confirmation email once your order is placed. This confirms we have received your order but does not guarantee availability until dispatch confirmation is sent.
3.1 All prices are listed in Australian Dollars (AUD) and include GST where applicable, unless stated otherwise.
3.2 We take reasonable care to ensure pricing accuracy; however, if a pricing error occurs, we reserve the right to cancel the order and issue a full refund, or contact you to confirm whether you wish to proceed at the correct price.
3.3 Payment is required in full at the time of purchase via the payment methods offered at checkout. Payments are processed securely through our third-party payment gateway; we do not store your full payment card details.
4.1 We currently ship within Australia only.
4.2 Shipping costs are calculated at checkout based on the size, weight, and destination of your order.
4.3 Given the value and fragility of original artwork, pieces are carefully packed and, where applicable, insured during transit.
4.4 Estimated dispatch and delivery times will be provided at checkout or via order confirmation; these are estimates only and not guaranteed, as delivery timeframes depend on our shipping carriers.
4.5 Risk in the Artwork (including risk of loss or damage) passes to you upon delivery to the address provided at checkout. Title to the Artwork passes to you once payment has been received in full.
4.6 It is your responsibility to ensure someone is available to receive the delivery, or that appropriate delivery instructions are provided. We are not responsible for delays or loss caused by an incorrect or incomplete delivery address supplied by you.
5.1 Change of mind: Because each Artwork is an original, one-of-a-kind piece, we do not offer returns, exchanges, or refunds for change of mind.
5.2 Your rights under Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law (ACL) that cannot lawfully be excluded. If the Artwork is faulty, not as described, or does not match the images/description provided at the time of purchase in a way that constitutes a failure of a consumer guarantee, you may be entitled to a repair, replacement (where possible, noting Artwork is one-of-a-kind), or refund in accordance with the ACL.
5.3 Damaged in transit: If your Artwork arrives damaged, please contact us within 48 hours of delivery at [contact@saigonartgallery.com.au] with:
We will assess each claim and, where the damage occurred in transit, offer a repair (where feasible), refund, or other remedy as appropriate.
5.4 Claims made outside this timeframe, or without sufficient evidence, may not be eligible for a remedy, except where required by the ACL.
6.1 All content on the Site — including images, artwork photography, descriptions, logos, and text — is owned by or licensed to Saigon Art Gallery and/or the respective artist, and is protected by copyright and other intellectual property laws.
6.2 Unless otherwise agreed in writing, the artist retains copyright in the Artwork itself. Purchasing a physical Artwork does not transfer copyright or reproduction rights — you may not reproduce, publish, or commercially exploit images of the Artwork without prior written consent from Saigon Art Gallery and/or the artist.
6.3 You may not copy, reproduce, or use content from the Site for commercial purposes without our prior written permission.
You agree not to:
8.1 To the maximum extent permitted by law, Saigon Art Gallery's total liability arising out of or in connection with your purchase or use of the Site is limited to the amount you paid for the relevant Artwork.
8.2 We are not liable for any indirect, incidental, or consequential loss arising from your use of the Site or purchase of Artwork, except where such liability cannot be excluded under the Australian Consumer Law.
8.3 Nothing in these Terms limits any liability that cannot lawfully be limited or excluded, including certain consumer guarantees under the ACL.
You agree to indemnify and hold Saigon Art Gallery harmless from any claims, losses, or damages arising from your breach of these Terms or misuse of the Site.
Your use of the Site is also governed by our [Privacy Policy], which explains how we collect, use, and protect your personal information.
These Terms are governed by the laws of Tasmania, Australia. You submit to the non-exclusive jurisdiction of the courts of Tasmania for any dispute arising from these Terms or your use of the Site.
We may update these Terms from time to time. Changes will take effect once posted on this page. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
For any questions about these Terms, please contact:
Saigon Art Gallery Email: [contact@saigonartgallery.com.au] Phone: [PHONE NUMBER] Address: [BUSINESS ADDRESS], Tasmania, Australia
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