OVERVIEW
Welcome to The Space Cowboy Gallery. The terms “we”, “us” and “our” refer to The Space Cowboy Gallery. We operate this website and online store with technology provided by Shopify.
These Terms of Service, together with the policies available through our website footer, explain the conditions that apply when you visit the website, contact us about an artwork or purchase a product. By using the website or placing an order, you agree to these Terms. Nothing in these Terms excludes, restricts or modifies any consumer right or guarantee that cannot lawfully be excluded, including rights under the Australian Consumer Law.
SECTION 1 — ACCESS AND ACCOUNTS
You must be at least the age of majority in your place of residence, or use the website with the permission and supervision of a parent or guardian.
Information you provide when creating an account, making an enquiry or placing an order must be accurate and current. You are responsible for protecting your account credentials and for activity conducted through your account.
SECTION 2 — ARTWORKS AND PRODUCTS
We take care to present artwork images, descriptions, dimensions, materials, edition details and availability accurately. Colours and appearance can vary slightly between screens and the physical artwork. These normal display differences do not affect your rights if a product is faulty, materially different from its description or otherwise fails to meet an applicable consumer guarantee.
Original artworks are one-of-one pieces. Availability can change when a work enters a private collection. An original artwork is not reserved until we confirm the reservation or sale in writing.
Limited-edition paper prints and framed canvas prints are generally produced after an order is placed. Edition numbers may be allocated according to production and order records unless a particular number has been agreed in writing.
Some artworks include an augmented-reality experience accessed using an NFC tag, artwork-specific QR code or a third-party application. Device compatibility and third-party services can change over time. We will provide the access method described with the artwork and will offer reasonable assistance if an activation method does not work. This does not limit any rights that cannot be excluded by law.
SECTION 3 — ORDERS AND ACCEPTANCE
Submitting an order is an offer to purchase. An order is accepted when we send confirmation that it has been accepted and payment has been successfully processed. We may decline or cancel an order before acceptance, including because of an inventory, pricing, payment, shipping or availability issue. If we cancel an order after taking payment, we will provide a full refund.
Please check the selected artwork, format, size, delivery address and other order information before submitting an order. Print-to-order products may enter production soon after acceptance and might not be cancellable once production has begun.
Original artworks, commissions and other purchases arranged by enquiry may also be subject to a written quotation, invoice or commission agreement. If those specific written terms conflict with these Terms, the specific written terms apply to that purchase, subject to any rights that cannot lawfully be excluded.
SECTION 4 — PRICES AND PAYMENT
Website prices are shown in the currency displayed at checkout. Prices shown to Australian customers include GST where applicable. Shipping charges are displayed before checkout once they can be calculated. International customers are responsible for customs duties, import taxes or fees charged by their destination country unless we expressly agree otherwise.
Prices, availability and promotions may change without notice, but changes will not affect an order we have already accepted unless required to correct an obvious error and permitted by law. Payment and billing information must be complete and accurate, and you must be authorised to use the selected payment method.
SECTION 5 — PRODUCTION, SHIPPING AND DELIVERY
Production and delivery times are estimates rather than guarantees. We will use reasonable care and make reasonable efforts to produce and deliver orders within the stated timeframe. Delays can occur because of production, carriers, customs or events outside our reasonable control. We will communicate material delays when reasonably possible.
Risk of loss or damage remains with us until the order is delivered to you or to a person you have authorised to receive it, except to the extent applicable law provides otherwise. Please contact us promptly if an order is delayed, lost or arrives damaged.
Shipping destinations, methods and charges are described in our Shipping Policy and at checkout.
SECTION 6 — CANCELLATIONS, RETURNS AND REFUNDS
Our Return and Refund Policy, available through the website footer, explains the rules for print-to-order products, originals, commissions, damaged or faulty goods, cancellations and approved refunds. That policy forms part of these Terms.
Nothing in these Terms or our Return and Refund Policy removes or limits remedies available under the Australian Consumer Law or another law that applies to the purchase.
SECTION 7 — OWNERSHIP AND INTELLECTUAL PROPERTY
Unless expressly agreed in writing, purchasing an original artwork or print transfers ownership only of the physical item. Copyright, reproduction rights, image rights, trademarks and other intellectual-property rights remain with The Space Cowboy Gallery, the artist or the relevant rights holder.
You may display and resell a lawfully purchased physical artwork, subject to applicable law, but you must not reproduce, commercially exploit, mint, tokenise, animate, distribute or create derivative products from the artwork or its images without prior written permission.
The website’s text, artwork images, videos, animations, graphics, logos and design are protected by Australian and international intellectual-property laws. Personal, non-commercial viewing of the website is permitted. No other licence is granted except as expressly stated.
SECTION 8 — SEARCH ENGINES, AI DISCOVERY AND PROHIBITED USE
Legitimate search engines, shopping services and AI discovery services may index publicly available pages and descriptive information when they comply with our technical instructions, including robots.txt, and do not bypass access controls. Permission to index content for discovery does not transfer copyright or authorise commercial reproduction, creation of derivative products, or use of artwork images to train a model where our permission is legally required.
You must not misuse the website, introduce malicious code, interfere with security, collect other users’ personal information, impersonate another person, use the website unlawfully, or reproduce or commercially exploit website content without permission. Automated systems must not bypass technical restrictions, authentication, CAPTCHAs or instructions intended to control access.
SECTION 9 — THIRD-PARTY SERVICES AND LINKS
The website may use or link to third-party services, including payment providers, shipping providers, augmented-reality platforms and social-media services. Their own terms and privacy practices may apply. We are not responsible for independent third-party websites or services, except to the extent liability cannot lawfully be excluded.
SECTION 10 — RELATIONSHIP WITH SHOPIFY
The Space Cowboy Gallery is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with The Space Cowboy Gallery. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Space Cowboy Gallery, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Space Cowboy Gallery.
SECTION 11 — PRIVACY
Our Privacy Policy, available through the website footer, explains how personal information is collected, used and disclosed. Because the store is hosted by Shopify, information may also be processed by Shopify and service providers in other countries in order to operate the store, process payments, fulfil orders and provide related services.
SECTION 12 — REVIEWS AND FEEDBACK
If you voluntarily submit a review, testimonial, photograph or other feedback, you confirm that you have the right to provide it. You grant us a non-exclusive, worldwide and royalty-free permission to display, reproduce and adapt it for operating and promoting the gallery and its products. You retain ownership of your original content and may contact us if you want us to stop using it in future materials where reasonably practicable.
You must not submit unlawful, misleading, defamatory, infringing or malicious content. We may moderate or remove submitted content where reasonably necessary.
SECTION 13 — ERRORS AND AVAILABILITY
Occasionally the website may contain an error concerning a description, price, promotion, shipping charge, transit time or availability. We may correct errors and update information. If an error affects an order already placed, we will contact you and, where permitted by law, offer the corrected order or cancel it and provide a refund.
SECTION 14 — WARRANTIES AND LIABILITY
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.
To the maximum extent permitted by law, we do not guarantee that the website will always be uninterrupted, secure or error-free. To the maximum extent permitted by law, we are not liable for indirect or consequential loss that was not reasonably foreseeable and was not caused by our breach, negligence or unlawful conduct.
Where liability can lawfully be limited, our liability will be limited to the remedies available under applicable law. These limitations do not apply where liability cannot lawfully be excluded or limited.
SECTION 15 — SUSPENSION AND TERMINATION
We may suspend or terminate access to the website if a user materially breaches these Terms, misuses the Services or creates a security or legal risk. Provisions concerning intellectual property, liability, governing law and any accrued payment obligations continue after termination where their nature requires it.
SECTION 16 — SEVERABILITY AND ENTIRE AGREEMENT
If part of these Terms is found unlawful or unenforceable, that part will be limited or removed to the minimum extent necessary and the remaining Terms will continue in effect.
These Terms and the policies referenced in them form the agreement governing use of the website and online purchases, together with any specific written quotation, invoice or commission agreement that applies to a particular purchase.
SECTION 17 — GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia. The parties submit to the courts of New South Wales, subject to any mandatory consumer protections or jurisdictional rights that apply where the customer lives.
SECTION 18 — CHANGES TO THESE TERMS
We may update these Terms by posting a revised version on the website. Material changes apply from the stated effective date and do not remove rights relating to an order accepted before that date unless the law permits.
SECTION 19 — CONTACT INFORMATION
Questions about these Terms can be sent to:
The Space Cowboy Gallery
Byron Bay, New South Wales, Australia
Email: supernaturalfeats@gmail.com
Website: https://thespacecowboygallery.com
