TERMS & CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of www.cjbgraphicdesigns.com (the "Site"). This site is owned and operated by CJ Boyer. This Site is an e-commerce website.
​
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
​
Intellectual Property
All content published and made available on our Site is the property of CJ Boyer (the "Site's Creator"). This includes but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site. Your use of our Site and your use of and access to any Content does not grant or transfer you any rights, title or interest in relation to our Site or the Content unless explicitly stated in writing by the Site's Creator. You must not:
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, any Content to a third party;
(c) publish, broadcast or circulate any Content to any third party without Site Creator's permission and proper accreditation to the artist.
(d) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.;
​
Accounts
When you create an account on our Site, you agree to the following:
1. you are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
​
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
​
Sales of Goods.
These Terms and Conditions govern the sale of goods available on our Site.
​
The following goods are available on our Site;
- Art Prints of various sizes; and
- Original art canvases.
​
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible.
However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
​
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
​
Payments
We accept the following payment methods on our Site:
- Credit Card
- PayPal; and
- Debit
​
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
​
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
​
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through the following method:
- Standard delivery by Post. Delivery may take 9-10 business days.
​
Delivery will take place as soon as reasonably possible. Covid-19 and unforeseen circumstances may cause delivery times to vary. Please note that delivery times do not include weekends and public holidays.
​
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are note liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
​
Refunds
Refund requests must be made within 30 days after the receipt of your goods.
We accept refund requests for goods sold on our Site for any of the following reasons:
- Good is broke/damaged; or
- Good does not match the description of the order
​
Refunds do not apply to the following goods:
- All original canvas artworks; and
- Final Sale or Limited Edition items
​
Returns
Returns can be made by mail. To return a good by mail, follow the following procedure:
- Please contact CJB through the Contact Tab with the order number and reason for the return and you will be given a return address
- Goods will need to be packaged in the same condition as they were received.
- Go to the nearest post office and pay for the necessary postage.
​
Refunds or exchanges for returns will be organised after returns have been received by CJB Graphic Designs.
​
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or by any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
​
Limitation of Liability
CJ Boyer, agents, employees, subsidiaries, and affiliates will not be liable for any action, claims, losses, damages, liabilities, and expenses including legal fees from your use of our Site.
​
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless CJ Boyer, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
​
Applicable Law and Jurisdiction
Your use of our Site and these Terms are governed by the laws of NSW, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in NSW, Australia, and any courts entitled to hear appeals from those courts and waive any right to objects to proceeding being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
​
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
​
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
PRIVACY POLICY
CJB Graphic Designs is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
​
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including correspondence with the website and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure.
In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.
When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
• For the primary purpose for which it was obtained
• For a secondary purpose that is directly related to the primary purpose
• With your consent; or where required or authorised by law.
Third Parties
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
• Third parties where you consent to the use or disclosure; and
• Where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
CJB Graphic Designs is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email.
If you don’t want us to process your data anymore, please contact us through the Contact tab.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in the Contact tab.
CJB Graphic Designs will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
​
​
TLDR; The only use I have for your personal information is for the obvious reason of selling you my art and nothing else. CJB doesn't currently have any subscriptions or mailing lists, so you won't be getting your emails full of stuff from me. If at any point in the future a mailing list is created, you will not be automatically enrolled unless you request it.
Thanks,
CJB