Terms of Use

These are the Terms and Conditions of The Trustee for Za Wa Da Trust trading as Za Wa Da Pty Ltd (ABN 56 621 541 966) (“Za Wa Da Pty Ltd”, “we”, “us”) on our website located at zawada.art, which is owned and operated by us (Za Wa Da Pty Ltd). These Terms and Conditions also incorporate our Terms of Use, Disclaimer and Privacy Policy, all of which can be found on our Website.

Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.

ECOMMERCE

Our products are shipped from regional NSW and wrapped and packed by hand in our studio. We sell strictly limited quantities of product. All payments are through PayPal and shipping is with Australia Post. We have endeavored to provide as accurate information as possible, please contact us with any queries. Also please note we cannot be responsible for how colours appear on your screen as screen calibrations are so variable.

ORDER CONFIRMATION

When you submit an order through the website, you will be sent an automatic confirmation email which is an acknowledgement of receipt of your order from PayPal, however no agreement is formed until we process and accept your order and send you a personalised confirmation email. This document will supersede all prior correspondence in relation to your order (including but not limited to verbal, written communications etc.). We will proceed with your order, as per your order confirmation, unless we receive written notification of any requested changes within 24 hours.

If you have any concerns or enquiries after you have made your order please contact us within 24 hours.

ORDER CHANGES OR CANCELLATIONS

For any order changes or cancellation please do so in writing to us within 24 hours of your order confirmation email. 

PAYMENT

You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.

You acknowledge and agree that your payment in full in cleared funds is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.

If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.

We currently accept payments through PayPal.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway or processor or credit provider (such as PayPal), which are available on the PayPal website. You understand that these services are provided by third parties, and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on our Website, please contact them directly.

PRODUCTION LEAD TIMES

For print preorder there is a production time before delivery time, this will be specified on the product page.

SHIPPING AND DELIVERY

We ship worldwide

a) Delivery Timeframes

All efforts are made to send out orders within 2/3 business days. We are not responsible for Australia Post delays, or international shipping issues with local postage delivery services.

b) Delivery Address

It’s your responsibility to make sure that your postal address details on your PayPal account are correct and up to date - we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement.

c) Tracking

When we dispatch your order, we will give you a tracking number for you to track the estimated delivery. If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.

e) Risk

Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery, unless you’ve given authority to leave unattended. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.

If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.

EVENTS BEYOND CONTROL

As already covered in LEAD TIMES and SHIPPING AND DELIVERY, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue.  While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

AUSTRALIAN CONSUMER LAW

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to: replacement of the product; repair of the product; payment of the cost of having the product repaired; or such other fair and reasonable remedy as we are ready and willing to provide.

We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.

If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind.

To make an ACL-related claim, please contact us at annie (@) zawada.com.au

REFUND PROCEDURE

If you believe your goods are damaged or defective in any way on delivery, please contact us at annie (@) zawada.com.au as soon as possible to arrange a suitable remedy, such as return, exchange or refund.

Please note that you are required to inform us of any fault with the goods in the period from delivery until the fault or problem would reasonably be expected to appear. Based on the nature of our products, we estimate this period to be approximately 5 days. We will not be responsible for claims due to bad maintenance of the product.

INTELLECTUAL PROPERTY

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.

DISPUTE RESOLUTION

If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in NSW, Australia (unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.

Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).

VARIATION

We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.

SEVERANCE

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

TERMINATION

We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.

JURISDICTION

As we are based in NSW, these terms will be governed by the laws of NSW. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of NSW and courts of appeal from them.

This document was last updated: May 2023