Terms and Conditions
General Terms and Conditions
These terms and conditions apply to the use of our website and the ordering, purchase, fulfillment and delivery of Products from www.elisky.com.
Please read the following Terms and Conditions carefully before placing your Order. These Terms and Conditions contain important information about the ordering, processing, fulfillment and delivery of goods, including limitations of liability.
If you do not understand these Terms and Conditions or if you have any questions then please email us at Eli Sky Art Works, and we will be happy to help you.
Terms and conditions for the sale of our Products
These Terms and Conditions constitute a contract between the customer (you) and Eli Sky Art Works.
1.1 In these Terms and Conditions we, our or us means Eli Sky Art Works; and you or your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
1.2 By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between us and you for the supply of Products.
1.3 The Agreement together with your Order constitute the entire agreement between us and you for the supply of Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.
2. Legal Capacity
If you are under the age of eighteen (18) years you cannot place Orders with Eli Sky Art Works. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
3. Website Use
3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
3.2 You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
3.3 You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We take no responsibility for any such damage which may arise in connection with your use of the Website.
4.1 Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:
by agreement between you and us in writing or by email; or
in accordance with clause 7.4.
4.2 All prices listed on the Website exclude Delivery Costs. Delivery Costs will be shown separately on an Order.
5. Product Specifications
5.1 Specifications of Products described or depicted on the Website are subject to change without notice. To avoid doubt, we will not materially change specifications of a Product once an Order has been accepted by us and a Purchase Contract formed under clause 6.
5.2 All dimensions of Products described in the Website are approximate.
6.1 You may place an Order by using the form on “Contact” page. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of your Order (Purchase Contract).
6.2 Orders will be deemed to have been received by Eli Sky Art Works at the time Eli Sky Art Works sends an Order confirmation to your nominated email address.
6.3 Eli Sky Art Works is an online business and will primarily communicate with Customers via email. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated email address is regularly checked for correspondence.
6.4 Eli Sky Art Works reserves the right to decline to enter into a Purchase Contract with you and may cancel your Order at any time prior to dispatch of the Product(s).
6.5 In the event of a cancelled Order not dispatched, funds paid in relation to that Order will be refunded in full. You will be provided with email confirmation of the cancellation and refund.
6.6 Eli Sky Art Works does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
6.7 Eli Sky Art Works shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Eli Sky Art Works (or its affiliates), and Eli Sky Art Works shall be entitled to a reasonable extension of time for the performance of such obligations.
6.8 Where you have provided incorrect or incomplete delivery details for your Order, we may charge a re-delivery fee for each subsequent delivery attempt.
7.1 Payments will be accepted by direct bank transfer or cash on delivery.
7.2 Payment for Orders will be processed immediately and your Order confirmation will be sent by email.
7.3 If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your Order has passed our fraud prevention protocols your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, your Order will be cancelled and your payment will be refunded back to the method in which you paid.
7.4 Despite our best efforts, on occasion it may be possible that a small number of the Products in our range may be incorrectly priced on the Website. If we have made a mistake and a Product’s correct price is higher than the price on the Website, we may either contact you before shipping to request whether you want to buy the Product at the correct price or cancel your Order. If a Product’s correct price is lower than the stated price on the Website, we will charge the lower amount and send you the Product, or where the higher incorrect price has been charged, we will refund the price difference and send you the Product.
8. Delivery and ownership of the goods
8.1 We strive to deliver Products in a prompt and timely manner. However, from time to time, shipping and other factors outside of our control may result in delays. Eli Sky Art Works does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
8.2 The date of dispatch arranged via email is the date of dispatch reasonably estimated by Eli Sky Art Works. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by email via the email address nominated in their Order. Customers are permitted to cancel their Order and receive a refund at any time prior to dispatch of the Product(s).
8.3 Eli Sky Art Works will NOT deliver Products to PO Box addresses.
8.4 Where a Customer gives written authority for Products to be delivered or collected without a signature, any and all included insurance cover will be voided.
8.5 At this time Products can only collected by the Customer or authorised person from the address nominated by email. In time, couriers will be employed. The couriers or postal services nominated by Eli Sky Art Works will deliver Products during local business hours (9am to 5pm, Monday to Friday).
8.6 Eli Sky Art Works is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customer’s responsibility to liaise with the courier nominated by Eli Sky Art Works (as notified to the Customer) in relation to date and time of delivery. Eli Sky Art Works shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
8.7 Eli Sky Art Works reserves the right not to ship to remote or rural locations.
9. Damaged goods
Eli Sky Art Works will replace or refund damaged Products in accordance with our guarantee and your rights under the Australian Consumer Law.
10. Intellectual Property
All Intellectual Property in any Material on the Website is the property of Eli Sky Art Works and subject to copyright. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material from the website.
13. Gift Vouchers
We do not currently provide Gift Vouchers.
14.1 Title and risk in our Products shall pass to you at the point of dispatch by us to you, using a courier or nominated delivery service.
14.2 Eli Sky Art Works reserves the right to make changes to the Eli Sky Art Works Website and these Terms and Conditions without notice. To avoid doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.
14.3 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
14.4 A failure or delay by Eli Sky Art Works to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Eli Sky Art Works does not preclude its future ability to exercise that or any other power or right.
14.5 Insofar as they apply to the ordering, purchase, fulfillment and delivery of our Products from www.elisky.com, these our Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of Queensland, Australia and the parties submit to the jurisdiction of the courts in that State and country.
14.6 No Eli Sky Art Works representative has the authority to vary any of the Terms and Conditions governing any sale.
Your Rights Under the Australian Consumer Law
When purchasing goods and services from a business, consumers are provided with automatic guarantees and rights under the Australian Consumer Law (ACL).
The ACL states that goods must match any descriptions provided, be safe, lasting, and with no faults, and function as they are meant to. Services must be provided with acceptable care, skill, and technical knowledge and give the results that the consumer and the business have agreed on. These guarantees and rights provided by the ACL are known as ‘Consumer Guarantees’.
While Eli Sky Art Works provides our own guarantees, our goods also come with the benefit of the Consumer Guarantees that cannot be excluded under the Australian Consumer Law. These Guarantees mean that you are entitled to a replacement or refund for a major failure and compensation for any 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.
Consumer Guarantees generally apply for an amount of time that can be considered reasonable given factors such as the type and cost of the product or any representations made regarding the good’s longevity.
Expenses Incurred with Faulty Product Claims
Eli Sky Art Works will cover any reasonable expenses that arise in making a claim. This includes, but is not limited to, covering the cost of returning faulty goods to a nominated address. Provided you follow the processes outlined by Eli Sky Art Works you will incur no costs when claiming on a genuine faulty product.
For more information regarding Consumer Guarantees, your Rights and the Australian Consumer Law, visit the Australian Competition & Consumer Commission (ACCC) website