Brigitte Gerges

TERMS AND CONDITIONS OF PURCHASE

Thank you for making a purchase with Brigitte Gerges. These Terms and Conditions govern

your purchase.

By clicking “accept” you agree to these Terms and Conditions.

1. Purchase Services 1.1. The Website is operated by Brigitte Gerges (abn: 38 938 546 942) (‘Brigitte Gerges’) of PO Box 91 South Wentworthville NSW 2145 (‘Brigitte Gerges’). Access to and use of the Website, or any of its associated Products or Services, is provided by Brigitte Gerges. 1.2. The Website provides you with an opportunity to book and purchase art workshops (the ‘Workshop’) and purchase products (the ‘Products’) that have been listed for sale on the Website. The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

2. Personal Information 2.1. By proceeding to purchase a Product, you warrant and acknowledge that you are over 18 years. 2.2. When purchasing a Product, you will be required to provide personal information such as your name, address and e-mail address. 2.3. You agree that all details that you have provided in completing the purchase are true and correct. 2.4. Your personal information is kept in accordance with the Brigitte Gerges Privacy Policy (‘Privacy Policy’) which can be accessed on the Website.

3. Purchase of Products 3.1. In using the Purchase Services to purchase the Product through the Website you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price'). 3.2. Payment of the Purchase Price may be made through direct deposit, credit card through the available payment provider (the 'Payment Gateway Providers'). 3.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

3.4. Following payment of the Purchase Price being confirmed by Brigitte Gerges, you will be issued with a receipt to confirm that the payment has been received and Brigitte Gerges may record your purchase details for future use. 3.5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. 3.6. Brigitte Gerges reserves the right to accept or reject your order for any reason, including if the requested Product is not available.

4. Bookings and Refunds - Workshops 4.1. Brigitte Gerges requires all bookings and purchases for the workshops (the ‘Workshop’) to be made via the booking system available on the website (the ‘Booking System’). 4.2. If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System. 4.3. If you choose to purchase the Workshop you will be bound by the purchase terms and conditions provided at the point of purchase. 4.4. If you choose to purchase the Workshop Brigitte Gerges agrees to perform the services for you for the fees and on the date/s as set out on the Workshop information page and payment page. 4.5. Subject to clauses 4.7 and 4.8, the Workshop is non-refundable. 4.6. If you are no longer able to attend your original booking date for the Workshop, Brigitte Gerges may at its sole discretion, and depending on availability, allow you to alter your booking to allow you to participate in the Workshop on an alternative date. Any request to alter your booking must be made in writing to hello@brigittegerges.com.au at least 14 days prior to the Workshop commencement date. 4.7. If the Workshop is cancelled by Brigitte Gerges before the scheduled start date and time, for any reason whatsoever, you will receive a full refund of the fees. Brigitte Gerges will communicate with you directly. 4.8. Brigitte Gerges may reschedule the Workshop at any time. If you are not able to attend the new date, you will be provided with a full refund of the fees. 4.9. Brigitte Gerges will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of the Workshop.

5. Art Box Subscriptions Subscriptions General

1.1. Brigitte Geges offers art box subscriptions for a term of 3 months (Subscription). The subscription includes a recurring monthly or quarterly payment for the Subscription term (Subscription Term). 1.2. The Subscriptions include the inclusions outlined on the Website. 1.3. Brigitte Gerges reserves the right to vary the Subscription inclusions at any time. Subscription Fees 1.4. You are given the option of paying for the full Subscription Fes upfront, or on a monthly or quarterly basis through a payment plan. 1.5. By purchasing a Subscription through a payment plan, you agree to pay Brigitte Gerges the monthly or quarterly Subscription Fees at the then-current rate, on a monthly or quarterly basis for the Subscription Term (Subscription Fees). 1.6. If you choose to pay the monthly Subscription Fees, Subscription Fees are automatically billed on 28 th day of every month, on a monthly basis (Monthly Billing Date) and will charged to the same payment process used in your initial payment. The Monthly Billing Date is outlined in the Member Portal. 1.7. If you fail to make payment of the Subscription Fees by the Monthly Billing Date, the Products for that month will not be shipped. 1.8. If you choose to pay the quarterly Subscription Fees, Subscription Fees are automatically billed on xxxxxx, on a quarterly basis (Quarterly Billing Date) and will charged to the same payment process used in your initial payment. The Quarterly Billing Date is outlined in the Member Portal. 1.9. If you fail to make payment of the Subscription Fees by the Quarterly Billing Date, the Products for that month will not be shipped. 1.10. You acknowledge and agree that where a request for the payment of the Subscription Fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fees. 1.11. You agree that if you default on any payments due and payable under these Terms, any costs incurred by Brigitte Gerges for steps taken to enforce payment terms will be recoverable and payable by you.

Subscriptions Orders and Delivery 1.12. Subscription deliveries are subject to the general delivery terms and conditions outlined in clause 6. 1.13. Brigitte Gerges aims to process all orders for Subscription deliveries within 14 Business Days of the Monthly or Quarterly Billing Date.

Subscriptions Refunds, Returns and Cancellation of Subscriptions 1.14. Brigitte Gerges does not permit change of mind refunds for Subscriptions. For the sake of clarity, Brigitte Gerges will not be liable for any dislike of Products or your change of mind regarding the subscription model once you have paid for the Subscription. 1.15. Brigitte Gerges will make every effort to ensure a Product, including any Product provided through a subscription is accurately depicted on the Website, however, you acknowledge that inclusions, sizes, colours and designs may differ from what is displayed on the Website. 1.16. If you require a return for any other reason please see clause 7. 1.17. Bigitte Gerges reserves the right to discontinue or cancel your Subscription at any time and may suspend or deny the Subscription model at any time at its sole discretion. Subscription Disclaimer 1.18. Any information provided to you by Brigitte Gerges regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose. 1.19. Brigitte Gerges makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products. 1.20. Brigitte Gerges will not be liable for any damage, loss or any result based on your use of Brigitte Gerges Products. 1.21. Brigitte Gerges Products contain goods provided by third-party suppliers. You agree that Brigitte Gerges is in no way responsible for the quality of goods, results provided by the use of the goods or any other occurrence resulting from the use of the relevant goods. The warranties and disclaimers of the third-party suppliers apply to the goods.

2. General Delivery 2.1. All shipping and delivery dates are estimates, and any delivery date provided to you by Brigitte Gerges is not guaranteed. Weather delays and other unforeseen circumstances may impact delivery time. Brigitte Gerges will strive to meet the requirements of your anticipated delivery date. However, Brigitte Gerges will not be liable for any losses you suffer as a result of a delay. 2.2. You acknowledge that the Purchase Services offered by Brigitte Gerges integrate delivery (the 'Delivery Services') through the use of Australia Post, Sendle and other third party delivery companies (the 'Delivery Service Providers').

2.3. In providing the Purchase Services, Brigitte Gerges may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Brigitte Gerges is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services. 2.4. Brigitte Gerges currently ships domestically across Australia limited to locations serviced by the relevant Delivery Service Providers. If permitted by the Delivery Service Providers, Brigitte Gerges can ship to both commercial and domestic addresses and you can have your order shipped to a P.O box. 2.5. Brigitte Gerges currently ships internationally limited to locations serviced by the relevant Service Delivery Providers. You are responsible for any applicable taxes and fees payable in overseas markets such as, but not limited to, import duties, inspection fees, quarantine fees, Goods & Services Tax/Value Added Tax. Brigitte Gerges will not be held liable for any such expense. 2.6. You agree certain Products contain perishable items that may be damaged if left outside for an extended period of time. You acknowledge that if the Products are left at a P.O Box or if you authorise the Delivery Services Provider to leave the Products on delivery, the state of the goods will be your responsibility. 2.7. Brigitte Gerges takes care packaging Products safely and securely. Brigitte Gerges will not be liable for any damage or loss after Products leave Brigitte Gerges for shipping to you. Brigitte Gerges recommends that you elect to pay for insurance for your Products to cover loss and damage in the course of shipping by the Delivery Service Providers. 2.8. In the event that an item is lost or damaged in the course of the Delivery Services, Brigitte Gerges asks that you: (a) contact the Delivery Service Provider directly to request a refund; and (b) contact Brigitte Gerges by sending an email to hello@brigittegerges.com outlining in what way the Products were damaged in transit so it is able to determine if the Delivery Service Provider should be removed from the Purchase Services.

3. Returns Policy
   3.1. Brigitte Gerges wants you to be satisfied with your Product. If you have any issues with Brigitte Gerges Products, please e-mail hello@brigitte.gerges.com. 3.2. If you have received the incorrect Product, Brigitte Gerges will provide a refund on the return of the item. To request a refund and organise a return for this reason please e-mail hello@brigittegerges.com with your proof of purchase and photographs of the Product you have received within 5 business days of receipt. The returned Product must be unopened, and its original saleable condition.

3.3. Brigitte Gerges does not provide refunds for change of mind. 3.4. Brigitte Gerges does not provide refunds for sale items, for any reason. 3.5. Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers. 3.6. In the following situations, no refund or return will be available: (a) Denied acceptance of delivery by receiver; (b) Inaccurate delivery address; (c) Absent receiver - If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to Brigitte Gerges for a return fee charged to the initial payment method.

4. Cancellation of Orders 4.1. Once payment for an order has been accepted, no cancellations are permitted. 4.2. Where a Product has been listed at an incorrect price, or has incorrect written information or images, Brigitte Gerges reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.
5. Warranty 5.1. Products (a) Brigitte Gerges Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty'). A major failure with a product under Australian Consumer Law includes but is not limited to where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose. (b) If you have received a Product that you believe is faulty or defective, please contact hello@brigittegerges.com with photographic proof.

5.2. Workshops (a) Brigitte Gerges will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Brigitte Gerges makes no warranty

that the Workshops will meet your requirements or that all clients will achieve the same results. (b) The services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel this Agreement with Brigitte Gerges and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

6. Information and Product Disclaimer 6.1. Any information provided to you by Brigitte Gerges regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose. 6.2. Brigitte Gerges makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.
   6.3. Brigitte Gerges will not be liable for any damage, loss or any result based on your use of Brigitte Gerges Products including subscriptions. 6.4. Brigitte Gerges Products contain goods provided by third-party suppliers. You agree that Brigitte Gerges is in no way responsible for the quality of goods, results provided by the use of the goods or any other occurrence resulting from the use of the relevant goods. The warranties and disclaimers of the third-party suppliers apply to the goods.

7. Copyright and Intellectual Property 7.1. The Website, the Purchase Services and all of the related Products of Brigitte Gerges are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, images of artwork, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Brigitte Gerges or its contributors. 7.2. Brigitte Gerges retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: (c) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Brigitte Gerges; or (d) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(e) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process). 7.3. You may not, without the prior written permission of Brigitte Gerges and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain. 7.4. Brigitte Gerges retains all copyright in Brigitte Gerges artworks including reproduction and distribution rights, even when ownership of the artwork is transferred to you, unless otherwise stated and agreed upon. Brigitte Gerges also retains all copyright for any preliminary designs and incidental works made in the creation of the artwork. The artwork may not be reproduced, sold or used for any profitable purpose without the express written permission of Brigitte Gerges. 7.5. You agree to indemnify and agree to keep indemnified Brigitte Gerges against all liability, losses or expenses incurred by Brigitte Gerges including damage to Brigitte Gerges’s reputation in relation to or in any way directly or indirectly connected with any breach of copyright by you or your agents. 7.6. You agree that you will not permit any use of Brigitte Gerges’ name or misuse of the artworks which would adversely reflect on of discredit Brigitte Gerges’ reputation as an artist, or which would violate the spirit of the artwork.

8. Privacy Brigitte Gerges takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to the Brigitte Gerges Privacy Policy.

9. Mailing List and SMS List Registration 9.1. You will be given the option to register for the Brigitte Gerges Mailing List (the 'Mailing List') and SMS List (the ‘SMS List’). 9.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including: (a) Email address (b) Name 16.3 If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Brigitte Gerges.

10. Indemnity

9.3. You agree to indemnify Brigitte Gerges, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or (c) any breach of the Terms.

7. Venue and Jurisdiction In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
8. Governing Law The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
9. Independent Legal Advice Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
10. Severance If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.