Terms & Conditions

Introduction

These Terms & Conditions apply to your use of the Mbantua Gallery website and any purchases made through our online store. By accessing our website, placing an order, or using our services, you agree to be bound by these Terms & Conditions.

In these Terms & Conditions, "we", "us" and "our" refers to Mbantua Gallery Pty Ltd.

Mbantua Gallery Pty Ltd reserves the right to update or modify these Terms & Conditions at any time. Any changes will take effect once published on this website. We encourage you to review these Terms & Conditions periodically to ensure you are aware of any updates.

Using Our Website

You may access and use the Mbantua Gallery website for personal and lawful purposes only. By using our website, you agree not to misuse the website, interfere with its operation, or attempt to access areas or information that are not intended for public use.

While we take reasonable steps to ensure the information provided on our website is accurate and current, Mbantua Gallery does not guarantee that all information, descriptions, images, pricing or availability details are free from errors. We reserve the right to correct any errors or omissions and update information at any time.

Ordering Artwork and Products

When you place an order through our website, you are making an offer to purchase the selected artwork or product under these Terms & Conditions.

Your order is not considered accepted until Mbantua Gallery has confirmed acceptance and payment has been successfully processed. We reserve the right to accept or decline any order, including where an artwork is unavailable, incorrectly priced, or contains an error in description.

If an order is declined after payment has been processed, Mbantua Gallery will refund the full amount paid using the original payment method where possible.

Pricing and Payment

All prices displayed on our website are shown in Australian Dollars (AUD) and include Goods and Services Tax (GST) where applicable.

Mbantua Gallery reserves the right to change prices at any time. Price changes will not affect orders that have already been accepted and confirmed.

Payment can be made using the payment methods available during checkout. All payments are processed securely through trusted third-party payment providers.

Artwork Authenticity and Provenance

Mbantua Gallery guarantees that all original artworks represented as Aboriginal artworks on our website are genuine and authentic works of art.

We provide information about each artist and their artwork based on knowledge gathered from artists, their families, communities, and trusted sources. Artist profiles and artwork descriptions are provided to help customers understand the background, style and cultural significance of each artwork.

Where possible, artists are encouraged to sign their artworks either with their signature or a traditional mark. Some older artists may use a cross or other mark where they are unable to write their name.

Original artworks with product codes beginning with "MB" are provided with a Mbantua Gallery Certificate of Authenticity and, where available, a photograph of the artist with their artwork.

Cultural Information

Mbantua Gallery is committed to respectfully representing Aboriginal artists, their artworks and their cultural stories.

Information relating to artists, language groups, communities, stories and cultural meanings is provided based on information available to Mbantua Gallery from artists, families, communities and relevant sources. Cultural information should always be viewed respectfully and within the context in which it has been shared.

Artwork Images and Descriptions

We make every effort to ensure artwork images, colours, dimensions and descriptions displayed on our website accurately represent the artwork. However, colours may vary slightly depending on your device, monitor settings and display quality.

As each Aboriginal artwork is individually created by hand, minor variations, textures, marks and natural characteristics are part of the uniqueness and authenticity of each piece.

Returns and Refunds

We want you to love your artwork and feel confident purchasing from Mbantua Gallery. We understand that choosing Aboriginal artwork is a personal decision and that viewing artwork online can sometimes feel different to seeing it in person.

If you decide that your artwork is not the right fit, Mbantua Gallery offers a return option for original artwork purchases. You must contact us within 48 hours of receiving your artwork to advise that you would like to arrange a return.

Artwork must be returned within 10 days of delivery, in its original condition, securely packaged, and with all original documentation supplied by Mbantua Gallery.

Return shipping costs are the responsibility of the customer. Once the artwork has been received and inspected, a refund for the purchase price of the artwork will be processed using the original payment method.

This return policy applies to original artwork purchases only and does not affect your rights under the Australian Consumer Law.

Shipping and Delivery

Mbantua Gallery takes great care when preparing and shipping your artwork to ensure it arrives safely and securely.

Free shipping and insurance is provided for original paintings purchased through our website that can be safely rolled and shipped in a protective tube. This allows artworks to be transported securely while reducing the risk of damage during transit.

Where customers choose to have artwork professionally stretched or framed before delivery, additional charges may apply. Shipping charges may also apply for stretched or framed artwork being delivered outside Australia.

Large artworks are generally recommended to be shipped rolled wherever possible, as stretching or framing larger works can increase the risk of damage during transport and may significantly increase freight costs.

Delivery timeframes vary depending on the destination, artwork preparation requirements and shipping provider. We will provide tracking information where available once your artwork has been dispatched.

Insurance

All original artworks purchased through the Mbantua Gallery website are insured by us while in transit until they are delivered to the customer.

Customers should inspect deliveries upon arrival and notify Mbantua Gallery as soon as possible if any damage has occurred during transport.

International Orders and Import Duties

Customers purchasing artwork for delivery outside Australia are responsible for any applicable import duties, taxes, customs charges or handling fees imposed by their country of residence.

These charges are determined by local customs authorities and are outside the control of Mbantua Gallery. Customers are responsible for ensuring they understand any applicable import requirements before placing an order.

Availability of Artwork

Many artworks available through Mbantua Gallery are original one-of-a-kind pieces. Occasionally, an artwork may become unavailable due to circumstances outside our control.

If an artwork becomes unavailable after an order has been placed, we will contact you as soon as possible to discuss available options, which may include a full refund, selecting an alternative artwork of similar value, or another suitable arrangement.

Mbantua Gallery reserves the right to remove artworks or products from sale at any time without notice.

Promotions and Special Offers

From time to time, Mbantua Gallery may offer promotions, discounts, special offers or competitions through our website, galleries or other communication channels.

Each promotion may have specific terms and conditions that apply in addition to these Terms & Conditions. Customers should review the applicable Promotions Terms & Conditions before participating in any offer.

Unless otherwise stated, promotional offers:

• Are available for a limited time only.
• Cannot be applied retrospectively to previous purchases.
• Cannot be combined with other offers or discounts.
• Are subject to product availability.
• Cannot be exchanged for cash.

Mbantua Gallery reserves the right to modify, extend or withdraw promotions at any time.

Privacy

Your privacy is important to us. Any personal information collected through our website will be handled in accordance with our Privacy Policy.

By using our website, you acknowledge and agree to the collection and use of information as outlined in our Privacy Policy.

Intellectual Property (IP)

All intellectual property rights relating to the Mbantua Gallery website, including artwork images, photographs, artist biographies, written content, logos, designs, graphics and other materials displayed on this website, are owned by Mbantua Gallery Pty Ltd or are used with permission from the relevant copyright owners.

Artwork images and information relating to Aboriginal artists and their works are protected by copyright and must not be copied, reproduced, modified, distributed, published, or used for commercial purposes without prior written permission from Mbantua Gallery and/or the relevant copyright holder.

By accessing our website, you are granted a limited licence to view and use website content for personal, non-commercial purposes only. This licence does not permit you to reproduce, republish, sell, distribute, modify, scrape, copy or commercially exploit any website content.

Unauthorised use of artwork images, artist information, cultural content or other website materials may infringe intellectual property rights and applicable copyright laws.

Website Content and Copyright

Mbantua Gallery respects and protects the intellectual property rights of the artists we represent. Aboriginal artworks, artist stories and cultural information shared through our website remain connected to the artists, their families, communities and cultural custodians.

Users of this website must not reproduce, copy or use Aboriginal artwork images or cultural information without appropriate permission and acknowledgement.

Australian Consumer Law

Mbantua Gallery complies with the requirements of the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Our customers have certain rights and guarantees under Australian Consumer Law that cannot be excluded, including guarantees that goods and services supplied by us are of acceptable quality, fit for purpose, and match their description.

Nothing in these Terms & Conditions limits or excludes any rights or remedies available to you under the Australian Consumer Law or any other applicable legislation.

Website Use and Security

Mbantua Gallery takes reasonable steps to ensure our website is secure, reliable and free from harmful content. However, we cannot guarantee that our website will always be available, uninterrupted, or completely free from errors, viruses or other harmful components.

You are responsible for ensuring your own device and systems are protected when accessing and using our website.

Disclaimers

While Mbantua Gallery takes care to ensure information displayed on our website is accurate and up to date, we do not warrant that all website content will always be free from errors, omissions or inaccuracies.

Artwork colours, textures and details may vary slightly from images displayed online due to photography conditions, screen settings and individual device displays.

To the extent permitted by law, Mbantua Gallery excludes liability for any loss, damage or inconvenience arising from the use of this website or reliance on information provided on this website, except where such liability cannot be excluded under applicable law.

External Links

Our website may contain links to external websites, including social media platforms or other third-party websites. These links are provided for convenience and do not represent endorsement, approval or responsibility for the content, products, services or privacy practices of those websites.

We recommend reviewing the terms and privacy policies of any external websites you visit.

Intellectual Property Protection

Mbantua Gallery reserves the right to take appropriate action where website content, artwork images, photographs, written material, branding or other intellectual property is used without permission.

This may include unauthorised copying, reproduction, commercial use, distribution or modification of materials belonging to Mbantua Gallery, represented artists or other copyright owners.

Governing Law

These Terms & Conditions are governed by and interpreted in accordance with the laws of the Northern Territory, Australia.

You agree that any disputes arising from these Terms & Conditions or your use of the Mbantua Gallery website will be subject to the jurisdiction of the courts of the Northern Territory.

Changes to These Terms & Conditions

Mbantua Gallery Pty Ltd may update these Terms & Conditions from time to time to reflect changes to our services, business practices, website or legal requirements.

Any changes will be published on this page. We encourage you to review these Terms & Conditions periodically to ensure you are aware of the current version.

Contact Us

If you have any questions regarding these Terms & Conditions, our products, or your purchase, please contact us through our Contact Us page.

Mbantua Aboriginal Art Gallery
Mbantua Gallery Pty Ltd
24 Elder Street
Alice Springs, NT 0870
Australia