Important Terms & Conditions
Before purchasing from Make it POP – Art
it’s important to familiarise yourself with & agree to our Terms & Conditions.
References to Make it POP – Art or youve been warholed in the Terms and Conditions relate to the company KWX Consulting (ABN: 34 627 889 794); owner of the business Make it POP – Art (formally youve been warholed).
The definitions, and terms and conditions in this document reflect the default agreement between Make it POP – Art (formally youve been warholed) and individuals purchasing from or receiving donations from Make it POP – Art (formally youve been warholed). Unless alternative arrangements have been documented and agreed upon by relevant parties, the clauses in this document are effective indefinitely.
Throughout this document the Business/Company will be referred to as Make it POP – Art.
Business or Company means Make it POP – Art (or formally youve been warholed).
Artwork or Commission or Product means the service or creation of artwork or print (physical and digital) or apparel provided by the Business (creation, production, printing, manufacturing or delivery of item purchased).
We or Us or Our means Make it POP – Art. For the purposes of this document, the words Make it POP – Art will also encompass the formally youve been warholed brand name.
You or Gift Recipient or Your means the commissioner of the Product (customer of Customised Product ), the purchaser of the Product (customer of Ltd Ed Product), the purchaser or recipient of a gift coupon/credit or the recipient of a donation from the Business or a customer.
The Artist means the person significantly involved in the creation of the Product.
Ltd Ed Product means Limited Edition print or apparel, One of 22 by KW. These products are reproduced only 22 times per Product style and/or colour.
Customised Product means a customised or personalised Artwork that has been commissioned by the customer and requires the customer’s photo and final approval of Artwork. This Product is produced only once by the Business.
Start of Work means when Make it POP – Art has completed any cost-incurring activity for the Product. For Customised Product this means any work that involves editing or manipulating a photo/s (file/s) received and agreed upon for Artwork creation (this does not include any advice provided by Us to You about whether Your photo is fit for purpose, or any recommendations on an alternative photo/s or print/s). For Make it POP – Art Ltd Ed Products this means activation of the printing or delivery process.
Artwork Rights & Usage means the ownership or copyright, permission to duplicate, and the presentation of the Product in any environment (e.g. online, social media, video, film, television, showrooms, galleries, functions, physical format/hard copy or digital format/soft copy).
Payment means the cost to You for Us to provide the Product (initial purchase price or the price for any revisions requested and agreed to).
- We reserve the right to modify our Terms and Conditions at any time and without prior notice. We will do this for the purpose of greater transparency, relevancy, managing expectations, as well as to reasonably protect the Business or customers.
- We reserve the right to decline a request to purchase any Product without needing to defend our reasoning.
- We reserve the right to cancel a request to purchase any Product, stop work or decline a request for a replacement Product, if any of the following occurs: the Product delivered meets the description set out in the Product information on Our Website; the Product delivered aligns visually (style and colours) with the digital image viewed on Our Website or sent to You and approved by You as final; any behaviour we deem as offensive or inappropriate; an inability to effectively or promptly communicate with You; any threats to the integrity of our Product, Business or Artist; or a breach of the Terms and Conditions (this document).
- We will not create any artwork using photographs or imagery that we deem to be symbolic or a depiction of pornographic materials or behaviour; hate; or racism.
- Customised Product:
- You accept all liability in the event that you provide us with an image that you do not own the copyright, consent, alteration or distribution rights, and where the true owner seeks action, compensation, profit or damages for use.
- We will not be responsible for any errors or misrepresentations of the final print in the event that they are due to incorrect, misleading or missing information by You/Gift Recipient. It is Your/Gift Recipient’s responsibility to provide us with all the relevant information when requesting and purchasing Customised Products. You agree to specify and explain, to the best of your ability, any special requirements you may have, prior to the Start of Work. A complex Customised Product may incur revised costs and agreements (e.g. artist fees, extended time frames and/or revised Terms and Conditions).
- You accept that when purchasing Customised Product (photographs/images provided by customers) that by default the Artwork will include one subject only (e.g. person, animal, object, etc). If images with more than one subject are required then You will make contact with Us to discuss your options (image, revised costs, time frames, terms and conditions).
- We both accept that you may request changes to the Artwork during the approval process: Step 1. Digital base (black and white/draft) version of the Artwork for approval by You, and Step 2. Digital colourised version of Artwork for approval by You. You accept that at both Step 1 and Step 2 You are entitled to request reasonable changes to the Artwork (no more than two hours of The Artist’s labour) and that any changes that go beyond reasonable requests may incur additional costs ($50-$110/hr.). We agree to inform you of any additional costs before any additional work commences. Where a change requires re-printing the Artwork you agree to incur the full cost of re-printing. Re-printing costs will depend on the size of the re-print.
- We reserve the right to reject critiques or requested adjustments and changes pertaining to the artistic skill/stylisation or materials, if we deem the critique or request poses a potential risk to the artistic quality and integrity of the final print or a risk to the reputation, finances or employees of our Business.
- We accept that you have the right to duplicate or distribute your Customised Product for personal use and commercial use. In all circumstances you agree to acknowledge Make it POP – Art or The Artist as the original creators of the Artwork (i.e. Make it POP – Art logo intact or take all reasonable and practical steps to effectively and deliberately, through either communications, display or distribution, acknowledge Make it POP – Art or The Artist as the original creator of the Artwork. You accept we may use your Customised Product for commercial purposes. These purposes include, but are not limited to: placement on Our Website; showrooms; exhibitions; and online/social media activities. In any event, We will request your permission prior to using your Customised Product for commercial purposes.
- You accept that there may be slight variations in colour or detail between the Product you view digitally or on Our Website (i.e. on your own screen monitor or mobile device) compared to the Product You receive. You therefore understand that there may be colour or detail variations across monitors, devices, environments, as well as across medium (i.e. physical print, digital print, apparel). Considering these factors/discrepancies You release Us from any liability relating to variations in Product colour or detail between the digital format you view on Our Website or You approve as final and the physical format (print and apparel). Slight variations include, but are not limited to physical print displaying darker RGB, deeper black, prominent shading and contouring and greater detail in ‘brush’ strokes.
- You understand that the wall art Products are designed and printed in Australia. Customised Product and Ltd Ed Product are a Giclée print – high resolution digital images, printed on 310gsm photo rag 100% cotton and using 12 Colour Lucia pigment ink set. All wall art . You also understand that the Artwork is delivered to You unframed. Considering the print medium, prints are rolled, protected by acid-free paper and secured in an appropriately sized durable mail tube for transportation to Your shipping address. A digital/soft copy of Customised Product only will also be sent to customers via email or WeTransfer (or similar).
- You understand that the Streetwear apparel Product is designed in Australia and made and printed in India (Auctus Wear) using premium quality fabrics, superior screen and digital printing and highly qualified garment makers. Streetwear caps are made in Italy (Atlantis) and designed and printed in Australia.
- After you have received the Product you agree not to damage the corporate or artistic reputation of Make it POP – Art, either privately or publicly. This includes circumstances where you have changed your mind; and/or developed a less than favourable opinion of the Product, after you approved or purchased the Product.
- You accept that in periods of high demand on Our services, there may be delays in receiving digital images for approval and/or Products. We will, however, keep you as informed as is practically possible of any potential delays. You accept that the average turnaround time (from payment received) can be up to three (3) weeks. Depending on your Artwork purchase, impact of time frames can be found on our website: https://makeitpopart.com.au/imp-info/time-frames-delivery/).
- You also acknowledge that the average turnaround time for Product completion and delivery can be negatively impacted by unclear, difficult and slow communication between You and Us (e.g. requests for information or approval of digital images).
- In the event that you require your Product by a specific or urgent date, you agree to effectively and clearly communicate this to us, as well as receive acknowledgment/agreement/feedback from us regarding your time frame and feasibility. We commit to doing our best to accommodate any specific or urgent completion dates.
- Communication between You and Us will be conducted and documented via email, text or phone calls.
2. RIGHTS & USAGE
- You accept that Make it POP – Art owns all Product and Artwork copyright and trademarks (excluding Customised Product).
- You understand that you are not purchasing 1970s Pop Art prints or designs, nor are We associated with any foundation or company owned or associated with 1970s Pop Art trademarks or copyright. You understand that the Artworks created for our Products are original, limited edition and created by Make it POP – Art or Artists who are inspired by 1970s Pop Art techniques and styles, rather than a copy of 1970s Pop Art.
- You accept that by purchasing Ltd Ed Product you are purchasing our labour and materials only (a physical print or apparel). We reserve all rights, distribution and use of Ltd Ed Products, unless otherwise communicated or agreed. You understand that We have created the Ltd Ed Product with care and we have taken into consideration the importance of premium products and materials. Therefore, you agree not to re-produce in physical format or edit/alter any Ltd Ed Product as this may infringe Our copyright protections, as well as unintentionally or unnecessarily place Our reputation at risk (i.e. quality of prints, design or apparel).
3. PAYMENTS & REFUNDS
- Payment must be made in full (funds received by Us) prior to Start of Work or printing or delivery.
- Customised Product:
- Start of Work will not commence until We have made contact with You to discuss and confirm the artwork style, colour, size, image and any other comments or requirements You may have. You also accept that there may be a delay in finalising the Customised Product if communication proves difficult or time consuming.
- Once you have accepted/approved the digital final colourised image for your Customised Product, you accept that any changes thereafter, will incur a cost to You. Once you have approved the digital final colourised Customised Artwork, you accept that the artwork was delivered within your requirements and expectations. Refunds will not be issued for Customised Product, nor will a refund be issued if any of the Terms and Conditions are breached (this does not include refunds where an incorrect or damaged Customised Product is delivered).
- Refunds will not be issued for gift coupons or vouchers (including donations from Us). A gift coupon code remains active, if unused, for a period of 12 months. A gift coupon may be re-issued into a different name, if unused, once only, however, the gift coupon will retain its original expiry period (12 months from the original/first date of purchase).
- Refunds will not be issued for Ltd Ed Product, nor will a refund be issued if any of the Terms and Conditions within this agreement are breached (this does not include refunds where an incorrect or damaged Ltd Ed Product is delivered).
- We reserve the right to adjust any information on Our Website or documents, as well as the price of any Product accordingly. However, we will never change the price of a Product that has formally been agreed upon, has already started, has been invoiced (up to 10 days valid) or has been paid in part or in full.
4. CONTACT INFORMATION
- Created December 2018
- Modified February 2019
- Modified June 2019
- Modified Oct 2020
- Modified Jan 2021
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