Terms of service

OVERVIEW

Welcome to QUIVER. The terms "we", "us" and "our" refer to QUIVER. QUIVER operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). QUIVER is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced within them (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all the information you provide is correct, current and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 — OUR PRODUCTS

Every QUIVER print is made to order. We do not hold stock. Your order is produced specifically for you at a professional fine art print lab, and framed pieces are assembled by hand.

We have made every effort to represent our products accurately. However, colours and appearance may differ from how they appear on your screen, depending on your device, its settings and its calibration. Fine art papers also have their own texture and tone, which affects how colour reproduces. Minor variation between the on-screen image and the finished print is a normal characteristic of fine art printing and is not a defect.

We do not warrant that the appearance of any product will exactly match how it is depicted or rendered in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time, and to limit the quantities of any product we offer to any person, geographic region or jurisdiction on a case by case basis.

SECTION 3 — ARTWORK, ARTISTS AND COPYRIGHT

QUIVER is a curated gallery. The artwork we sell is created by independent artists who licence their work to us for reproduction and sale, and who are paid a commission on every sale.

All artwork remains the intellectual property of the artist who created it. Purchasing a print grants you ownership of that physical print, for personal, non-commercial display only. It does not transfer copyright, reproduction rights, or any right to resell reproductions of the work.

You must not reproduce, copy, scan, photograph for commercial use, create derivative works from, or commercially exploit any artwork purchased from QUIVER without the written permission of the artist who owns the copyright.

If you believe any work displayed on QUIVER infringes your copyright, please contact us with details of the work and evidence of your ownership. We will investigate promptly and remove the work while we do so.

SECTION 4 — ORDERS

When you place an order, you are making an offer to purchase. QUIVER reserves the right to accept or decline your order at its discretion. Your order is not accepted until QUIVER confirms acceptance. We must receive and process your payment before your order is accepted.

Because every print is produced to order, production usually begins within hours of your order being placed. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation or amendment requests once production has started. If you need to change or cancel an order, contact us immediately and we will do what we can.

In the event that we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy, and with any statutory rights you have under the consumer law of your country of residence.

You represent and warrant that your purchases are for your own personal or household use, and not for commercial resale or export, unless you have separately agreed trade terms with us.

SECTION 5 — PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time your order is placed, and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. Where you are ordering from a region outside those in which we print locally, your order may attract import duties or taxes charged by your local customs authority. These are not included in our prices and are the responsibility of the recipient.

We may offer promotions from time to time that are governed by their own terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases, and to promptly update that information so that we can complete your transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct and complete, that you are authorised to use the payment method, and that you will pay the charges incurred at the posted prices, including shipping and all applicable taxes.

SECTION 6 — SHIPPING AND DELIVERY

Delivery times quoted are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control. Full details are set out in our Shipping Policy.

Once we transfer products to the carrier, risk of loss passes to you. If your order arrives damaged, our Refund Policy sets out how we will put it right.

SECTION 7 — INTELLECTUAL PROPERTY

Our Services, including the QUIVER name, logo, website design, text, displays, graphics, video, audio, and the selection and arrangement of them, are owned by QUIVER, its affiliates or its licensors, and are protected by Australian and international copyright, trademark and other intellectual property laws.

Artwork images displayed on the Services are the property of the respective artists and are used with permission, as set out in Section 3.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent.

Except as expressly provided, nothing in these Terms grants any licence or right to you under any patent, trademark, copyright or other intellectual property of QUIVER, our artists, Shopify or any third party. All rights not expressly granted are reserved.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos and trademarks on the Services are the property of their respective owners.

SECTION 8 — OPTIONAL TOOLS AND THIRD-PARTY LINKS

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor control. We provide access to such tools on an "as is" and "as available" basis without warranties, representations or conditions of any kind. Any use of these tools is entirely at your own risk and discretion, and you should familiarise yourself with the terms on which they are provided.

The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you leave the Services to access these sites, you do so at your own risk. Complaints, claims or questions regarding third-party products and services should be directed to the third party.

We may offer new features through the Services in future. Such features will also be subject to these Terms.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

QUIVER is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with QUIVER. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and QUIVER, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with QUIVER.

SECTION 10 — PRIVACY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit will be transmitted to and shared with Shopify, and with third parties that may be located in countries other than where you reside, in order to provide the Services to you.

SECTION 11 — REVIEWS AND FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use. We may, for example, feature a customer review or a photograph of a print in your home on our website or social media.

You represent and warrant that you own or have all necessary rights to your Feedback, that you have disclosed any compensation or incentive received in connection with it, and that it complies with these Terms.

We are under no obligation to keep Feedback confidential, to pay compensation for it, or to respond to it. We may, but are not obliged to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that infringes any third party's rights.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy or personality rights, and will not contain unlawful, abusive or obscene content or any malware. You may not use a false email address, impersonate any person, or mislead us or others as to the origin of any Feedback. You are solely responsible for any Feedback you submit and for its accuracy.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order.

SECTION 13 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: for any unlawful or malicious purpose; to violate any regulations, rules, laws or local ordinances; to infringe upon our intellectual property rights or those of others, including our artists; to harass, abuse, insult, harm, defame, slander, disparage or intimidate any person; to transmit false or misleading information; to send any unsolicited advertising or promotional material; to impersonate any person or entity; or to engage in any conduct that restricts or inhibits anyone's use of the Services or that may harm QUIVER, Shopify or users of the Services.

You further agree not to: upload or transmit viruses or malicious code; reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; collect or track the personal information of others; spam, phish, pharm or pretext the Services; use any robot, spider, scraper, data gathering or extraction tool, AI tool or automated process to access the Services; or interfere with, bypass or circumvent any security measures we employ.

We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 — AGENTS

14.1 This section (the "Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed on behalf of or using a person's device without direct supervision.

14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that it refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use or interaction is from an Agent, including by mimicking human behaviour and interaction patterns, or by completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services, or any part of them, at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Artwork, Artists and Copyright; Intellectual Property; Reviews and Feedback; Termination; Consumer Guarantees; Disclaimer of Warranties; Limitation of Liability; Indemnification; Severability; Waiver and Entire Agreement; Assignment; Governing Law; Privacy; and any other provisions that by their nature should survive termination.

SECTION 16 — CONSUMER GUARANTEES

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that you may have under the Australian Consumer Law, the UK Consumer Rights Act 2015, applicable European Union consumer protection law, or any other consumer protection law of your country of residence, where such rights cannot lawfully be excluded.

For Australian customers: our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Sections 17 and 18 apply only to the extent permitted by the consumer protection laws that apply to you.

SECTION 17 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on it is strictly at your own risk.

Subject to Section 16, and except as expressly stated by QUIVER, the Services and all products offered through the Services are provided "as is" and "as available", without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

SECTION 18 — LIMITATION OF LIABILITY

Subject to Section 16, and to the fullest extent permitted by law, in no case shall QUIVER, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data or replacement costs, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including any errors or omissions in any content, even if advised of their possibility.

Where liability cannot be excluded but can be limited, our liability is limited, at our option, to the replacement of the goods or the resupply of the services, or the payment of the cost of doing so.

SECTION 19 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless QUIVER, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party arising out of: your breach of these Terms of Service or the documents they incorporate by reference; your violation of any law or the rights of a third party, including the intellectual property rights of our artists; or your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such a claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 20 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 — WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including any prior versions of these Terms.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 22 — ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 23 — GOVERNING LAW

These Terms of Service, and any separate agreements under which we provide you Services, shall be governed by and construed in accordance with the laws of Queensland, Australia. You and QUIVER submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

Nothing in this section limits any statutory rights or protections you may have under the consumer protection laws of your country of residence, or your right to bring proceedings in the courts of that country where such a right cannot lawfully be excluded.

SECTION 24 — HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 25 — CHANGES TO THESE TERMS

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 26 — CONTACT

Questions about these Terms of Service should be sent to us using the details below.

QUIVER ABN: [INSERT YOUR ABN]
[INSERT YOUR BUSINESS ADDRESS]
Contact form: quiver.art/pages/contact
Email: hello@quiver.art