Last updated 2025-09-07
Welcome to Earthstonechu.com (the “Site”), operated by the Australian Art Investment Foundation Pty Ltd, (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the Site, including any purchases of prints or other merchandising, browsing the catalogue of artworks, and viewing announcements or news related to the artist Earthstone Chu.
By accessing or using the Site, placing an order, or engaging with any content, you agree to be bound by these terms. If you do not agree, please do not use the Site. We reserve the right to update these terms at any time, and your continued use constitutes acceptance of any changes. We will notify users of material changes via the tite or email.
1. Use of the Site
- Account Registration: To make purchases with discounts or access certain features, you will need to create an account. You agree to provide accurate information and keep your password secure. You are responsible for all activities under your account.
- Acceptable Use: You may use the Site for personal, non-commercial purposes, such as viewing artworks, reading news, and purchasing prints. You agree not to:
- Use the site for any unlawful purpose or in violation of any local, state, national, or international law.
- Interfere with the site’s operation, including hacking, transmitting viruses, or overloading the system.
- Copy, reproduce, or distribute any content without our prior written permission, except for personal use as permitted.
- Post or transmit spam, unsolicited advertising, or harmful content.
- Termination: We may suspend or terminate your access to the Site at any time for any reason, including violation of these Terms.
2. Artworks & Merchandise Catalogues
- Artworks & Merchandise Descriptions: We strive to accurately describe prints, artworks, and other products. However, colors, sizes, and details may vary due to monitor settings or manufacturing variations. The catalogue of artworks is for informational and promotional purposes only and does not constitute an offer for sale unless specified.
- Availability and Pricing: All products are subject to availability. Prices are listed in various currencies and exclude taxes, shipping, and handling unless stated otherwise. We reserve the right to change prices or discontinue products without notice. Errors in pricing or descriptions will not bind us, and we may cancel orders affected by such errors.
- News and Announcements: Content in the news section is provided for informational purposes. We make no warranties about its accuracy or timeliness.
3. Orders and Payment
- Placing Orders: By placing an order, you offer to purchase products under these Terms. We may accept or reject orders at our discretion. Order confirmation emails do not guarantee acceptance; acceptance occurs upon shipment.
- Payment: We accept payments via credit cards and PayPal. You authorize us to charge your payment method for the total amount, including taxes and shipping. All transactions are processed securely through WooCommerce and third-party providers.
- Taxes: You are responsible for any applicable sales, use, or value-added taxes. We may collect taxes based on your shipping location.
- Order Cancellation: You may cancel orders before shipment. We reserve the right to cancel orders for any reason, including unavailability or suspicion of fraud.
4. Shipping and Delivery
- Shipping Policies: We ship to the United States, Canada, Japan, Australia, Taiwan, Hong Kong, the United Kingdoms, France, Portugal, Germany, Spain and Italy. Shipping times are estimates and not guaranteed. Delays may occur due to customs, weather, or carrier issues.
- Risk of Loss: Title and risk of loss pass to you upon delivery to the carrier. We are not responsible for lost, damaged, or delayed shipments once handed over.
- International Shipping: For international orders, you are responsible for customs duties, fees, and compliance with import laws.
5. Returns, Refunds, and Exchanges
- Damaged / Wrong Items: If your print arrives damaged, defective, or incorrect, we replace it at no cost (or refund if replacement is unavailable). Contact us within 48 hours with photos.
- Customer Returns: If you change your mind, you may return within 14 days. Items must be unused, in original packaging, and shipped securely. Return shipping is your responsibility. Original shipping fees are non-refundable. Refunds are issued as store credit or exchange only.
- Exceptions: Custom, personalized, limited-edition, signed, or numbered prints are final sale (non-returnable, unless damaged).
- Color Variations: Slight differences between on-screen colors and printed colors are normal and not considered defects.
- Processing Time: Returns are processed within 14 business days after we receive and inspect the item.
- For more details please review our full Refund Policy.
6. Intellectual Property
- Ownership: All content on the Site, including artworks, images, text, logos, and designs, is owned by us or our licensors (including the artist Earthstone Chu) and protected by copyright, trademark, and other intellectual property laws.
- Limited License: You are granted a limited, non-exclusive license to view and print content for personal use. You may not reproduce, modify, distribute, or use any content commercially without our written permission.
- User-Generated Content: If you submit comments, reviews, or other content, you grant us a perpetual, royalty-free license to use it for any purpose.
7. Privacy
Your privacy is important to us. Please review our Privacy Policy, which is incorporated into these Terms and explains how we collect, use, and protect your information.
8. Disclaimers and Limitation of Liability
- Disclaimers: The Site and its content are provided “as is” without warranties of any kind, express or implied, including accuracy, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted or error-free.
- Limitation of Liability: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Site or products, even if advised of the possibility. Our total liability shall not exceed the amount paid by you for the product in question.
- Indemnification: You agree to indemnify us against any claims arising from your violation of these Terms or misuse of the Site.
9. Miscellaneous
- Force Majeure: We are not liable for delays or failures due to events beyond our control, such as natural disasters or pandemics.
- Severability: If any provision is held invalid, the remainder shall remain in effect.
- Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and us.
By using Earthstonechu.com, you acknowledge that you have read, understood, and agree to these Terms. Thank you for supporting the Earthstone’s work!
For questions, contact us at hello@earthstonechu.com