Terms of Service

1. Description of Daniel Small

Daniel Small is Creator. Founder of <a href="https://piktur.dev">piktur.dev</a>, <a href="https://daniel.kulchu.red">*.kulchu.red</a>. <br />Arts & Technology. AI & Automation consulting services..

2. Intellectual Property

All content on this Website, including text, graphics, logos, images, and software, is the property of Daniel Small or its content suppliers and is protected by Australian and international copyright laws.

You may view and download content for personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content without prior written permission.

Consumer Guarantees

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 compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Major Failures

A major failure occurs when:

• The goods are significantly different from the description, sample, or demonstration model
• The goods are substantially unfit for their common purpose and cannot easily be fixed within a reasonable time
• The goods are unsafe
• The goods have a problem that would have stopped you from buying them if you had known about it

For major failures: You can choose between a refund or replacement. The choice is yours, not ours.

Minor Failures

For minor failures: We will offer free repair within a reasonable time. If repair is not possible or would take too long, we will provide a replacement or refund.

Payment Terms

Payment Processing

All payments are processed securely through Stripe, a PCI-DSS Level 1 certified payment processor. We do not store your complete credit card details on our servers.

Accepted Payment Methods

We accept major credit and debit cards including Visa and Mastercard.

Pricing and Currency

All prices are displayed in the currency indicated at checkout. Prices include applicable taxes unless otherwise stated. Final pricing, including any shipping costs, will be confirmed before payment is processed.

Order Confirmation

Upon successful payment, you will receive an email confirmation to the address provided. This email serves as your receipt and order confirmation.

Payment Disputes

If you believe there has been an error with your payment, please contact us at Support at Daniel Small <support@daniel.kulchu.red> before initiating a dispute with your bank. We are committed to resolving any issues promptly and fairly.

Delivery Terms

Shipping Timeframes

Standard delivery typically takes 5-10 business days from the date of dispatch. Delivery times may vary depending on your location and the shipping method selected at checkout.

Shipping Costs

Shipping costs are calculated at checkout based on your delivery address and the size/weight of your order. You will see the final shipping cost before completing your purchase.

Order Tracking

Once your order has been dispatched, you will receive an email with tracking information. You can use this to monitor your delivery progress.

Delivery Address

Please ensure your delivery address is correct and complete. We are not responsible for delays or failed deliveries due to incorrect address information. If you need to change your delivery address after placing an order, please contact us immediately at Support at Daniel Small <support@daniel.kulchu.red>.

International Shipping

International orders may be subject to customs duties, taxes, and import fees imposed by the destination country. These charges are the responsibility of the recipient and are not included in our shipping costs.

Risk of Loss

Risk of loss and title for items purchased pass to you upon delivery to the carrier. However, we take responsibility for ensuring items are properly packaged and insured where applicable.

Artwork Terms

Copyright and Reproduction Rights

Purchase of artwork transfers ownership of the physical piece only. Copyright and reproduction rights remain with Daniel Small unless explicitly transferred in writing.

You may not reproduce, distribute, or create derivative works from purchased artwork without prior written permission. This includes photographing artwork for commercial purposes or creating prints, merchandise, or digital reproductions.

Authenticity

All original artworks come with a certificate of authenticity signed by Daniel Small. This certificate confirms the work is genuine and provides details of the piece including title, medium, dimensions, and date of creation.

Limited Editions

Limited edition prints are numbered and signed. The edition size is clearly stated in the listing. Once an edition is sold out, no additional prints from that edition will be produced.

Natural Variations

Handmade and original artworks may have natural variations in color, texture, and finish. These variations are inherent to handcrafted work and are not considered defects. Digital photographs may not perfectly represent colors due to monitor calibration differences.

Condition

All artwork is sold as described in the listing. Any known imperfections or condition notes are disclosed in the item description. If you have questions about condition, please contact us before purchase.

Framing

Unless explicitly stated, artwork is sold unframed. If framing is included, details will be provided in the listing. We recommend professional framing with UV-protective glass for preservation.

User Data and Privacy

We collect and store user data as necessary to provide our services. For details on how we handle your data, please refer to our Privacy Policy.

Non-Personal Data Collection

We use web cookies and similar technologies to collect non-personal data for the purpose of improving our services and user experience.

Updates to the Terms

We may update these Terms from time to time. We will notify users of significant changes via email or by posting a notice on our Website.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of AU. You irrevocably submit to the exclusive jurisdiction of the courts in that location.

Dispute Resolution

If a dispute arises, we encourage you to contact us first to seek a resolution. We will make reasonable efforts to resolve any disputes through good faith negotiation.

If we cannot resolve a dispute through negotiation, the dispute may be referred to mediation or other alternative dispute resolution mechanisms before court proceedings are commenced.

Severability

If any provision of these terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Contact Us

If you have any questions about these terms, please contact us:

• Business Name: Daniel Small
• Trading Entity ID: 18724828217
• Email: Support at Daniel Small <support@daniel.kulchu.red>
• Website: https://daniel.kulchu.red/

We aim to respond to all inquiries within 7 business days.