Terms and conditions

Shopify’s privacy policy

1. Shopify - Personal Information consent

TMAG’s online store is hosted on a third party platform. TMAG uses Shopify Inc. to host the online store.

Shopify provide TMAG with the online e-commerce platform that allows TMAG to sell goods to you.

The collection, handling, storage, disclosure and use of your Personal Information will also be subject to Shopify’s privacy policy which can be found here: https://www.shopify.com/legal/privacy .

By using the online store in any manner (including but not limited to visiting and/or purchasing something), you consent to your personal information being shared with Shopify. If you do not consent to the sharing of your personal information with Shopify you must not access or use the online store.

2. TMAG - Personal Information consent

Personal information, which you provide during the order process including your name, address, email address and telephone number will be kept, used and disclosed by TMAG in accordance with TMAG’s Privacy Policy for the purpose of processing and delivering your order. Without this information, TMAG will be unable to provide you with this service. For more information visit TMAG’s Privacy page which can be found here: Personal Information Protection

Payment is made through the following third party providers:

Eway; and
Westpac Pay Way,

and you warrant that prior to placing an order in the Online Store you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by these third party providers.

TMAG may provide third party providers that deliver packages with your email address and/or telephone number only to provide you with up to date delivery tracking of your dispatched order.

Online Store Terms and Conditions

1. Application of these Terms and the Contract

These terms apply to the ordering, purchase and delivery of goods from the Online Store.

TMAG reserves the right in its absolute discretion at any time and without notice to amend, remove or vary the Terms and/or any page of the Online Store. Each time you use the Online Store, you should review and be aware of the current Terms.

When you place an order in the Online Store you agree that you accept these terms and a Contract will be formed between you and TMAG for the purchase and supply of the Goods.

2. Interpretation

The definitions and rules of interpretation for these Terms and the Contract are set out in clauses 16 and 17 respectively.

3. Price and payment

When you place an order for goods, you agree to pay the Price for those Goods plus any applicable Delivery Fee.

All prices are inclusive of GST where applicable.

Any payment for an order must be cleared by TMAG before the Goods are dispatched. If your payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.

4. Delivery Fee

Free standard delivery within Australia on an order with a total purchase price of $100 and over.

A standard delivery fee of $15 applies for delivery within Australia to each order with a total purchase price under $99.99.

For international shipping and/or express post – please email museumshop@tmag.tas.gov.au for a quote.

5. Stock availability

If part of your order cannot be fulfilled immediately, the part that can be fulfilled will be dispatched as soon as possible.

If an item you order is unavailable or becomes unavailable TMAG will:

advise you as soon practicable; and
refund to you the purchase price of the item in

6. Shipping and delivery

TMAG will aim to process your order for dispatch within 3-5 Business Days of you placing the order.

Your order will be shipped via Australia Post. Delivery time will depend on where you are in Australia and in accordance with Australia Post timeframes.

For non-delivery of the Goods, please notify TMAG by email as soon as possible.

TMAG is not responsible for any issues arising from incorrect delivery information, returns or failure to collect from Australia Post.

7. Title and risk

Title in and risk of loss or damage to the Goods passes to you upon dispatch of the Goods.

8. Receipt of the Goods

You must inspect the goods immediately upon their arrival.

TMAG will always package items carefully to avoid damage or breakage. If any of the Goods you receive have been broken in transit or damaged please contact TMAG via email at museumshop@tmag.tas.gov.au within 3 Business Days of the Date of Delivery of the Goods.

If the Goods are not in accordance with the specified requirements you must give notice to TMAG within 3 Business Days of the Date of Delivery of the Goods.

If you do not give such notice, the Goods will be deemed to be in all respects in order and in accordance with the specified requirements.

This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clause 11.

9. Change of mind

TMAG have a 20 Business Day return policy. If 20 Business Days have gone by since the Date of Delivery, TMAG cannot offer you a refund or exchange.

To be eligible for a return, the item must be in a new, unused, re-saleable condition and in the same condition you received it (including any tags affixed, packaging, wrapping etc.).

To complete a return, TMAG require a receipt or proof of purchase.

10. Returns & refunds

The following steps are in place for returns or exchanges:

(a) for change of mind:

(i) email: museumshop@tmag.tas.gov.au quoting the order number, reason for the return, and whether you would like a refund or exchange of product.

(ii) If the sizing is not quite right, we can exchange the item (or provide a refund if that size is sold out).

(iii) Post the item back within 7 Business Days of you contacting TMAG requesting a refund or exchange, in its original condition. Returned items must be received by TMAG in new and re-saleable condition (unused, unworn, unwashed, unsoiled), at your Please complete the form that you received with your original order with the return.

(iv) All returns must be packed securely and appropriately protecting the item, packed to prevent movement inside the package and ensuring the package is firmly

(v) If you are seeking a replacement item or an exchange of item, TMAG will check that everything is in order and TMAG will post the replacement item to you.

(vi) Delivery Fees are non-refundable. If you receive a refund in respect of a returned item, the Delivery Fee will be deducted from your refund.

(b) Goods broken in transit or damaged (following a notice pursuant to clause 12):

(i) email: museumshop@tmag.tas.gov.au quoting the order number, reason for the return, and whether you would like a refund or exchange of You must include in your email, photographs that identify the damage to that item.

(ii) Post the item back within 7 Business Days of you contacting TMAG requesting a refund or exchange. Please complete the form that you received with your original order with the return.

(iii) If you receive a refund in respect of a returned damaged item, any Delivery Fee paid by you will be included in your refund.

(c) For all returns, mail your product to:

Museum Shop, Tasmanian Museum and Art Gallery, 19 Davey Street, Hobart, Tasmania 7000.

(d) Unless otherwise agreed by TMAG, you will be responsible for paying your own shipping costs for returning your item to TMAG.

(e) TMAG will process any refunds within a reasonable time of agreeing to do so.

11. Disclaimer of warranties

To the maximum extent permitted by law (including the Australian Consumer Law):

(a) TMAG disclaim all warranties with regard to the information and applications contained in the Online Store and your use of the Online Store;

b) TMAG, TMAG’s contractors, agents, employees, service providers, licensors, successors and assigns disclaim liability for any damages whatsoever (including special, indirect or consequential) arising out of or in connection with the use, performance, availability or unavailability of the Online Store or products purchased through the Online Store, whether in contract, at common law or in equity, or on any other basis, except to the extent that the damage is directly caused by fraud or wilful misconduct by

(c) If TMAG become liable for any breach of any guarantee, condition or warranty, TMAG’s liability for breach of any guarantee, condition or warranty shall be limited, to the extent permitted by any applicable law, to one or more of the following:

(i) replacement of the Goods or the supply of equivalent goods; repair of the Goods; payment of the cost of replacing the Goods or acquiring goods; or

(ii) payment of the cost of having the Goods

12. Third-party links

The Online Store may contain links to other websites operated, controlled or produced by third parties.

Unless otherwise indicated, TMAG do not control, endorse, sponsor or approve any such third party websites or their content nor do TMAG provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

TMAG are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

13. Intellectual Property

The materials displayed in the Online Store, including all editorial materials, information, photographs, illustration, artwork and other graphic materials, and names, logos and trademarks, are the property of us, and are protected by copyright, trademark and other intellectual property laws.

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured in the Online Store are in no way associated, linked or affiliated with TMAG and you should not rely on the existence of such a connection or affiliation.

TMAG do not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Online Store or in the user interface of the Online Store.

Any such content may be displayed and printed solely for your personal and non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the prior written consent of TMAG.

14. Termination

TMAG may, at TMAG’s discretion, terminate the Contract for convenience at any time, on giving notice to you.

If TMAG terminates the Contract before your order is fulfilled you will receive a refund of any money paid for any Goods not supplied by TMAG.

15. Governing law and jurisdiction

The Contract is governed by the law of Tasmania. The parties submit to the jurisdiction of the courts of Tasmania.

16. Definitions

In these Terms and any related Contract, unless the contrary intention appears:

Business Day means a day that is not a Saturday, a Sunday, Easter Tuesday or a statutory holiday (as defined in the Statutory Holidays Act 2000 (Tas)) generally observed in Hobart Tasmania.

Contract means the agreement between you and TMAG arising pursuant to these Terms.

Date of Delivery means the actual date of delivery of the Goods in accordance with your instructions. Such date will be calculated using the date Australia Post records as the date of delivery in Australia Post’s parcel tracking system.

Delivery Fee means the applicable fee for delivery of Goods.

Goods means those items ordered by you through the Online Store.

GST has the meaning as in the A New Tax System (Goods & Services Tax) Act 1999 (Cth) (as amended).

Online Store means TMAG’s online store.

Personal Information has the meaning given in the Personal Information Protection Act 2004 (Tas).

Price means the purchase price of each Good as specified in the Online Store.

Shopify means Shopify Inc.

Terms means these terms and conditions of sale (as amended or updated by TMAG from time to time).

TMAG means the Board of Trustees of the Tasmanian Museum and Art Gallery continued under section 6 of the Tasmanian Museum and Art Gallery Act 2017 (Tas).

Website means the site available from tmag.com.au.

you and your means you as the purchaser of Goods from TMAG pursuant to these Terms and the Contract.

17. Interpretation

Unless it is expressly stated that a different rule of interpretation will apply

(a) (currency) all currency amounts are in Australian dollars;

(b) (headings) headings are provided for convenience and do not affect the interpretation of the documents making up the Contract;

(d) (corresponding meaning) if a word or phrase is defined its other grammatical forms have corresponding meanings;

(e) (law) a reference to any legislation includes any consolidation, amendment, re- enactment or replacement of legislation;

(f) (construction) no rule of construction will apply to a provision of a document to the disadvantage of a party merely because that party drafted the provision or would otherwise benefit from it;

(g) (severability) if any part of the Contract is invalid, unlawful or unenforceable, the invalid, unlawful or unenforceable part of the Contract will not apply but the other parts of the Contract will not be affected.