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Terms and Conditions

1. About the Website

  1. Welcome to www.exanimoeditions.com (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).

  2. The Website is operated by Ex Animo Art (ABN 27 642 199 568). Access to and use of the Website, or any of its associated Products or Services, is provided by Ex Animo Art. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

  3. Ex Animo Art reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Ex Animo Art updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

  1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Ex Animo Art in the user interface.

3. Registration to use the Purchase Services

  1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

    1. Email address

    2. Mailing address

    3. Telephone number

  2. You warrant that any information you give to Ex Animo Art in the course of completing the registration process will always be accurate, correct and up to date.

  3. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

  4. You may not use the Purchase Services and may not accept the Terms if:

    1. you are not of legal age to form a binding contract with Ex Animo Art; or

    2. you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

  1. As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

    1. the Terms;

    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

    3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

    4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Ex Animo Art of any unauthorised use of your password or email address or any breach of security of which you have become aware;

    5. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Ex Animo Art providing the Purchase Services;

    6. you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

    7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Ex Animo Art for any illegal or unauthorised use of the Website; and

    8. you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

  1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).

  2. Payment of the Purchase Price may be made through escrow, paypal, bank transfer, art money or in-store (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that 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 the Payment Gateway Providers.

  3. Following payment of the Purchase Price being confirmed by Ex Animo Art`, you will be issued with a receipt to confirm that the payment has been received and Ex Animo Art may record your purchase details for future use.

  4. Ex Animo Art may, at their sole discretion, provide a refund on the return of the Products within 14 days days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

6. Warranty

  1. Ex Animo Art’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).

  2. You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 14 days from the date of purchase (the ‘Warranty Period’).

  3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Ex Animo Art showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to contact@exanimoart.com.

  4. Where the Warranty Claim is accepted then Ex Animo Art will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

  5. The Warranty shall be the sole and exclusive warranty granted by Ex Animo Art and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

  6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

  7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

7. Delivery

  1. You acknowledge that the Purchase Services offered by Ex Animo Art integrate delivery (the ‘ Delivery Services’) through the use of third party delivery companies (the ‘ Delivery Service Providers’).

  2. In providing the Purchase Services, Ex Animo Art may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Ex Animo Art is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

  3. In the event that an item is lost or damaged in the course of the Delivery Services, Ex Animo Art asks that you:

    1. contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

    2. contact us by sending an email to contact@exanimoart.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

8. Copyright and Intellectual Property

  1. The Website, the Purchase Services and all of the related products of Ex Animo Art are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Ex Animo Art or its contributors.

  2. Ex Animo Art retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

    1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Ex Animo Art; or

    2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

    3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

  3. You may not, without the prior written permission of Ex Animo Art and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9. Privacy

  1. Ex Animo Art takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Ex Animo Art’s Privacy Policy, which is available on the Website.

10. General Disclaimer

  1. You acknowledge that Ex Animo Art does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

  2. Ex Animo Art will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

  3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

  4. Subject to this clause, and to the extent permitted by law:

    1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

    2. Ex Animo Art will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

  5. Use of the Website, the Purchase Services, and any of the products of Ex Animo Art (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Ex Animo Art, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Ex Animo Art including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Ex Animo Art) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

    1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

    2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

    3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

    4. the Content or operation in respect to links which are provided for the User’s convenience;

    5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

    6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

  1. Ex Animo Art’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Ex Animo Art is the resupply of information or Purchase Services to you.

  2. You expressly understand and agree that Ex Animo Art, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

  3. Ex Animo Art is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Ex Animo Art, by third parties or by any of the Purchase Services offered by Ex Animo Art.

  4. You acknowledge that Ex Animo Art does not provide the Delivery Services to you and you agree that Ex Animo Art will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

12. Termination of Contract

  1. The Terms will continue to apply until terminated by either you or by Ex Animo Art as set out below.

  2. If you want to terminate the Terms, you may do so by:

    1. notifying Ex Animo Art at any time; and

    2. closing your accounts for all of the Purchase Services which you use, where Ex Animo Art has made this option available to you.

  3. Your notice should be sent, in writing, to Ex Animo Art via the ‘Contact Us’ link on our homepage.

  4. Ex Animo Art may at any time, terminate the Terms with you if:

    1. you have breached any provision of the Terms or intend to breach any provision;

    2. Ex Animo Art is required to do so by law;

    3. the partner with whom Ex Animo Art offered the Purchase Services to you has terminated its relationship with Ex Animo Art or ceased to offer the Purchase Services to you;

    4. Ex Animo Art is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

    5. the provision of the Purchase Services to you by Ex Animo Art is, in the opinion of Ex Animo Art, no longer commercially viable.

  5. Subject to local applicable laws, Ex Animo Art reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Ex Animo Art ‘s name or reputation or violates the rights of those of another party.

  6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Ex Animo Art have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Indemnity

  1. You agree to indemnify Ex Animo Art, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

    1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

    2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

    3. any breach of the Terms.

14. Dispute Resolution

  1. Compulsory:
    If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

  2. Notice:
    A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

  3. Resolution:
    On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

    1. Within 14 days days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

    2. If for any reason whatsoever, 14 days days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Art Law Australia or his or her nominee;

    3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

    4. The mediation will be held in Adelaide, Australia.

  4. Confidential:
    All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent Approved by possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

  5. Termination of Mediation:
    If 45 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. Venue and Jurisdiction

  1. The Purchase Services offered by Ex Animo Art is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.

16. Governing Law

  1. The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17. Independent Legal Advice

  1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance

  1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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REFUND & RETURNS POLICY

This Refund Policy (“Policy”) applies to the following purchases: Gallery and Online Sales

1. General

    1. We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Refund Policy (“Policy”).

    2. Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.

    3. Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.

2. Australian Consumer Law

    1. Under the Australian Consumer Law:

      1. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled

        1. to cancel your service contract with us; and

        2. to a refund for the unused portion, or to compensation for its reduced value.

      2. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

    2. We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.

    3. The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.

    4. If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.

    5. Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.

    6. If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.

    7. If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.

3. Cancellation and Change of Mind

    1. We do not offer any refund if you change your mind, or find the same product or service cheaper elsewhere.

4. Products Damaged During Delivery

    1. In the event that the product you ordered has been damaged during delivery:

      1. Please contact us as soon as possible.

      2. Any damaged product must be returned in the condition in which it was received, together with any packaging and other items which you received with the damaged product.

    2. We will arrange to repair or collect the damaged product and replace it with an equivalent product, or to refund it, provided that you have contacted us within 5 days from the date of receiving the product.

5. Exceptions

    1. Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service purchased by you if:

      1. You misused the said product in a way which caused the problem.

      2. You knew or were made aware of the problem(s) with the product or service before you purchased it.

      3. You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.

      4. Any other exceptions that apply under the Australian Consumer Law.

6. Shipping Costs for Returns

    1. In the event that a product you have purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law, we shall bear any cost of shipping the said product (the “Returned Product”) back to us, as well as any cost of shipping any replacement product to you.

    2. If the Returned Product can easily be shipped or returned, then you are responsible for organising for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.

    3. If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost.

    4. In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.

7. Response Time

    1. We aim to process any requests for repairs, replacements or refunds within 5 days of receipt.

8. How to Return Products

    1. You can contact us at the end of this Policy to discuss a return using the information.

    2. Unless otherwise defined in our sole discretion, we shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase.

    3. To be eligible for a refund, repair or replacement, you must provide proof of purchase.

    4. You may be required to provide a government issued identification to qualify for a refund, repair or replacement.

9. Contact Us

    1. If you wish to speak to us about this Policy or about any refund, repairs or replacements, please contact us at: contact@exanimoart.com.

SHIPPING POLICY

Thank you for visiting and shopping at Ex Animo Art | Editions. The following information sets out the terms and conditions that constitute our Shipping Policy.

1. Processing your Order

An email confirmation is sent to your e-mail address after placing your order. Please keep this e-mail as proof of your purchase.

2. Shipment Processing Time

Processing time refers to the time it takes for us to prepare your order for shipping.

After your payment is authorised and verified, all orders are processed within 1-3 days. We       will contact you for some reason if there are any delays.

3. Shipment Locations

3.1. Domestic and International

Ex Animo Art | Editions ships domestically as well as internationally. If you have a question about domestic or international deliveries, please contact us at contact@exanimoart.com.

4. Shipment rates and delivery estimates

We endeavor to get your order to you as soon as possible. Once your order is placed, an estimated delivery time will be provided to you. Delivery times are estimates and commence from the date of shipment, rather than the date of order. Delivery times are to be used as a guide only and are subject to the acceptance and approval of your order. Estimated arrival dates are not guaranteed. Weather delays and other unforeseen circumstances may impact deliver time. Unless there are exceptional circumstances, we make every effort to fulfil your order.

(a)Express Shipping

The order will arrive within 4-12 business days.

(b)Standard Shipping

The order will arrive within 7-21 business days.

Note: Subject to placing your order before specific cut-off times.

4.1. Please note:

    1. Orders are not shipped or delivered on weekends or holidays.

    2. Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered.

    3. Products may be delivered in separate shipments.

    4. We will not be responsible for wrong shipping address if you provide incorrect information.

    5. In-store pickup dates vary based on product availability.

5. Tracking Options

Ex Animo Art | Editions aims to provide visibility and transparency throughout the shipment process. Once your order is confirmed and shipped, you will receive a link to track your package.

5.1 Domestic and International

All orders delivered within Australia automatically have tracking.

International orders are sent with DHL. This service comes with tracking and your tracking number will be sent to you once it has been posted. If we are requested to make alternative shipping arrangements we cannot guarantee tracking and will not be responsible for the delivery of orders sent internationally.

6. International Customs, Duties and Taxes

All orders shipping to a destination outside of Australia are subject to the import duties, fees, and taxes of the destination country. Delays in delivery may occur if your package is randomly selected by your country’s Customs Department. Ex Animo Art | Editions is not responsible for any possible customs and taxes applied to your order. We have no control over the process or additional charges associated with the delivery and importation of your order (package) into your country. We do not benefit in anyway from these chargers and we work very closely with our brokers and carriers to ensure as few delays as possible. All fees imposed during or after shipping are the responsibility of the customer. You agree that you are responsible for any duty, taxes, and custom requirements or other like taxes, fees, levies, costs or expenses associated with importing products you purchase from us and shipping them internationally.

7. Damages

If there is any damage to the packaging on delivery, contact us immediately at contact@exanimoart.com.

8. Missing or Lost Package

There are several reasons why a package gets lost or becomes a deliver exception. We’ve found that, more often that not, the package is either in the building or with a neighbour. Ex Animo Art | Editions politely requests that customers look in common courier hiding spots. Please take a look around and let us know if you find it. If you haven’t located your order, please contact us at contact@exanimoart.com to report missing or lost packages.

9. Questions

If you have any questions about the delivery and shipment of your order, please contact us at contact@exanimoart.com.