Terms of service
TERMS OF SERVICE
CERTIFICATE OF AUTHENTICITY
All Original Artworks and Art Prints purchased from Art by Kylie Daniel come with a Certificate of Authenticity validating the artwork as the work of artist Kylie Daniel.
COPYRIGHT & REPRODUCTION RIGHTS
All copyright and reproduction rights are retained by the artist, Kylie Daniel.
Purchase of an Original Artwork or Art Print does not transfer copyright or reproduction rights to the purchaser.
Artwork may not be copied, reproduced, published, commercially used, digitally reproduced or reproduced wholly or in part by any process without the express written permission of the artist.
PURCHASE & PAYMENT
By placing an order with Art by Kylie Daniel, the customer agrees to purchase the artwork for the listed price unless an alternative price has been expressly agreed to by the artist.
Full payment must be received before any artwork is shipped, delivered or collected, unless otherwise expressly agreed in writing by Art by Kylie Daniel.
Unless an alternative payment arrangement has been expressly approved by Art by Kylie Daniel, payment in full is required at the time of purchase.
COMMISSIONS
Where Art by Kylie Daniel agrees to undertake a commissioned artwork, a 30% deposit is required before work commences, with the remaining balance payable upon completion of the artwork and prior to delivery or collection.
Progress photographs will be provided approximately halfway through the commission process. The customer is entitled to one reasonable colour adjustment at this stage.
If a commission is cancelled or abandoned by the customer after work has commenced, or the customer fails to respond to reasonable attempts by the artist to make contact within a reasonable timeframe, Art by Kylie Daniel reserves the right to terminate the commission.
The 30% commission deposit is non-refundable to the extent permitted by law and is intended to compensate the artist for studio time reserved, work undertaken, materials and other reasonable costs associated with the commission.
AFTERPAY PURCHASES
For purchases made using Afterpay, artwork will be shipped, delivered or made available for collection once Art by Kylie Daniel has received full payment from Afterpay.
This will usually occur within approximately 7 days.
ORIGINAL ARTWORK RESERVATIONS & PAYMENT ARRANGEMENTS
Payment arrangements for Original Artworks are not generally offered and are available only where expressly agreed between the customer and Art by Kylie Daniel.
Where Art by Kylie Daniel agrees to reserve an Original Artwork for a purchaser under an approved payment arrangement, the purchaser agrees to make all payments in the amounts and by the dates agreed at the commencement of the arrangement.
Unless otherwise agreed in writing, the artwork remains the property of Art by Kylie Daniel and will not be released, delivered or collected until payment has been received in full.
Reservation of Artwork
Once an initial payment has been received under an approved payment arrangement, the artwork may be marked as sold or reserved and withdrawn from general sale, exhibitions, art fairs, gallery opportunities, promotional sales opportunities and offers from other prospective purchasers.
The purchaser acknowledges that reserving an Original Artwork may result in Art by Kylie Daniel declining or foregoing genuine opportunities to exhibit or sell that artwork to another purchaser.
Payment Obligations
The purchaser is responsible for ensuring each agreed payment is made in the amount and by the due date agreed at the commencement of the payment arrangement.
If a payment becomes overdue, Art by Kylie Daniel may issue payment reminders and attempt to contact the purchaser using the contact details supplied at the time of purchase.
If an outstanding payment remains unpaid for 14 days after its agreed due date and the purchaser has not made an alternative arrangement acceptable to Art by Kylie Daniel, the payment arrangement will be considered in default.
Failure to Pay or Respond
Where a payment arrangement is in default, Art by Kylie Daniel may issue a final written notice requiring the purchaser to remedy the default within 7 days.
If payment is not received, or satisfactory alternative arrangements are not made, within that period, Art by Kylie Daniel may terminate the sale and reservation where permitted by law.
Upon termination, the artwork will cease to be reserved for the purchaser and may be returned to available stock, exhibited, promoted and/or offered for sale to another purchaser.
Amounts Already Paid
Where a sale or reservation is terminated because of the purchaser's failure to make an agreed payment or otherwise complete the purchase, Art by Kylie Daniel reserves all rights available under applicable law in relation to amounts already paid and any reasonable costs or losses arising from the purchaser's breach of the agreement.
This may include reasonable costs or losses associated with reserving the artwork and withdrawing it from genuine sales, exhibition, gallery or art fair opportunities, to the extent recoverable under applicable law.
Any refund payable, termination charge or amount that may lawfully be retained will be determined in accordance with the applicable agreement and Australian law.
Lay-by Arrangements
Where an approved payment arrangement constitutes a lay-by agreement under the Australian Consumer Law, the statutory requirements applying to lay-by agreements will apply and prevail over any inconsistent provision contained in these Terms of Service.
Any termination charge applying to a lay-by agreement will not exceed the amount permitted under the Australian Consumer Law.
LICENSING AGREEMENTS
For licensing enquiries or agreements, please contact Kylie Daniel directly at kyliedanielart@gmail.com to discuss further.
No copyright or reproduction rights are transferred unless expressly agreed in writing by Art by Kylie Daniel.
CUSTOMISED FRAMED PRINTS
Art by Kylie Daniel offers customised framed prints, which may be requested through the Commission contact page.
Customised framed prints are produced specifically to order.
Production of a customised framed print will not commence until payment for the print has been received in full.
Delivery and completion times are subject to current timber and framing stock availability and production timeframes set by the framing company.
Any timeframe provided for a customised framed print is an estimate and may be affected by circumstances outside the reasonable control of Art by Kylie Daniel, including framing stock and supplier availability.
SHIPPING & DELIVERY
A standard freight charge of $200 applies to any artwork or print over 100cm in size.
This freight charge applies to standard delivery locations within Australia. Additional freight charges may apply to remote or regional locations, unusually large or oversized artworks, or where specialist freight or delivery services are required.
Where additional freight charges are required, the customer will be advised prior to shipment.
All artworks and prints will be appropriately packaged for transport and, where applicable, tracking details will be provided once the order has been dispatched.
UNSTRETCHED CANVAS & PAPER PRINTS
Unstretched canvas prints and paper prints under 100cm will be safely packaged in a protective tube and shipped through Australia Post, with tracking details provided where available.
Unstretched canvas prints and paper prints over 100cm will be safely packaged in a protective tube and shipped using a reputable courier, with tracking details provided where available.
Unstretched canvas prints and paper prints are custom printed to order and cannot be returned solely because of a change of mind.
This does not exclude or limit any rights or remedies available to the customer under the Australian Consumer Law where an item is faulty, damaged, incorrectly supplied or otherwise fails to meet an applicable consumer guarantee.
AUSTRALIAN CONSUMER LAW
Nothing in these Terms of Service is intended to exclude, restrict or modify any consumer guarantee, right or remedy available under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
Where any provision of these Terms of Service is inconsistent with a right or obligation that cannot lawfully be excluded or modified, the applicable law will prevail.
