Terms of service
General Terms & Conditions
Angela Hawkey Art Website and Order Terms & Conditions
1. AGREEMENT
1.1. These Terms and Conditions apply to you, the Website user, and your use of the Angela Hawkey Art website, including the purchase of original artworks, fine art prints and other products through the Website.
1.2. By browsing the Website or placing an Order, you agree to these Terms and Conditions, together with our Returns Policy, Shipping Policy and Privacy Policy.
2. INTERPRETATION
In these Terms and Conditions:
“Agreement” means these Terms and Conditions and the terms applying to any Order placed through the Website.
“Customer” means the person or legal entity purchasing Products through Angela Hawkey Art.
“Goods” or “Products” means original artworks, fine art prints and any other products offered for sale through the Website.
“Made to Order” means a Product that is produced specifically after an Order has been placed, including fine art prints.
“Original Artwork” means an original artwork created by Angela Hawkey and offered for sale through the Website.
“Website” means the Angela Hawkey Art website at angelahawkey.com.
3. SITE USE
3.1. The Website may contain links to third-party websites. These are provided for convenience only. Angela Hawkey Art is not responsible for the content, availability or privacy practices of third-party websites.
3.2. You must ensure that your access to and use of the Website complies with applicable laws.
3.3. You are responsible for taking reasonable precautions to protect your device and systems when accessing websites and online services.
4. PRICING
4.1. Prices displayed on the Website are in Australian Dollars (AUD) unless another currency is displayed or selected.
4.2. International customers may be able to view prices in their local currency where supported by the Website.
4.3. Prices may change without notice. Once an Order has been confirmed, subsequent price changes will not apply retrospectively to that Order.
4.4. Promotional and discount codes are subject to the conditions of the relevant promotion and generally cannot be combined unless otherwise stated.
4.5. Angela Hawkey Art offers free shipping on most orders. In rare circumstances, exceptionally large or bulky artworks or delivery to certain remote locations may incur an additional shipping charge. Where an additional charge is required, the Customer will be contacted before the Order is dispatched.
4.6. Angela Hawkey Art reserves the right to refuse or cancel an Order where reasonably necessary, subject to Australian Consumer Law.
5. PRODUCT SPECIFICATIONS & COLOURS
5.1. Angela Hawkey Art takes reasonable care to ensure Product descriptions, dimensions, photographs and specifications are accurate.
5.2. Dimensions and measurements are approximate unless otherwise specified.
5.3. Every effort is made to photograph artworks accurately. However, colours, tones and saturation may appear slightly different depending on photography, lighting, screen settings, monitor calibration and the device used to view the Website.
5.4. Original artworks are individually hand-painted. Small variations and characteristics resulting from the artistic process form part of the unique nature of an original artwork and are not considered faults.
5.5. Fine art prints are reproductions of original artworks. Many original Angela Hawkey artworks are created using palette knives and layers of oil paint. While prints reproduce the visual appearance, shadows and highlights of this texture, the prints themselves are not physically textured unless specifically stated otherwise.
5.6. Minor variations may occur in printed products, materials and finishing and are not necessarily considered faults.
6. ORDERS
6.1. By completing checkout, you make an offer to purchase the Products selected in accordance with these Terms and Conditions.
6.2. An Order is considered accepted once an Order confirmation has been sent to your nominated email address.
6.3. Customers are responsible for ensuring that their contact information, delivery address and other Order information are correct.
6.4. Angela Hawkey Art may contact you if further information is required to process or deliver your Order.
6.5. An Order may be cancelled before dispatch if a Product is unavailable, an obvious pricing or listing error has occurred, payment cannot be verified or the Order cannot reasonably be fulfilled.
6.6. If Angela Hawkey Art cancels an Order that has already been paid for, the applicable payment will be refunded.
7. PAYMENT
7.1. Available payment methods are displayed at checkout and may change from time to time.
7.2. Payment is generally processed when the Order is confirmed.
7.3. Additional information may be requested where a payment requires verification or is identified as potentially fraudulent.
8. SHIPPING & DELIVERY
8.1. Shipping and delivery are provided in accordance with the Angela Hawkey Art Shipping Policy.
8.2. Original artworks are generally dispatched and delivered within approximately 1–14 days, depending on the artwork, destination and delivery method.
8.3. Fine art prints are made to order and generally require approximately 3–4 weeks for production and delivery.
8.4. Delivery timeframes are estimates and may vary due to production requirements, destination, courier delays and circumstances outside the reasonable control of Angela Hawkey Art.
8.5. Original artworks are currently available for delivery within Australia.
8.6. Selected fine art prints may be available internationally, including to customers in New Zealand, the United Kingdom and the United States. International prints may be produced and dispatched by a printing partner located closer to the Customer.
8.7. Tracking information will be provided where available.
8.8. Customers are responsible for providing an accurate and complete delivery address.
8.9. If an artwork or print arrives damaged, defective or incorrect, please contact Angela Hawkey Art promptly and provide photographs of the Product and packaging where requested so that the issue can be assessed.
9. RETURNS, EXCHANGES & REFUNDS
9.1. Returns and refunds are provided in accordance with the Angela Hawkey Art Returns Policy and Australian Consumer Law.
Original Artworks
9.2. Original artworks purchased within Australia may be returned for change of mind within 7 days of delivery.
9.3. The artwork must be returned in its original packaging and in its original, undamaged and resaleable condition.
9.4. Unless the Product is faulty, damaged or incorrectly supplied, the Customer is responsible for the cost and safe return of the artwork.
Fine Art Prints
9.5. Fine art prints are made to order specifically for each Customer. For this reason, prints cannot be returned or refunded for change of mind once production has commenced.
9.6. If you wish to cancel a print Order, please contact Angela Hawkey Art as soon as possible. Cancellation and refund may be possible if production has not yet commenced.
9.7. International made-to-order prints are also non-refundable for change of mind.
Damaged, Faulty or Incorrect Products
9.8. If your Product arrives damaged, defective or incorrect, please contact Angela Hawkey Art promptly so the issue can be assessed and an appropriate remedy arranged.
9.9. Nothing in this Returns Policy or these Terms and Conditions excludes or limits any rights available to you under Australian Consumer Law.
9.10. Where a refund is approved, it will generally be returned to the original payment method within approximately 10 business days of approval.
10. AUSTRALIAN CONSUMER LAW
10.1. Our goods come with guarantees that cannot be excluded under Australian Consumer Law.
You may be entitled to a replacement or refund for a major failure and compensation for other reasonably foreseeable loss or damage. You may also be entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
10.2. Subject to Australian Consumer Law, Angela Hawkey Art is not responsible for damage resulting from normal wear and tear, misuse, accidental damage, inappropriate hanging or storage, prolonged exposure to direct sunlight, excessive moisture or humidity, or alteration of the Product after purchase.
11. SALES & DISCOUNT CODES
11.1. Unless otherwise stated, promotional offers and discount codes cannot be combined.
11.2. Promotional codes are subject to the specific terms of the promotion.
11.3. These Website and Order Terms and Conditions continue to apply during promotional and sale periods.
11.4. Only one discount code may be applied per Order unless otherwise stated.
11.5. Certain Products may be excluded from promotions where stated in the promotional conditions.
12. INTELLECTUAL PROPERTY & COPYRIGHT
12.1. Unless otherwise stated, all original artworks, artwork images, photographs, designs, text, graphics and other creative material displayed on the Angela Hawkey Art Website are owned by or licensed to Angela Hawkey Art and are protected by applicable intellectual property laws.
12.2. Purchasing an original artwork or fine art print does not transfer copyright or reproduction rights in the artwork to the purchaser.
12.3. Artwork and Website Material may not be copied, reproduced, adapted, modified, distributed, published, sold, licensed or used commercially without prior written permission.
12.4. Images of Angela Hawkey artworks may not be reproduced as prints, merchandise, digital products or other commercial products without express written permission.
13. LIABILITY
13.1. To the extent permitted by law, Angela Hawkey Art will not be liable for indirect or consequential loss arising from the use of the Website or Products.
13.2. Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, right or remedy available under Australian Consumer Law that cannot legally be excluded, restricted or modified.
14. PRIVACY
14.1. Personal information collected through the Website is handled in accordance with the Angela Hawkey Art Privacy Policy.
14.2. Personal information may be collected where reasonably necessary to process and deliver Orders, communicate with Customers, provide customer service, operate and improve the Website and services, and provide marketing communications where consent has been given or where otherwise permitted by law.
14.3. Personal information may also be provided to service providers where reasonably necessary to process payments, produce Products, deliver Orders or operate the Website.
14.4. Angela Hawkey Art takes reasonable steps to protect personal information and handles personal information in accordance with applicable Australian privacy requirements and the Privacy Policy.
15. GENERAL
15.1. Angela Hawkey Art may update these Terms and Conditions from time to time. The Terms applying to an Order will generally be those in effect at the time the Order was placed.
15.2. If any provision of these Terms is found to be invalid or unenforceable, that provision may be severed without affecting the remaining provisions.
15.3. A failure or delay by Angela Hawkey Art to exercise a right under these Terms does not constitute a waiver of that right.
15.4. These Terms and Conditions are governed by the laws of Queensland, Australia.
CONTACT
For questions regarding an Order, return, delivery or these Terms and Conditions, please contact Angela Hawkey Art through the Contact page on the Website.