Terms of service

OVERVIEW
Welcome to Katie Liz Art! The terms "we", "us" and "our" refer to Katie Liz Art (ABN 20 126 337 418). Katie Liz Art operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Katie Liz Art is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights, consumer guarantees, and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use the Services on devices you own or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS & HANDMADE CHARACTERISTICS
We make every effort to provide an accurate representation of our products in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to your device settings, lighting, and screen configurations.

Original artworks are unique, handcrafted pieces. Intentional variations in colour, texture, brushwork, and finish are inherent characteristics of the artistic process and do not constitute defects.

All descriptions of products and pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time or limit sales quantities on a case-by-case basis. Nothing in this section excludes or restricts any non-excludable rights or guarantees under the Australian Consumer Law.

SECTION 3 - ORDERS AND ACCEPTANCE
When you place an order, you are making an offer to purchase. Katie Liz Art reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Katie Liz Art confirms acceptance or dispatches the item. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided at the time the order was placed.

Purchases are subject to return, exchange, or refund solely in accordance with our Return & Refund Policy and applicable Australian Consumer Law guarantees. Purchases are intended for personal or household use and not for unauthorised commercial resale.

SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, as shown in your order confirmation email. Unless stated otherwise, posted prices are in Australian Dollars (AUD) and exclude shipping and handling costs, which are calculated at checkout.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You represent and warrant that:

  • The payment information you provide is true, correct, and complete.
  • You are authorized to use the designated payment method.
  • Charges incurred by you will be honoured by your financial institution or card issuer.

SECTION 5 - SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, postal services, customs processing, or events beyond our reasonable control. Risk of loss and title for items pass to you upon delivery to the carrier, subject to your rights under the Australian Consumer Law regarding safe transit and delivery guarantees.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all original artwork, imagery, branding, logos, text, graphics, video, and audio, and the design and selection thereof, are owned by Katie Liz Art and protected by Australian and international copyright and intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. Copyright in all artworks remains with the artist, Katie Liz, even after purchase. You must not reproduce, distribute, modify, create derivative works of, publicly display, republicize, or exploit any artwork or content from the Services without explicit prior written consent from Katie Liz Art. 

Shopify's name, logo, and related trademarks belong to Shopify Inc. All rights not expressly granted herein are reserved by Katie Liz Art.

SECTION 7 - OPTIONAL TOOLS & THIRD-PARTY LINKS
We may provide you with access to optional third-party tools or links to third-party websites (including embedded features or payment processors) over which we neither monitor nor have control.

You acknowledge and agree that we provide access to such tools and links "as is" and "as available" without any warranties, representations, or conditions of any kind. We accept no liability arising from or relating to your use of optional third-party tools or third-party websites. Please review the policies and practices of third parties carefully before engaging in any transaction with them.

SECTION 8 - RELATIONSHIP WITH SHOPIFY
Katie Liz Art is hosted on the Shopify ecommerce platform. While Shopify provides the infrastructure that enables us to sell our products to you, any sales transaction is made directly between you and Katie Liz Art. You acknowledge and agree that Shopify is not responsible for the performance, quality, or fulfilment of products purchased through our store, except as required by law. 

SECTION 9 - PRIVACY POLICY
All personal information collected through the Services is governed by our Privacy Policy. Because our store is hosted by Shopify, certain personal data is also processed in accordance with Shopify’s Privacy Policy to fulfill transactions and operate the store securely. By using the Services, you acknowledge the processing of your data as outlined in these policies.

SECTION 10 - FEEDBACK AND SUBMISSIONS
If you submit or send reviews, comments, ideas, suggestions, or other materials to us ("Feedback"), you grant Katie Liz Art a non-exclusive, perpetual, royalty-free, worldwide license to use, reproduce, publish, and display such Feedback for marketing, promotional, or store operational purposes.

We are under no obligation to maintain Feedback in confidence or pay compensation for any Feedback. You agree that your submissions will not violate any third-party rights or contain unlawful, defamatory, or malicious content.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to update information or cancel orders if any information is inaccurate at any time without prior notice (including after an order has been submitted).

SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content:

  • For any unlawful purpose or to solicit others to perform unlawful acts.
  • To violate any international, federal, state, or local regulations, rules, or laws.
  • To infringe upon or violate our intellectual property rights or those of others.
  • To harass, abuse, insult, harm, defame, slander, or discriminate against anyone.
  • To upload viruses, malicious code, or use scraping tools, bots, or automated agents to access or extract data from the site without authorization.
  • To circumvent or breach the security features of the Services.

We reserve the right to terminate or restrict your access to the Services for violating any prohibited uses.

SECTION 13 - AGENTS & AUTOMATED ACCESS
Software or automated agents accessing the Services must identify themselves accurately in HTTP headers and adhere to standard web protocols. Automated scraping, data extraction, or unauthorised interaction with store features, checkout systems, or assets is strictly prohibited.

SECTION 14 - AUSTRALIAN CONSUMER LAW & DISCLAIMER OF WARRANTIES
Nothing in these Terms of Service excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded by contract.

Subject to your rights under non-excludable consumer guarantees, the Services and all products delivered to you are provided "as is" and "as available" for your use, without any express or implied warranties of merchantability, fitness for a particular purpose, or durability, other than those expressly stated by Katie Liz Art or required by law.

SECTION 15 - LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, including the Australian Consumer Law, Katie Liz Art, its proprietor, contractors, service providers, and licensors shall not be liable for any indirect, incidental, punitive, special, or consequential damages, including loss of profits, revenue, or data, arising from your use of the Services or products purchased.

Where a consumer guarantee applies under Australian Consumer Law and cannot be excluded, but liability can be limited, Katie Liz Art’s liability is limited (at our election) to the replacement of the goods, supply of equivalent goods, repair of the goods, or payment of the cost of replacing or repairing the goods.

SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Katie Liz Art, its proprietor, and service providers from any claims, liabilities, damages, or costs (including legal fees) arising out of your breach of these Terms of Service, your violation of any law, or your infringement of any third-party rights.

SECTION 17 - SEVERABILITY & WAIVER
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these Terms without affecting the validity of remaining provisions. Our failure to enforce any right or provision shall not constitute a waiver of such right.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements for Services shall be governed by and construed in accordance with the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts operating in Queensland and the Commonwealth of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Continued use of our website following any changes constitutes acceptance of those updates.

SECTION 20 - CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to us at katieliz_art@outlook.com.

Katie Liz Art
Email: katieliz_art@outlook.com
ABN: 20 126 337 418
Location: Melbourne, VIC, Australia