Terms of service
TERMS OF SERVICE
Overview
Welcome to Tracy Keith Art.
The terms “we”, “us” and “our” refer to Tracy Keith Art. Tracy Keith Art operates this website and online store, including its information, content, features, products and services (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with our Privacy Policy, Shipping Policy and Returns & Refunds Policy, apply when you access our website, use our Services or purchase an artwork, limited edition, publication or other product from Tracy Keith Art.
By accessing the website, using the Services or placing an order, you agree to these Terms.
Nothing in these Terms excludes, restricts or modifies 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.
1. Access and Account Information
You must be at least the age of majority in your place of residence to make a purchase through the store.
When placing an order or using certain Services, you may be required to provide information including your name, email address, telephone number, billing information, payment information and delivery address.
You agree that information supplied by you is accurate, current and complete and that you are authorised to provide it.
You are responsible for maintaining the security of any account credentials associated with the store.
2. Original Artworks and Products
Tracy Keith Art offers original artworks, limited editions, publications and other artist-related products.
Unless expressly identified otherwise, an artwork described as an original artwork is a unique, one-of-one work.
Individual product pages provide available information including title, year, dimensions, medium, edition and other relevant details.
Original artworks are made by hand and may contain characteristics inherent to the artist's materials, techniques and processes. These characteristics form part of the individual nature of the work and are not necessarily defects.
We take reasonable care to photograph and describe artworks accurately. Colour, texture, scale and appearance may vary between the physical artwork and its digital representation due to photography, lighting, screen calibration and individual device settings.
Nothing in this section limits your rights under Australian Consumer Law.
3. Artwork Care
Works on paper and other artist materials should be handled, displayed, framed and stored appropriately.
Exposure to excessive moisture, direct sunlight, extreme temperatures, unsuitable framing or inappropriate storage conditions may affect materials over time.
Care information may be provided with individual artworks where appropriate.
Nothing in this section excludes or limits rights available under Australian Consumer Law in relation to the condition or quality of an artwork at the time of supply.
4. Limited Editions
Where an artwork is identified as a limited edition, the edition size will be stated on the relevant product page or accompanying documentation.
The stated edition will not be increased after completion.
Any artist proofs or other proofs, where produced, will be separately identified.
Limited-edition works may be signed and numbered by the artist and may be accompanied by a Certificate of Authenticity.
Purchase of a limited edition transfers ownership of the physical edition only and does not transfer copyright or reproduction rights.
5. Artwork Availability and Orders
Original artworks are unique and availability is subject to confirmation.
An artwork may occasionally be available through the studio, an exhibition, gallery or another authorised sales channel at the same time it appears online.
When you place an order, you are making an offer to purchase. An order is accepted once payment has been successfully processed and Tracy Keith Art confirms acceptance.
In the unlikely event that an original artwork has already been sold or is otherwise unavailable when an order is placed, we will contact you and refund any payment received for that artwork.
Please review your order carefully before submitting it. Once an order has been accepted, we may be unable to accommodate cancellation or amendment requests, subject always to rights available under applicable law.
6. Prices and Payment
All prices are displayed in Australian Dollars (AUD) unless otherwise stated.
The price applicable to an order is the price displayed at the time the order is placed, subject to correction of genuine errors in accordance with applicable law.
Payment must be received and the order accepted before an artwork or product is dispatched.
Shipping, specialist art transport, insurance or other delivery costs may be charged separately where identified on the product page or during checkout.
International purchasers are responsible for customs duties, import taxes and other charges imposed by the destination country unless expressly stated otherwise.
Tracy Keith Art may update prices for artworks and products that are not subject to an already accepted order.
7. Shipping and Delivery
Every artwork is carefully prepared for shipment according to its size, medium and destination.
Original works are securely packaged using appropriate protective materials and dispatched using tracked courier or specialist art transport where required.
Orders are generally dispatched within 5–10 business days following confirmation of payment. Some artworks may require additional preparation or specialist transport, in which case the purchaser will be advised.
Delivery times are estimates and may vary according to destination, courier service, customs processing and circumstances outside our reasonable control.
Tracking information will be provided where available.
If an artwork arrives damaged, please retain the artwork and packaging and contact Tracy Keith Art as soon as possible. Photographs of the artwork and packaging may be requested to assist with assessing the damage and any claim with the courier or insurer.
Nothing in this section limits rights or remedies available under Australian Consumer Law.
8. Ownership and Copyright
Purchase of an original artwork, limited edition or other artistic work transfers ownership of the physical work only.
Copyright and all other intellectual property rights in the artwork remain with Tracy Keith unless expressly assigned by Tracy Keith in writing.
Purchase of an artwork does not grant the purchaser any right to reproduce, publish, distribute, licence, commercially photograph, digitise, manufacture products from, create commercial adaptations or derivative works from, or otherwise commercially exploit the artwork without prior written permission.
Reasonable photography of a purchased artwork for private, personal and non-commercial purposes is permitted.
Copyright remains with Tracy Keith following any subsequent sale, gift or transfer of the physical artwork.
Nothing in these Terms prevents the lawful ownership, display, gift or resale of the physical artwork.
9. Artwork Images and Digital Use
Artwork images displayed through Tracy Keith Art remain protected by copyright and other applicable intellectual property rights.
Artwork images may not be reproduced, downloaded for commercial use, published, distributed, altered, licensed, sold or incorporated into commercial products without prior written permission.
Artwork images and other protected content must not be systematically scraped, extracted, copied or reproduced for the purpose of developing, training, fine-tuning or supplying datasets for artificial intelligence or machine-learning systems without prior written permission, except to the extent that such restriction is prohibited by applicable law.
No permission is granted through access to this website to create commercial reproductions, digital products or derivative commercial works based on Tracy Keith artworks.
10. Website Intellectual Property
Unless otherwise stated, content on the Tracy Keith Art website including artwork images, photography, text, graphics, branding, logos, video, audio and website design is owned by or licensed to Tracy Keith Art and protected by applicable intellectual property laws.
Website content may not be reproduced, distributed, modified, republished or commercially exploited without prior written permission except where permitted by law.
All rights not expressly granted are reserved.
11. Certificates, Authenticity and Provenance
Original artworks may be accompanied by a Certificate of Provenance containing identifying information and relevant details about the work.
Limited-edition artworks may be accompanied by a Certificate of Authenticity recording the artist, artwork, edition and relevant production information.
Certificates and provenance documentation form part of the historical record of the artwork and should be retained by the collector.
Certificates do not transfer copyright or reproduction rights.
Certificates of Provenance and Certificates of Authenticity must not be altered, reproduced for another artwork or used to misrepresent the authorship, provenance, edition or authenticity of any work.
If an artwork is subsequently gifted, transferred or resold, collectors may contact Tracy Keith Art to update the studio provenance record.
12. Resale and Transfer of Artwork
Nothing in these Terms prevents the lawful subsequent sale, gift or transfer of ownership of a physical artwork.
A subsequent transfer of the physical artwork does not transfer copyright or reproduction rights.
Collectors are encouraged to transfer the original Certificate of Provenance or Certificate of Authenticity and relevant documentation with the artwork so its provenance record can be maintained.
Where applicable, resale of an artwork may be subject to statutory artist resale royalty rights under Australian law or the laws of another jurisdiction.
13. Returns and Refunds
Tracy Keith Art does not offer returns or refunds solely for change of mind.
Before purchasing an original artwork, collectors are welcome to contact the studio for additional photographs, dimensions, material information or other details that may assist with their decision.
If an artwork or product arrives damaged, faulty, incorrectly supplied or otherwise fails to meet an applicable consumer guarantee, please contact Tracy Keith Art as soon as possible.
For damage occurring during transit, we ask that you contact the studio within 48 hours where reasonably possible and provide photographs of the artwork and packaging. This assists us in investigating the matter promptly with the courier or insurer.
The 48-hour request does not remove or restrict rights available under Australian Consumer Law.
Where a purchaser is legally entitled to a repair, replacement, refund or other remedy, Tracy Keith Art will provide the remedy required by applicable law.
Consumer guarantees apply automatically and cannot be removed through a store's refund policy. (ACCC)
14. Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law where it would be unlawful to do so.
The three paragraphs above reproduce the ACCC's prescribed wording for warranties against defects relating to goods. (ACCC)
15. International Purchases
International shipping is available to selected destinations.
Purchasers are responsible for determining whether an artwork or product may lawfully be imported into their destination country.
Unless otherwise stated, customs duties, import taxes, clearance charges and other fees imposed by the destination country are the purchaser's responsibility.
International delivery times may be affected by customs and border processing outside the control of Tracy Keith Art.
16. Third-Party Links and Services
The website may contain links to, or functionality provided by, third-party websites and services.
Tracy Keith Art is not responsible for the content, accuracy, policies or practices of third-party websites.
Third-party services used to facilitate payments, shipping or other aspects of the store may be subject to their own terms and privacy policies.
17. Relationship with Shopify
Tracy Keith Art is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make in our Store are made directly with Tracy Keith Art.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Tracy Keith Art, including any injury, damage, or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Tracy Keith Art.
18. Privacy
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Information may be provided to Shopify and relevant service providers where necessary to operate the store, process payments, fulfil orders, arrange delivery and provide the Services.
If you join the Tracy Keith Art Collector List, we may send you information about new artworks, exhibitions, limited editions, publications and studio releases.
You may unsubscribe from marketing communications at any time.
19. Errors and Corrections
We take reasonable care to ensure information on the website is accurate.
Occasionally information may contain typographical errors, inaccuracies or omissions relating to artwork descriptions, dimensions, pricing, availability, shipping or other details.
We may correct errors and update information where reasonably necessary.
If an error materially affects an order already placed, we will contact the purchaser and deal with the order in accordance with applicable law.
20. Prohibited Use
You must not use the website or Services:
for unlawful or fraudulent purposes;
to infringe the intellectual property rights of Tracy Keith, Tracy Keith Art or another person;
to make unauthorised reproductions of artworks or artwork imagery;
to commercially exploit artwork imagery without permission;
to misrepresent the authorship, authenticity, edition or provenance of an artwork;
to transmit malicious software or interfere with website security;
to unlawfully collect personal information;
to impersonate another person or entity; or
to systematically extract, scrape or reproduce protected website content contrary to these Terms or applicable law.
We may restrict access to the Services where we reasonably determine these Terms have been materially breached.
21. Automated Services
Automated systems, agents, scraping technologies or similar services must not circumvent security measures, access restrictions or technical controls implemented by Tracy Keith Art or Shopify.
Automated access must not be used to make unauthorised copies of artwork imagery, website content or other protected intellectual property.
We reserve the right to restrict automated access where reasonably necessary to protect the website, its users or intellectual property.
22. Limitation of Liability
Nothing in these Terms excludes, restricts or modifies liability that cannot lawfully be excluded, restricted or modified.
To the maximum extent permitted by law, Tracy Keith Art is not liable for indirect, incidental, special or consequential loss arising from use of the website or Services where such liability may lawfully be excluded.
Nothing in these Terms limits a consumer's entitlement to a remedy where an artwork, product or service fails to comply with an applicable consumer guarantee.
23. Indemnification
To the extent permitted by law, you agree to indemnify Tracy Keith Art against third-party claims, losses or liabilities arising directly from your:
material breach of these Terms;
unlawful use of the Services;
infringement of another person's intellectual property rights; or
unauthorised commercial reproduction or exploitation of Tracy Keith artworks or website content.
This provision does not apply to the extent that loss results from the negligence, unlawful conduct or breach of obligation of Tracy Keith Art.
24. Termination
We may restrict or terminate access to the Services where these Terms have been materially breached, unlawful activity has occurred or continued access threatens the security or operation of the Services.
Termination does not affect rights or obligations arising from purchases made before termination.
Provisions concerning copyright, intellectual property, ownership, provenance, liability and privacy continue to apply where their nature requires them to survive termination.
25. Severability
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed or interpreted to the minimum extent necessary without affecting the remaining provisions.
26. Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, Returns & Refunds Policy and other policies expressly incorporated by reference, govern use of the Services and purchases through Tracy Keith Art.
Failure by Tracy Keith Art to exercise a right under these Terms does not constitute a waiver of that right.
Nothing in this section excludes rights, representations or guarantees that cannot lawfully be excluded.
27. Governing Law
These Terms are governed by the laws of Victoria, Australia, subject to any mandatory rights or laws applicable to the purchaser that cannot lawfully be excluded.
The parties submit to the jurisdiction of the courts of Victoria and courts competent to hear appeals from those courts, subject to applicable consumer law.
28. Changes to These Terms
Tracy Keith Art may update these Terms to reflect changes to the business, Services, policies or applicable law.
The current version will be published on this website.
Changes do not retrospectively remove rights arising from an order already accepted.
29. Contact Information
Questions about these Terms, purchases, copyright permissions or artworks may be directed to:
Tracy Keith Art
Studio Level 1
23 Kerr Street
Fitzroy VIC 3065
Australia
Email: tracy.keithart@gmail.com
Phone: +61 45 2424 770
ABN: 54 367 213 762