Terms and Conditions - Madeleine Simson Art

Madeleine Simson Art
Last Updated: April 3, 2025

OVERVIEW

This website is operated by Madeleine Simson Art (“we,” “us,” or “our”), a business based in Victoria, Australia. These Terms and Conditions (“Terms”) govern your use of our website, including all information, tools, and services available through it (collectively, the “Service”), as well as your purchase of products such as custom prints and original artworks.

By accessing our website or purchasing from us, you agree to be bound by these Terms, including our Refund Policy and Privacy Policy, which are incorporated by reference. These Terms apply to all users, including browsers, customers, and others who interact with the Service.

Please read these Terms carefully before using our website. If you do not agree with these Terms, you must not access or use the Service. We reserve the right to update these Terms at any time by posting changes on this page. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

Our store is built on WooCommerce, an e-commerce platform integrated with WordPress, which enables us to sell our products to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you confirm that:

You are at least 18 years of age, the age of majority in Victoria, Australia, or
If you are under 18, you have the consent of a parent or legal guardian to use the Service and make purchases.

You may not use our products or Service for any illegal or unauthorized purpose or violate any laws in your jurisdiction (including copyright laws). A breach of these Terms may result in the immediate termination of your access to the Service.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone, for any reason, at any time, subject to applicable law.

You understand that your content (excluding payment information) may be transferred unencrypted over various networks and adapted to technical requirements. Payment information is always encrypted during transmission.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service or our products without our express written permission.

SECTION 3 – ACCURACY OF INFORMATION

We strive to ensure that information on our website (e.g., product descriptions, pricing, and availability) is accurate, complete, and current. However, we are not responsible if information is inaccurate or outdated. Such information is provided for general purposes only and should not be relied upon as the sole basis for decisions without consulting us directly.

We reserve the right to correct errors or update information at any time without notice, including after an order is placed.

SECTION 4 – PRODUCTS AND PRICING

Products: We offer custom prints and original artworks, available exclusively through our website. Quantities may be limited, and products are subject to our Refund Policy.
Pricing: All prices are in Australian dollars (AUD) and include Goods and Services Tax (GST) unless otherwise stated. Prices are subject to change without notice.
Availability: We reserve the right to limit sales, quantities, or discontinue products at our discretion. Offers are void where prohibited by law.
Accuracy: We aim to display product colors and images accurately, but we cannot guarantee that your device’s display will be precise.

SECTION 5 – SHIPPING AND DELIVERY

Shipping: We ship products from Victoria, Australia. Estimated delivery times will be provided at checkout but are not guaranteed.
Risk of Loss: Risk of loss or damage passes to you upon delivery to your specified address or collection by your designated carrier.
Damage in Transit: If your product arrives damaged, please refer to our Refund Policy for instructions on reporting and remedies.

SECTION 6 – INTELLECTUAL PROPERTY

Ownership: All artwork, designs, and images on our website are the intellectual property of Madeleine Simson or licensed to Madeleine Simson Art. Copyright remains with the artist or relevant rights holder.
Limited License: When you purchase a product, you are granted a non-exclusive, non-transferable license to use it for personal, non-commercial purposes only. You may not reproduce, distribute, modify, or create derivative works from our products without our written permission.
User Content: If you submit comments, feedback, or other content to us, you grant us a worldwide, royalty-free license to use, edit, and publish it in any medium, without obligation to compensate or attribute you.

SECTION 7 – ORDER AND ACCOUNT INFORMATION

We reserve the right to refuse, limit, or cancel any order at our discretion (e.g., suspected fraud or unauthorized reselling). If we modify or cancel an order, we will attempt to notify you using the contact details provided at checkout.

You agree to provide current, complete, and accurate information for all purchases, including billing and shipping details, and to update this information as needed.

SECTION 7A – ACCOUNTS

If you create an account with us, you must provide accurate, complete, and current information. You are responsible for safeguarding your password and notifying us immediately at hello@madeleinesimson.com of any security breach or unauthorized use of your account.

You agree not to disclose your password to any third party. We may terminate or suspend your account without notice if you provide false information, breach these Terms, or if we suspect unauthorized activity. You may close your account at any time by contacting us or discontinuing use of the Service.

SECTION 8 – PAYMENT TERMS

Payment is processed securely via WooCommerce’s integrated payment gateways. You agree to pay the total amount displayed at checkout, including any applicable shipping fees and taxes.

SECTION 9 – THIRD-PARTY TOOLS AND LINKS

We may use third-party tools or services (e.g., payment processors, analytics) to operate the Service. These are provided “as is,” and we are not liable for issues arising from their use.

Our website may link to third-party sites. We are not responsible for their content, accuracy, or practices. Review their policies before engaging with them.

SECTION 10 – PROHIBITED USES

You may not use the Service or our products:

For any unlawful purpose or to violate any laws (e.g., copyright or consumer laws).
To reproduce, resell, or commercially exploit our artwork without permission.
To upload viruses, malware, or any harmful code.
To harass, defame, or discriminate against others.
To interfere with the Service’s security or functionality.

We may terminate your access for violating these prohibitions.

SECTION 11 – PERSONAL INFORMATION

Your personal information is handled in accordance with our Privacy Policy.

SECTION 12 – DISCLAIMER OF WARRANTIES

We aim to provide a reliable and secure Service, but we do not guarantee it will be uninterrupted, error-free, or meet all expectations. Products and the Service are provided “as is” and “as available,” except as expressly stated.

Nothing in these Terms excludes or limits your statutory rights under the Australian Consumer Law, including guarantees that goods are of acceptable quality, fit for purpose, and match their description.

SECTION 13 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, Madeleine Simson Art, its affiliates, and agents will not be liable for any indirect, incidental, or consequential damages (e.g., lost profits or data) arising from your use of the Service or products, even if advised of the possibility.

Our liability for any claim is limited to the purchase price of the product or service in question, unless otherwise required by law (e.g., under the Australian Consumer Law).

SECTION 14 – INDEMNIFICATION

You agree to indemnify and hold harmless Madeleine Simson Art, its affiliates, and representatives from any claim, including legal fees, arising from your breach of these Terms or violation of any law or third-party rights.

SECTION 15 – TERMINATION

These Terms remain in effect until terminated by you or us. You may terminate by ceasing use of the Service or closing your account. We may terminate your access or account if you breach these Terms, without notice, and you will remain liable for any amounts due up to the termination date.

SECTION 16 – GOVERNING LAW

These Terms and any disputes arising from them are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria for any legal proceedings.

SECTION 17 – ENTIRE AGREEMENT

These Terms, along with our Refund Policy and Privacy Policy, constitute the entire agreement between you and Madeleine Simson Art regarding the Service. They supersede any prior agreements or communications.

SECTION 18 – CHANGES TO TERMS

We reserve the right to update these Terms at our discretion by posting the revised version on this page. For material changes (e.g., those affecting your rights or obligations), we will aim to provide at least 30 days’ notice via email or a prominent announcement on our website. Changes take effect upon posting, and your continued use of the Service after the effective date signifies acceptance. It is your responsibility to check this page periodically for updates.

SECTION 19 – CONTACT INFORMATION

For questions about these Terms, please contact us at:
Email: hello@madeleinesimson.com
Madeleine Simson Art, Melbourne, Victoria, Australia