Terms of service

These Terms of Service (“Terms”) apply to your use of the website byjadeart.com.au (“Site”) and any purchase made through the Site. By accessing the Site or placing an order, you agree to these Terms.

This Site is operated by 'By Jade Art' (“we”, “us”, “our”).
Contact: jade@byjadeart.com.au
ABN: 20135148468

About our products

We sell art products including (but not limited to) fine art prints, limited edition prints, and related goods (“Products”). Product descriptions and images are provided as accurately as possible, however:

  • Colours may vary depending on your screen, device, lighting and monitor settings.

  • Minor variations can occur between print runs, particularly where prints are made to order.

Orders and acceptance

When you place an order, you are making an offer to purchase Products under these Terms. We may accept or decline orders at our discretion, including where:

  • a Product is unavailable,

  • there is a pricing or description error,

  • we suspect fraudulent activity or unauthorised payment.

An order is only confirmed once you receive an order confirmation email.

Pricing and payments

All prices are shown in AUD unless stated otherwise.

You agree that:

  • Prices may change at any time before you place an order.

  • We may correct genuine pricing errors. If this affects your order, we will contact you and you may choose to proceed at the corrected price or receive a full refund.

Payment must be received in full before an order is processed. We use third-party payment providers (e.g. Shopify Payments, PayPal, Afterpay). Your use of those services is subject to their terms.

Pre-orders and “Notify Me” / waitlists

If we offer a waitlist, “notify me”, or pre-order option:

  • Joining a waitlist does not reserve stock unless explicitly stated.

  • Pre-order dispatch timelines are estimates and may change due to production, printing, or shipping delays.

  • If we cannot fulfil a pre-order within a reasonable time, you may request a refund.

Shipping and delivery

Shipping timeframes and costs are set out in our Shipping & Processing Policy, which forms part of these Terms.

Key points:

  • Dispatch times are estimates and not guarantees.

  • Delivery timeframes depend on the carrier and your location.

  • Risk of loss/damage generally passes to you upon delivery.

International orders

For international orders:

  • You are responsible for any import duties, taxes, customs fees or local charges imposed by your country.

  • We are not responsible for delays caused by customs processing.

Returns, refunds and Australian Consumer Law

Our returns process is set out in our Returns & Refunds Policy, which forms part of these Terms.

Nothing in these Terms (or any policy on our Site) is intended to exclude, restrict or modify your rights under the Australian Consumer Law (ACL). If you are entitled to a remedy under the ACL (including for a major failure), we will provide that remedy.

Change of mind

Where permitted by law, we do not offer returns or refunds for change of mind on made-to-order products, limited editions, or customised items.

Damaged items

If your order arrives damaged, you must contact us within 48 hours of delivery and provide:

  • clear photos of the damage,

  • photos of the packaging (including shipping label if possible).

We may offer a replacement, refund, or another suitable resolution depending on the circumstances.

Intellectual property

All artwork, images, designs, text, logos, and content on this Site are owned by or licensed to By Jade Art and protected by copyright and other intellectual property laws.

You may not copy, reproduce, distribute, sell, or exploit any Site content or artwork without our written permission.

Purchasing a print does not transfer copyright. You are purchasing a physical product for personal use only.

Website use and prohibited conduct

You agree not to:

  • misuse the Site,

  • attempt to gain unauthorised access to the Site or its systems,

  • interfere with the Site’s functionality,

  • use the Site for unlawful purposes.

We may suspend or block access where we reasonably believe there has been a breach of these Terms.

Promotions and discount codes

Discount codes:

  • must be used within the stated timeframe (if any),

  • cannot be redeemed for cash,

  • may not apply to limited editions or selected Products (as stated),

  • may be cancelled where misuse or error is suspected.

Unless stated otherwise, only one discount code may be used per order.

Limitation of liability

To the maximum extent permitted by law:

  • We are not liable for indirect or consequential loss (including loss of profit, loss of opportunity, or reputational loss) arising from use of the Site or purchase of Products.

  • Our liability for any claim connected with an order is limited to the amount paid for that order, except where the ACL requires otherwise.

Third-party links and services

The Site may contain links to third-party websites or services. We are not responsible for those websites, and access is at your own risk.

Privacy

We handle personal information in accordance with our Privacy Policy, which forms part of these Terms.

Changes to these Terms

We may update these Terms from time to time. The current version will always be available on the Site and will apply from the effective date shown above.

Governing law

These Terms are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria (and any courts entitled to hear appeals from those courts).

Contact

For questions about these Terms, please contact:
Email: jade@byjadeart.com.au