Terms of Service

The terms and conditions governing your use of the Be Artistic Club store, products and services.

Overview

Welcome to Be Artistic Club. The terms "we", "us" and "our" refer to Be Artistic Club. We operate 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"). Be Artistic Club is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced here (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers 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, you should not use or access our Services.

Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law or any other applicable consumer protection law. Where a warranty disclaimer or limitation of liability in these Terms would be unlawful, it applies only to the extent permitted by law.

Access and account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, and that you consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all the information you provide is correct, current and complete.

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

Our products

We have made every effort to provide an accurate representation of our products and services. However, colours or product appearance may differ from how they appear on your screen due to your device and settings.

Subject to the Australian Consumer Law, we do not warrant that the appearance or quality of any product will be identical to how it is depicted. All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product and to limit quantities on a case-by-case basis.

Orders

When you place an order, you are making an offer to purchase. Be Artistic Club reserves the right to accept or decline your order at its discretion. Your order is not accepted until we confirm acceptance and your payment has been processed. Please review your order carefully before submitting; we may be unable to accommodate cancellation requests after production has begun.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy and your rights under the Australian Consumer Law.

You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

Prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect when the order is placed, as set out in your order confirmation email. Posted prices do not include shipping, customs or import charges unless stated. Your exact shipping cost is shown at checkout before you pay.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases, and to update such information promptly as needed.

You represent that the payment card information you provide is true, that you are authorised to use that card, and that you will pay the charges at the posted prices, including any applicable taxes.

Shipping and delivery

Shipping rates are in AUD. Within Australia: free standard shipping on orders of $100 or more; $11 standard on orders under $100; $15 express. International: $20 flat to the 27 countries we ship to outside Australia, at any order value — the free shipping threshold applies to Australian orders only.

Standard orders ship in 2–3 business days. Custom paint-by-numbers kits and personalised portraits go through a full production process and can take up to 30 days to arrive. Estimated delivery times are 10–30 business days for Australia and New Zealand; 10–20 business days for the United States, Canada, the United Kingdom and Europe; and 7–20 business days for Asia. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

Tracking numbers are emailed as soon as your parcel ships. Be Artistic Club is not responsible for customs or import taxes that may apply in your country; any tariffs or fees imposed during or after shipping are the responsibility of the customer.

All orders include complimentary transit insurance for loss or damage. If your parcel is lost or arrives damaged, please photograph the damage and contact us within 15 days of delivery and we will arrange a full refund or free replacement. We do not ship to P.O. Boxes, military addresses, or certain remote areas. We currently do not ship to Brazil. Full details are in our Shipping & Delivery policy.

Intellectual property

Our Services, including all trademarks, brands, text, displays, images, graphics, reviews, video and audio, and the design, selection and arrangement thereof, are owned by Be Artistic Club, its affiliates or licensors and are protected by Australian and international intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store or transmit any material on the Services without our prior written consent.

Be Artistic Club's names, logos, product and service names, designs and slogans are trademarks of Be Artistic Club or its affiliates or licensors. Shopify's marks are trademarks of Shopify. All other names, logos and trademarks are those of their respective owners.

Customer-supplied photos

When you upload a photo for a personalised product, you confirm that you own the photo or have permission to use it, and you grant Be Artistic Club a limited licence to reproduce and adapt that image solely to create and fulfil your order. We will not use your photo for marketing without your separate permission.

Optional tools

You may be provided with access to third-party tools that we neither monitor nor control. Such tools are provided "as is" and "as available" without warranties of any kind. Use of optional tools is entirely at your own risk and discretion.

Third-party links

The Services may contain materials and hyperlinks to websites provided by third parties. We are not responsible for examining or evaluating their content or accuracy. If you leave the Services to access these sites, you do so at your own risk. Please review their policies and practices carefully.

Relationship with Shopify

Be Artistic Club is powered by Shopify. Any sales are made directly with Be Artistic Club. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sale between you and Be Artistic Club.

Privacy

All personal information we collect is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes information about your use of the Services to provide and improve them.

Feedback

If you submit ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial use.

You represent that you own or have all necessary rights to all Feedback, that you have disclosed any compensation received in connection with submitting it, and that your Feedback complies with these Terms.

Errors, inaccuracies and omissions

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors and to change information or cancel orders if any information is inaccurate, even after the order has been submitted.

Prohibited uses

You may access the Services for lawful purposes only. You may not use the Services for unlawful or malicious purposes; to violate any laws; to infringe intellectual property; to harass, abuse, defame or harm any person; to transmit false information; to send spam; to impersonate any person; or to engage in conduct that may harm Be Artistic Club, Shopify or other users.

You also agree not to upload viruses or malicious code; reproduce, duplicate or resell any portion of the Services; collect or track the personal information of others; spam, phish, spider, crawl or scrape; or interfere with the security features of the Services.

Termination

We may terminate this agreement or your access to the Services at any time without notice. You will remain liable for all amounts due up to the date of termination.

Sections that by their nature should survive termination — including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Assignment, Governing Law and Privacy — continue to apply after termination.

Disclaimer of warranties

Subject always to the Australian Consumer Law section above, the information presented on the Services is made available for general information purposes only, and the Services and all products are provided "as is" and "as available" without warranties of any kind, express or implied, to the extent permitted by law. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Limitation of liability

To the fullest extent permitted by law, and subject to the Australian Consumer Law section above, Be Artistic Club, our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors — and those of Shopify and its affiliates — will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind arising from your use of the Services or any products procured through them.

Indemnification

You agree to indemnify, defend and hold harmless Be Artistic Club, Shopify and our affiliates from any losses, damages, liabilities or claims arising from your breach of these Terms, your violation of any law or third-party rights, or your access to and use of the Services.

Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed from these Terms without affecting the remaining provisions.

Waiver and entire agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted on this site constitute the entire agreement between you and us, superseding any prior agreements.

Assignment

You may not assign or transfer this agreement or your rights or obligations under these Terms without our prior written consent; any such attempt is null and void. We may transfer or assign these Terms and our rights and obligations without consent or notice to you.

Governing law

These Terms and any separate agreements under which we provide you Services are governed by and construed in accordance with the laws of New South Wales, Australia. You and Be Artistic Club submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Changes to these Terms

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. Your continued use of the Services following any changes constitutes acceptance of those changes.

Contact

Questions about these Terms of Service should be sent to info@beartistic.club.