Terms of Sale
Last updated: November 2026
1. About these Terms
These Terms of Sale apply to purchases of artworks and other products from Everdon Pty Ltd trading as Everdon Fine Art (ABN 41 143 855 145) (Everdon, we, us or our) through everdon.art or as otherwise agreed with us in writing.
By placing an order, you agree to these Terms.
These Terms should be read together with our Shipping Policy and Refunds & Returns Policy.
Nothing in these Terms excludes, restricts or modifies any rights or remedies you have under the Australian Consumer Law (ACL) or any other law that cannot lawfully be excluded, restricted or modified.
2. Orders
When you place an order, you are making an offer to purchase the artwork or other product shown in your order.
Subject to the provisions below concerning orders requiring shipping quotations, a contract is formed when we accept your order, which ordinarily occurs when an order confirmation is issued following successful checkout. Order confirmations may be generated automatically by our Website.
Orders Requiring Shipping Quotations
The following purchases require prior agreement on shipping arrangements and costs:
-
All original paintings, whether delivered within Australia or internationally; and
-
Fine art prints delivered to countries or regions not listed as eligible destinations for shipping included in the purchase price under our Shipping Policy.
You must contact us before placing an order for these artworks so that we can confirm shipping arrangements and provide a quotation where applicable.
An order requiring a shipping quotation is not accepted, and no contract for its purchase is formed, until the applicable shipping arrangements and costs have been agreed and we have expressly confirmed our acceptance of the order.
If an order requiring a shipping quotation is placed or payment is processed through our Website without prior agreement on shipping arrangements and costs, any automated order confirmation or payment acknowledgement does not constitute acceptance of that order.
We may contact you to agree the applicable shipping arrangements and costs. If agreement cannot be reached, or you do not wish to proceed, we may cancel the order and refund all amounts paid.
Order Cancellation and Changes
We may cancel an accepted order where reasonably necessary, including where an artwork is unavailable, there is an obvious pricing or product error, we reasonably suspect fraud or unlawful activity, or we are unable to fulfil the order. If we cancel an accepted order, we will notify you promptly and refund any amount paid for goods that will not be supplied. Nothing in this paragraph affects any rights or remedies you may have under the ACL or other applicable law.
Original paintings are unique works and may occasionally become unavailable.
Once an order has been accepted, you may request that we change or cancel it. We will try to accommodate your request where reasonably practicable, but we cannot guarantee that an order can be changed or cancelled once production or fulfilment has commenced.
Nothing in this section affects any rights you have under the ACL or other applicable law.
3. Artworks
Original Paintings
Each original painting is a unique, hand-created artwork. Brushwork, texture, canvas weave, varnish, painted edges and other characteristics resulting from the artist's materials and process are inherent characteristics of an original artwork and are not, of themselves, defects.
Fine Art Prints
Fine art prints are reproductions of original paintings or selected sections of those paintings, produced using professional fine art printing processes.
Everdon Perspectives are fine art prints of selected sections of Everdon original paintings. Perspectives are not themselves original paintings.
Minor variations between fine art prints and the original paintings from which they are derived may occur as a result of printing, trimming, stretching, framing, refining or other editing or production processes.
Fine art prints may be offered as open editions or limited editions. Where a work is offered as a limited edition, the edition size will be stated on the relevant product page. Edition numbers are allocated by Everdon and cannot be requested or reserved unless we agree otherwise.
Published dimensions are approximate and may be subject to minor production or framing tolerances.
Nothing in this section affects your rights under the ACL, including where an artwork does not correspond with its description or fails to meet an applicable consumer guarantee.
4. Images and Visualisations
We take reasonable care to represent our artworks accurately.
Colours, contrast, textures and other visual characteristics may nevertheless appear differently depending on your screen, device settings, lighting conditions and the characteristics of the artwork or printing process.
Room mock-ups and other digital visualisations are provided for illustrative purposes only. They are intended to demonstrate how artworks may appear in different settings and may not precisely represent the scale, colour, texture or other characteristics of the finished artwork.
Certain content on our Website has been created or enhanced using artificial intelligence or other digital tools.
Please refer to the dimensions, framing information and specifications stated on the relevant product page when choosing an artwork.
Nothing in this section affects your rights under the ACL where an artwork does not correspond with its description or otherwise fails to comply with an applicable consumer guarantee.
5. Prices and Payment
Prices, Taxes and Import Charges
Prices are displayed in the currency applicable to your selected country or region, unless otherwise stated.
Prices may vary between countries and regions and are not precisely calculated by reference to prevailing foreign exchange rates.
For fine art prints delivered to the destinations specified in our Shipping Policy, standard shipping is included in the purchase price.
The total amount payable to Everdon, including any applicable taxes and shipping charges collected by us, will be displayed at checkout or otherwise agreed before your purchase is finalised.
For international deliveries, you are responsible for any customs duties, import taxes, customs clearance fees and other government charges payable upon importation or delivery, unless we expressly state otherwise or applicable law requires us to collect or pay those amounts.
Any taxes that Everdon is legally required to collect on a sale will be charged or included in the purchase price as required by applicable law.
Everdon Club Discount
From time to time, we may advertise a discount for joining our mailing list, known as "The Everdon Club", in The Everdon Club section of our Website homepage. Any such discount applies only to eligible fine art prints, including framed and unframed prints, and does not apply to original paintings, gift cards or other products unless we expressly state otherwise. The Everdon Club joining discount is a promotional offer and does not create an ongoing entitlement to discounted purchases. The discount is available only while the relevant offer is expressly advertised in The Everdon Club section of our Website homepage and is subject to any eligibility requirements or other conditions disclosed with the offer. We may amend or withdraw the offer at any time for future orders by updating or removing the relevant advertisement from our Website homepage. To receive the discount, the applicable discount code or offer must be valid and applied at checkout before an order is accepted. Any amendment or withdrawal will not affect discounts already applied to accepted orders or any separate promotional entitlement expressly promised for a specified period.
Nothing in this section affects any rights or remedies available under the ACL or other applicable law.
6. Gift Cards
Purchase and Issue
Everdon gift cards are available for purchase through our Website in the denominations advertised from time to time. Gift cards are issued electronically and delivered to the email address nominated at checkout or otherwise in accordance with the delivery options available on our Website. Each gift card has a unique code that may be used to redeem its available balance against eligible purchases from our Website. Gift cards are denominated in Australian dollars and are not redeemable for cash, except where required by law.
Validity and Expiry
Gift cards purchased from Everdon are valid for three years from the date of issue, unless a longer period is expressly stated or a longer period is required by applicable law. The expiry date, or the date of issue together with the applicable validity period, will be prominently displayed on the gift card. Gift cards may be redeemed at any time before their expiry date. Any unused balance remaining after a valid expiry date will cease to be redeemable, subject to any rights or remedies available under applicable law. Different conditions may apply to gift cards or promotional vouchers provided without charge, as competition prizes, through loyalty programs or as part of other promotional arrangements, where permitted by law. Any such conditions will be disclosed when the relevant gift card or voucher is issued.
Redemption
Gift cards may be redeemed through our Website towards the purchase of original paintings, fine art prints and other eligible products available at the time of redemption. Gift cards cannot be used to purchase other gift cards. A gift card may be redeemed across multiple transactions until its available balance has been exhausted or the gift card expires. If the value of an order exceeds the available gift card balance, the remaining amount must be paid using another payment method accepted by Everdon. If the value of an order is less than the available gift card balance, the unused balance will remain available for subsequent purchases until the gift card expires. Gift cards may be used in conjunction with promotional discounts where permitted by the applicable promotional terms and our checkout functionality. Gift cards are not reloadable and cannot be exchanged for another gift card or transferred to another gift card balance, except where we agree otherwise or where required by law.
Fees
We do not charge activation, account-keeping, inactivity, balance enquiry or other prohibited fees in relation to gift cards. Gift card balances will not be reduced by fees merely because a gift card remains unused.
Lost, Stolen or Unauthorised Use
Gift cards should be treated with care. Anyone who obtains a valid gift card code may be able to redeem the available balance. If a gift card is lost, stolen, disclosed to an unauthorised person or used without permission, please contact us as soon as reasonably practicable. Where we can reasonably verify the original purchase and the remaining balance, we may cancel the affected gift card and issue a replacement for the unused balance. We may temporarily suspend a gift card where we have reasonable grounds to suspect fraud, unauthorised use or other unlawful activity, while we investigate the circumstances. We will act reasonably in doing so and will not permanently cancel a legitimately held gift card or forfeit its balance without proper grounds. We are not responsible for unauthorised redemption resulting from a gift card code being disclosed or lost after delivery, except to the extent that the loss arises from our acts or omissions or liability cannot lawfully be excluded.
Refunds and Consumer Rights
We do not offer refunds or exchanges of gift cards simply because a purchaser or recipient changes their mind. This does not affect any rights or remedies available under the ACL or other applicable law. Where an artwork or other product purchased using a gift card is refunded, any amount originally paid using the gift card may be refunded to the original gift card or issued as replacement gift card credit, where appropriate and consistent with applicable law. Any replacement gift card or credit issued in connection with a refund will have an expiry period that complies with applicable law and will not reduce any existing statutory rights. Nothing in this section excludes, restricts or modifies any consumer guarantee, right or remedy under the ACL or other applicable law.
7. Certificates of Authenticity
Certificates of Authenticity signed by the artist are provided with original paintings and limited edition fine art prints only. For limited editions, the certificate records the edition number allocated to the artwork. Unless otherwise stated on the relevant product page, the artwork itself is not individually signed or numbered. Certificates of Authenticity may be delivered separately from the artwork.
We may issue a replacement certificate where we are reasonably satisfied as to ownership and the loss, destruction or damage of the original certificate. We may identify a replacement certificate as such and charge reasonable production and delivery costs.
8. Shipping and Delivery
Shipping arrangements, estimated delivery times and applicable shipping charges are described in our Shipping Policy and, where relevant, on the applicable product page.
Fine Art Prints
Standard shipping of framed and unframed fine art prints is included in the purchase price for deliveries to certain specified destinations in accordance with our Shipping Policy.
For deliveries to other destinations, please contact us before placing your order to discuss shipping arrangements. Depending on the destination and artwork purchased, standard shipping may be included in the purchase price or additional shipping charges may apply. Any additional charges will be quoted and agreed with you before your purchase is finalised.
Original Paintings
Shipping of original paintings, whether within Australia or internationally, is additional to the purchase price. Please contact us before placing your order so that shipping arrangements and costs can be quoted and agreed before your purchase is finalised.
Original paintings delivered within Australia are generally supplied ready to hang.
Unless otherwise agreed, original paintings shipped internationally are professionally de-stretched, rolled and packaged for transport.
Where an original painting is shipped rolled, you are responsible for arranging and paying for its professional re-stretching and any framing required after delivery. We are not responsible for damage caused by a third-party framer, installer or other service provider independently engaged by you, except to the extent that liability cannot lawfully be excluded.
General Delivery Arrangements
Different products may be produced or dispatched separately, including through our printing and fulfilment partners.
Delivery times are estimates and may be affected by production times, couriers, customs, weather and other circumstances outside our reasonable control. If a significant delay occurs, please contact us and we will work with you to resolve it in accordance with these Terms and applicable law.
You are responsible for providing an accurate and complete delivery address. If additional delivery, storage, return or redelivery costs are reasonably incurred because an incorrect or incomplete address was provided, we may ask you to pay those additional costs.
Risk in an artwork passes to you on delivery. Ownership of the physical artwork passes to you when we have received payment in full.
Further information about shipping methods, packaging, delivery destinations and shipping charges is contained in our Shipping Policy.
9. Returns, Damage and Consumer Rights
We do not offer returns or refunds simply because you change your mind.
This does not affect your rights under the ACL.
If an artwork arrives damaged or you believe there is a fault or other problem with it, please contact us as soon as reasonably practicable. Photographs of the artwork and packaging may assist us in resolving the issue and making any relevant claim.
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.
Any remedy will be provided in accordance with your rights under the ACL and other applicable law.
Further information is contained in our Refunds & Returns Policy.
10. Intellectual Property
Purchasing an artwork gives you ownership of the physical artwork only. Copyright and all other intellectual property rights in and relating to the artwork remain with Everdon or our licensors.
Unless permitted by law or agreed by us in writing, you must not reproduce or commercially exploit the artwork, including by using it on merchandise or other products, creating commercial reproductions or derivative works, creating NFTs or similar digital assets, or using the artwork to train, fine-tune, test or develop artificial intelligence, machine-learning or similar technologies.
You may photograph an artwork you own for ordinary personal purposes and for the genuine resale of that physical artwork.
Nothing in these Terms transfers any copyright or other intellectual property rights to you.
11. Events Outside Our Control
If circumstances outside our reasonable control delay or prevent us from fulfilling an order, we will take reasonable steps to minimise the impact and keep you informed.
If those circumstances prevent us from fulfilling your order within a reasonable time, you or we may cancel the affected order. If an order is cancelled, we will refund any amounts paid for goods that have not been supplied.
Nothing in this section affects any rights you have under the ACL or other applicable law.
12. Liability
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability under the ACL or any other law that cannot lawfully be excluded, restricted or modified.
To the extent permitted by law, we are not liable for loss or damage arising in connection with the supply of goods to the extent that such loss or damage was not reasonably foreseeable.
Nothing in this section limits or excludes liability arising from fraud or wilful misconduct by us.
13. Privacy
We handle personal information in accordance with our Privacy Policy.
14. Changes to these Terms
We may update these Terms from time to time.
Any updated Terms will be published on our Website with a revised "Last updated" date.
The Terms applying to your purchase are those in effect when your order is accepted, which ordinarily occurs when an order confirmation is issued following successful checkout.
Changes to these Terms do not retrospectively alter the terms of an existing contract unless required by law or subsequently agreed between us.
15. General
If any part of these Terms is invalid or unenforceable, the remaining provisions continue to apply.
These Terms are governed by the laws of Victoria, Australia. Nothing in these Terms is intended to restrict any right you may have to bring a claim or proceeding in another jurisdiction where that right cannot lawfully be excluded.
16. Contact
If you have any questions about an order or these Terms, please contact:
Everdon Fine Art
Everdon Pty Ltd
ABN 41 143 855 145
89 Union Road
Ascot Vale VIC 3032
Australia