Terms of Sale
Last updated: August 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 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.
A contract is formed when we accept your order. We may decline an order before acceptance where reasonably necessary, including where an artwork is unavailable, payment cannot be processed, there is an obvious pricing or product error, we reasonably suspect fraud or unlawful activity, or we reasonably determine that we are unable to fulfil the order.
If we are unable to accept an order after receiving payment, we will refund the amount paid.
Everdon original paintings are unique works and may occasionally become unavailable before an order is accepted.
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 paragraph affects any rights you have under the ACL.
3. Artworks
Original paintings
Each Everdon 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 defects.
Everdon Editions & Everdon Studies
Everdon Editions are fine art reproductions of complete Everdon original paintings.
Everdon Studies are fine art reproductions of selected parts of Everdon original paintings.
Minor variations in Everdon Editions and Everdon Studies relative to the relevant Everdon original painting or selected part thereof arising from printing, trimming, stretching, framing or other production processes may occur.
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.
4. Images and Visualisations
We take reasonable care to represent our artworks accurately.
Colours, contrast and texture may nevertheless appear differently depending on your screen, device settings, lighting and the characteristics of the artwork or printing process.
We may also use room mock-ups, digitally created images or AI-assisted visualisations to help illustrate how an artwork may look in an interior. These images are illustrative only and may not precisely represent scale, lighting, furniture, architecture or other surroundings.
Please rely on 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
Unless otherwise stated, prices are in Australian dollars and include GST where applicable.
The total amount payable will be shown at checkout or otherwise agreed with you before purchase.
Payment must be made in full before an artwork is produced or dispatched unless we agree otherwise.
We may change prices before an order is accepted. Price changes do not affect orders already accepted.
If an obvious pricing error occurs and the price displayed could not reasonably have been understood to be the intended price, we may contact you to offer the artwork at the correct price or cancel the affected order and provide a full refund.
International customers are responsible for customs duties, import taxes and other government charges imposed in the destination country unless we expressly state otherwise.
6. Certificates of Authenticity
Where specified on the relevant product page, an artwork will be supplied with a certificate of authenticity signed by the artist.
For limited editions, the certificate records the edition number allocated to the artwork. Unless otherwise stated, the artwork itself is not individually signed or numbered.
Certificates 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. We may identify a replacement certificate as such and charge reasonable production and delivery costs.
7. Shipping and Delivery
Shipping arrangements, estimated delivery times and any applicable shipping charges are described in our Shipping Policy and on the relevant product page.
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 delivery address. If additional delivery costs are reasonably incurred because the address supplied was incorrect or incomplete, we may ask you to pay those additional costs.
Risk in an artwork passes to you on delivery. Ownership passes when we have received payment in full.
Original paintings
The relevant product page or Shipping Policy will state how an original painting will be supplied and shipped.
Where an original painting is shipped rolled, you are responsible for arranging and paying for its re-stretching and any framing after delivery.
We are not responsible for damage caused by a third-party framer, installer or other service provider engaged by you.
8. 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 ACL.
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.
9. 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 or develop artificial intelligence or machine-learning systems.
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.
10. 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.
11. 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.
Subject to the preceding paragraph, and to the extent permitted by law, our aggregate liability to you for loss or damage arising directly from a breach by us of these Terms is limited to the amount paid by you for the artwork or other product to which the breach relates.
The limitation in the preceding paragraph does not apply to liability arising from fraud or wilful misconduct by us, or to any liability that cannot lawfully be limited.
To the extent permitted by law, we are not liable for loss or damage arising in connection with the supply of goods that was not reasonably foreseeable.
12. Privacy
We handle personal information in accordance with our Privacy Policy.
13. Changes to these Terms
We may update these Terms from time to time. The Terms applying to your purchase are those in effect when you place your order, unless a change is required by law or agreed with you.
14. 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.
15. 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
studio@everdon.art
89 Union Road
Ascot Vale
Victoria 3032
Australia