Terms and Conditions
General Terms of Service
Date: 01/05/2025
These Terms of Service (“Terms”) govern your use of this website, and any purchases made from www.florenciamartinart.com (“we”, “us”, “our”). By accessing this website or purchasing from it, you agree to be bound by these Terms.
1. Artwork Description and Product Information
We aim to describe and present all items accurately. Each product listing includes, where relevant:
● Dimensions (in centimeters)
● Medium/materials (e.g. oil on canvas, archival pigment print)
● Framing details (if applicable)
● Edition information (e.g. 1/20 limited edition)
Please note: Colors and textures may vary slightly due to screen differences or the handmade nature of artworks. These are not considered faults.
2. Copyright and Intellectual Property
All artworks remain the intellectual property of the artist. Purchasing a physical item does not transfer copyright.
You agree that:
● The artwork is for personal use and enjoyment only
● You will not reproduce, modify, resell, license, or use the artwork commercially without permission
● All content on this website (artworks, images, text, design) is protected by the Copyright Act 1968 (Cth)
● Licensing or commercial use requests must be sent to flomartinart@gmail.com
3. Moral Rights and Responsible Use
The artist retains moral rights under Part IX of the Copyright Act 1968 (Cth), including the right to:
● Be credited as the creator
● Object to derogatory treatment of the work
You agree:
● Not to alter, damage, distort, or misuse the work in ways that affect the artist’s reputation
● To credit the artist in any public or online display of the work
● Not to use the work in offensive, harmful, or discriminatory contexts
4. Indigenous Cultural and Intellectual Property (ICIP) (If Applicable)
If a work includes Aboriginal and Torres Strait Islander knowledge, motifs, stories, or iconography, it will be explicitly noted.
In such cases, you agree to:
● Respect the cultural integrity and significance of the work
● Avoid any use that undermines cultural protocols
● Inform future owners of these responsibilities
Some works may require consultation prior to resale or transfer.
5. Resale and First Right of Refusal
If you plan to resell an original artwork, we kindly ask that you:
● Notify the artist in writing prior to sale
● Offer the artist first right of refusal to repurchase the work at fair market value
The new owner must:
● Understand and respect copyright, moral rights, and ICIP obligations
● Credit the artist when the work is displayed, published, or exhibited
This helps maintain the integrity of the work and artist-collector relationships.
6. Pricing and Payments
All prices are in Australian Dollars (AUD) and include GST where applicable. We reserve the right to adjust prices at any time.
Accepted payment methods:
● Credit/debit card (via PayPal)
● Direct bank transfer
● Buy Now, Pay Later options (subject to approval at checkout)
Note: We are not liable for delays, security breaches, or technical issues arising from third-party payment processors.
7. Shipping, Handling, and Insurance
Processing: Orders are dispatched within [X] business days of cleared payment. You will receive tracking information once your order is shipped.
Domestic Shipping (Australia):
● Via Australia Post, Sendle, or courier
● Flat rate or calculated at checkout
● Estimated delivery: 7 business days
International Shipping:
● Available for select products
● Customs/import duties are the buyer’s responsibility
● Delivery times vary by destination
Insurance:
● Transit insurance is included for original works
● Standard insurance applies to prints unless otherwise arranged
● Contact us before checkout for insurance upgrades or signature-on-delivery
8. Returns and Refunds
We follow the Australian Consumer Law (ACL).
Damaged, Faulty, or Incorrect Items:
Contact us within 7 days of delivery. Please provide:
● Your order number
● Clear photos of the issue
● A brief description
If the item is deemed faulty, we will offer a repair (if possible), replacement, or refund. Return shipping will be reimbursed once approved.
Change of Mind:
We do not accept returns for change of mind on original works or limited-edition items unless otherwise agreed in writing.
9. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Western Australia, Australia. Any disputes will be handled by the courts in that jurisdiction, including those arising from international sales.
10. Contact
For questions, returns, or further information:
Florencia Martin / www.florenciamartinart.com
Email: flomartinart@gmail.com
ABN: 78 100 593 286
Business Address: 94 Attfield st, South Fremantle. Perth, WA