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Vanessa Osborne Art​​

Terms & Conditions

These Terms and Conditions (“Terms”) govern the supply of goods and services (“Products”) Vanessa Obsorne ABN: 75757216145 trading as Vanessa Osborne Art (“we”, “us”, “our”), your use of our website which is available at (“Site”) and any of our social media platforms (“Platforms”).


By purchasing our Products and accessing or using our Site or Platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree with any provision of these Terms, you should discontinue the use of our Site and Platforms immediately.


1. Changes to Terms


We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. 


2. Prices

All prices are in Australian Dollars (AUD) and within Australia are exclusive of and Goods and Services Tax (GST) unless stated otherwise but are exclusive of delivery charges. GST is not charged on orders outside of Australia. Prices for our Products are subject to change without notice. 

3. Accepted Payment Methods

We accept the following payment methods:

  • Visa

  • Mastercard

  • Paypal

4. Credit Card Security

We utilise the services of Stripe, a trusted third-party payment processor, to securely handle credit card transactions on our Site. Stripe is responsible for collecting, processing, and storing your credit card information. As a third-party processor, Stripe has its own terms of service and privacy policy that govern the handling and storage of your payment information. We encourage you to review Stripe's privacy policy and terms of service to understand how they handle your payment information

5. Online Store Terms

To make a purchase from our online store you must be 18 years of age or over. By placing an order, you represent and warrant that you meet these eligibility requirements. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

6. Ownership of Artwork

The original artworks and other Products available for purchase from our online store are original works of art protected by intellectual property laws. When you purchase an original artwork, or other product, you acquire ownership of the physical item, but not the underlying intellectual property rights. We retain all rights to the artwork, including reproduction rights and any associated copyrights.

7. Usage Restrictions

7.1 By purchasing an original artwork or other Product, you agree to respect and abide by the artist's intellectual property rights. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

7.2 The original artworks and other Products offered for sale from our online store are intended for personal use only. Unauthorised resale, commercial use, or distribution of the purchased items without our explicit written permission is strictly prohibited.

7.3 Any unauthorised commercial use or resale may result in legal action being taken against you.

7.4 If you are interested in becoming an authorised reseller or distributor, please contact us to discuss potential collaboration and obtain the necessary permissions and agreements.

7.5 We reserve the right to enforce this clause and take appropriate action against any unauthorised resellers or individuals engaged in prohibited commercial activities without our explicit written permission.

8. Copyright Notice

The original artwork and other Products may contain copyright notices or artist attributions. You agree not to remove, alter, or obscure any copyright notices or other proprietary markings on the purchased items.

9. Accuracy of Billing and Account Information

9.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, unauthorised resellers or unauthorised distributors. 

9.2 An invoice will be emailed to you at the email address that you supply when you place your order. We recommend that you review your order confirmation and invoice carefully to ensure that all contact details, including the delivery address, are accurate. If you notice any errors or need to make changes to the delivery information after placing the order, please contact our customer support team as soon as possible. We will make reasonable efforts to assist you, but we cannot guarantee that changes can be accommodated after the order has been processed or shipped.

9.3 Please note that it is your responsibility to ensure the accuracy and completeness of the delivery information you provide when placing an order. If your order is sent to an incorrect address due to inaccurate information provided by you, we cannot be held responsible and additional charges may apply for redirection or reshipment.

9.4 By proceeding with the purchase, you acknowledge and accept that you are responsible for providing accurate and up-to-date delivery information.

10. Availability and Supply

All orders are subject to availability of Products. If for any reason a Product is not available, we will endeavour to update this on our online store.

11. Artwork and Products

We have made every effort to display as accurately as possible the colours and images of our original artwork and Products that appear on our online store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We take great care in crafting detailed and accurate descriptions for each artwork listed on our website. These descriptions encompass details about the medium, size, subject matter, and any other relevant attributes to help you make an informed purchase decision All descriptions of Products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

12. Commissioned Artwork

12.1 If you are interested in commissioning artwork you can contact us through via email, providing details about your desired artwork, including subject, style, size, and any specific preferences. We will respond promptly with a personalised quote for your commission.

12.2 Upon acceptance of the quote, a 50% non-refundable deposit of the total commission price is required before work commences. This deposit serves as a commitment to initiate the creative process and secure your spot in our commission queue.

12.3 We will begin crafting your artwork with utmost care and attention to detail. Throughout the creative process, we will provide regular progress updates and images, ensuring transparency and allowing you to provide feedback.

12.4 Once the artwork is completed and you are satisfied with the final result, the remaining 50% balance of the commission price is to be paid before delivery. We will notify you of the completion and provide payment instructions. Please note that the artwork will not be shipped until the full balance is received.

12.5 Minor adjustments can be made during the progress updates phase. However, major changes that significantly deviate from the initially agreed-upon concept may incur additional charges and could impact the project's timeline.

12.6 Once the final payment is confirmed, we will carefully package and ship your artwork using a reliable and secure method. Shipping fees will be calculated based on your location and the dimensions of the artwork. We are not responsible for any customs duties, taxes, or import fees.

12.7 As the initial deposit is non-refundable, cancellations made after the deposit has been paid will not be eligible for a refund. In the rare event that we are unable to complete the commission due to unforeseen circumstances, we will refund any payments made.

12.8 The estimated completion and delivery timeline will be provided in the initial quote. Delays caused by factors beyond our control (such as shipping delays, materials availability, or force majeure events) will be communicated promptly.

12.9 We respect your privacy and will not share any personal or project-related information with third parties without your consent.

12.10 Upon receipt of the final payment, the commissioned artwork becomes your physical property and copyright ownership is dependent on the reference material used as outlined in Section 12.11 and 12.12.

12.11 When we use our own reference photos, sketches, or materials ("Artist's Reference Materials") as inspiration for the Artwork, we shall retain full copyright ownership and all associated intellectual property rights to these reference materials and the finished original artwork.

12.12 Where you provide reference photos, sketches, or materials ("Client's Provided Reference Materials") for us to use in the creation of the artwork, both parties shall share joint copyright ownership and associated intellectual property rights to the final Artwork.

12.13 You acknowledge that by providing the Client's Provided Reference Materials, you grant us a non-exclusive, royalty-free license to use and adapt the Client's Provided Reference Materials solely for the purpose of creating the artwork as outlined in the Agreement. You also grant us the right to display the artwork in our portfolio, promotional materials, and online platforms.

12.14 Where the Client's Provided Reference Materials are used, we shall not use your Provided Reference Materials for any commercial purposes, including but not limited to selling prints, merchandise, or licensing the reference materials to third parties, without your explicit written consent.

12.15 Regardless of the ownership of the reference materials, we retains the right to display the artwork created through the commission in their portfolio, promotional materials, and online platforms, including sharing it on social media and personal websites, for non-commercial purposes.

12.16 You represent and warrant that you have the necessary rights and permissions to provide any reference materials used in the creation of the artwork and that their use will not infringe upon any third-party rights.

13. Returns

13.1 We do not offer refunds or exchanges for purchases made due to a change of mind. We encourage you to consider your purchase carefully before completing your order.

13.2 In accordance with the Australia Consumer Law, if the product you receive is faulty, damaged, or not as described, you are entitled to a refund or exchange.

14. Damaged Items

14.1 Upon receiving your artwork, we strongly recommend that you inspect the package for any signs of damage before opening it. If you notice any visible damage to the packaging, please document it with photographs before proceeding to open the package.

14.2 In the event that your artwork arrives damaged, please contact our customer support team within 24 hours of receiving the package. Provide detailed information about the damage and attach the photographs you took. This will help us expedite the resolution process.

14.3 To initiate a return or exchange due to shipping damage, we may request that you return the damaged artwork to us. We will provide you with return shipping instructions and cover the return shipping costs. Once we receive the damaged artwork, we will assess the damage and offer you the option of a replacement or a full refund.

14.4 In addition to photographs of the damaged packaging, we may require additional documentation, such as a description of the damage and any relevant information about the shipping process. This information will assist us in improving our packaging and shipping procedures.

14.5 In some cases, we may ask you to retain the damaged packaging materials for inspection or insurance purposes. Please do not discard any packaging until we have resolved the issue to your satisfaction.

14.6 If you opt for a refund, we will process it within 3 business of receiving the returned artwork. If you choose a replacement, we will send out the replacement artwork as soon as possible, subject to availability.

14.7 We work with reputable shipping partners and may have insurance coverage for damaged shipments. In cases of extensive damage, we may initiate a shipping insurance claim on your behalf. This process may require your cooperation to provide information and documentation.

If a refund is approved for a damaged product, we will process the refund using the original payment method used for the purchase. Please note that the time required for the refund to be reflected in your account may vary depending on your financial institution.

14.8 This refund policy does not affect any other rights you may have under the Australian Consumer Law or other applicable laws.

15. Shipping and Insurance

15.1 We offer free delivery to all locations within Australia and are covered by insurance at no extra cost to you. This insurance provides coverage in the unlikely event that your order is damaged or lost during transit. In such cases, we will work swiftly to resolve the issue and provide a replacement or refund as outlined in our Artwork Shipping and Damage Policy.

15.2 We strive to process and dispatch orders as quickly as possible. Our estimated delivery timeframes are as follows:

Metropolitan Areas: 1-5 business days

Regional Areas: 1-5 business days

Please note that these timeframes are approximate and may vary due to factors such as order volume, public holidays, and unforeseen logistical challenges.

15.3 Once your order has been dispatched, you will receive a confirmation email containing your tracking information. This allows you to monitor the status and location of your shipment as it makes its way to your delivery address.

15.4 To ensure successful delivery, please ensure that the shipping address you provide during checkout is accurate and complete. We cannot be held responsible for delays or mis deliveries resulting from incorrect or incomplete addresses.

15.5 For added security, we may require a signature upon delivery. This helps us confirm that your order has been received by the intended recipient.

15.6 If you need to change the delivery address after placing an order, please contact our customer support team as soon as possible. Changes to the address may cause delays in delivery, so prompt communication is important.

16. International Shipping

16.1 For international orders, we kindly request that you reach out to our customer support team to inquire about shipping options, costs, and delivery estimates.

16.2 Once we receive your inquiry, our customer support team will promptly provide you with a shipping quote. This quote will include details about shipping costs, estimated delivery timeframes, and available shipping methods.

16.3 If you choose to proceed with the order after receiving the shipping quote, our customer support team will guide you through the payment process. Once payment is received, we will initiate the shipping process.

16.4 All international shipments are insured up to the full retail value of the artwork. This insurance offers protection against damage, loss, or theft during transit.

16.5 Please be aware that international shipments may be subject to customs duties, taxes, and import fees imposed by the destination country's regulations. Any such charges are the responsibility of the customer.

17. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy [link]

18. Intellectual Property

18.1 All content available on this Site and our Platforms, including digital images of art, text, logos, designs, graphics, and any other materials (collectively referred to as "Content"), are protected by intellectual property laws and are the exclusive property of Vanessa Osborne Art. The Content is protected by copyright, trademark, and other intellectual property rights.

18.2 By accessing and using this Site or our Platforms, you are granted a limited, non-exclusive, and non-transferable license to view the Content solely for personal, non-commercial purposes related to your interaction with the website or Platforms. This license does not grant you any rights to modify, reproduce, distribute, publicly display, or create derivative works of the Content without our express written consent.

18.3 The trademarks, service marks, logos, and trade names displayed on this Site and our Platforms are the registered or unregistered trademarks of Vanessa Osborne Art. You are prohibited from using these trademarks or any confusingly similar marks without obtaining prior written permission from Vanessa Osborne Art.

18.4 You agree not to engage in any activities that may infringe upon the intellectual property rights of Vanessa Osborne Art. This includes but is not limited to copying, reproducing, modifying, distributing, displaying, or exploiting the Content without prior written permission.

19. Blog Content

19.1 The content published on our blog, including articles, posts, images, videos, and any other materials, is the intellectual property of Vanessa Osborne Art. You may access and read the content on our blog for personal, non-commercial use only.

19.2 While we make every effort to provide accurate and informative content, we do not guarantee the accuracy, completeness, or reliability of the information presented in our blog articles. The content is intended for general informational purposes and should not be considered as professional advice.

19.3 You may not modify, reproduce, distribute, or publish the content from our blog without our explicit written consent. Any unauthorised use of our content is prohibited.

19.4 Our blog articles may contain links to external websites for reference purposes. We do not endorse or control the content of these external websites, and we are not responsible for their accuracy or practices. Visiting external links is at your own risk.

19.5 We reserve the right to modify, update, or remove blog content at our discretion without prior notice. We may also change the topics, format, or availability of the blog articles.

19.6 We disclaim any liability for any damages, losses, or claims arising from your use of our blog content. The content is provided "as is," and we make no warranties, representations, or guarantees regarding its fitness for a particular purpose.

19.7 The content, articles, images, videos, and materials published on this blog are protected by copyright laws in Australia and under international copyright conventions. Reproduction, distribution, modification, or any unauthorised use of the content without the explicit written consent of Vanessa Osborne Art is prohibited and may result in legal action.

19.8 You may access and read the content on this blog for personal, non-commercial use only. Any reproduction, distribution, or use of the content beyond these terms requires the prior written permission of Vanessa Osborne Art.

20. User Content

You may be permitted to post, upload, publish, submit, or transmit relevant information and content (“User Content”) on our Site and/or our social media Platforms.  By making available any User Content on or through our Site and/or Platforms, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site and/or Platforms.

You agree that you are solely responsible for all User Content that you make available on or through our Site and/or Platforms.  You represent and warrant that:

  1. You are either the sole and exclusive owner of all User Content or you have all rights, licences, consents, and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

  2. Neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site and/or Platform will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  3. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

21. Third Party Tools


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

22. Third-Party Links

Certain content, products, and services available via our Site may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

23. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. 

24. Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site that contains inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice
We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated. 

25. Prohibited Conduct

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which We would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  1. Anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

  2. Using our Site to defame, harass, threaten, menace or offend any person;

  3. Interfering with any user using our Site;

  4. Tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

  5. Using our Site to send unsolicited email messages; or

  6. Facilitating or assisting a third party to do any of the above acts.

26. Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

27. Warranties and Disclaimers

We do not guarantee, represent, or warrant that your use of our Site will be uninterrupted, timely, secure, or error-free. You agree that from time to time our Site may be unavailable or we may cancel the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all Products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that any files available for downloading from the platform will be completely free from viruses or other harmful computer code.

28. Limitation of Liability

To the maximum extent permitted by law, Vanessa Osborne Art, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors are not liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site, or for any other claim related in any way to your use of the Site or any Product or service, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Site or any content posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Our maximum liability to you (if any) shall be limited to the value of any Products supplied by us.

29. Indemnification

You agree to indemnify, defend, and hold harmless Vanessa Osborne Art and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including legal fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

30. Severability

If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or other provisions in these Terms.

31. No Waiver

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 

32. Interpretation

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

33. Entire Agreement

These Terms and any policies or operating rules posted by us on this Site or in respect to our online store constitutes the entire agreement and understanding between you and us and govern your use of the Site and our Online Store, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

34. Governing Law

Your use of our Site or Products or services are governed by the laws of South Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and internationally. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access our Site from outside of Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

35. Contact

Any questions or complaints relating to these Terms, or our Products or services should be emailed to

Last Updated 12th September 2023

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