Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Clare O’Hara Artist. Throughout the site, the terms “we”, “us” and “our” refer to Clare O’Hara Artist. We operate this website and store, including all related information, content, features, tools, products and services (the “Services”) to provide you with a considered and curated experience.

Our store is hosted on Shopify, which enables us to offer our Services to you.

By visiting, accessing or purchasing from our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree, you must not use our Services.


AUSTRALIAN CONSUMER LAW

Nothing in these Terms excludes, restricts or modifies any rights you have under the Australian Consumer Law.

You are entitled to a repair, replacement or refund where products are faulty, damaged, not as described, or do not meet acceptable quality standards.


SECTION 1 — ACCESS AND ACCOUNT

By using this site, you confirm that you are at least 18 years of age or have permission from a parent or guardian.

You agree to provide accurate and complete information when making a purchase and to keep your account details secure.


SECTION 2 — OUR ARTWORK

Each artwork is an original or made-to-order piece, created with care and intention.

We make every effort to accurately represent colours, textures and details. However, variations may occur due to screen displays, materials and the handmade nature of our work.

All descriptions and availability are subject to change without notice.


SECTION 3 — COMMISSIONED ARTWORK

Commissioned pieces are bespoke and created specifically for you.

  • A non-refundable $500 deposit is required to secure your booking

  • Commissions include two revisions

  • Additional revisions or changes in direction will incur additional fees, quoted on a case-by-case basis

  • You will be invited to review and approve the artwork at each stage

Timelines:

  • Standard completion timeframe is 8–12 weeks from deposit

  • Rush orders may be available upon request

  • Timeframes are not guaranteed unless agreed in writing

Due to the bespoke nature of commissions:

  • All commission sales are final

  • Change-of-mind returns are not accepted

We reserve the right to pause or cancel a commission if communication becomes unresponsive or unworkable. Outcomes will be determined fairly based on work completed.

If we are unable to complete your commission, a full refund will be provided.


SECTION 4 — ORDERS

All orders are subject to acceptance. We reserve the right to refuse or cancel any order at our discretion.

Once an order is placed, cancellations may not be possible.

All purchases are subject to our Refund Policy [LINK].


SECTION 5 — PRICING AND PAYMENT

Prices are listed in AUD unless otherwise stated and are subject to change.

  • Prints start from $80

  • Commissioned artworks range up to $5,000+ depending on scope

Prices do not include shipping, customs duties or import taxes.

You agree to provide accurate billing and payment information.


SECTION 6 — SHIPPING AND DELIVERY

We ship both within Australia and internationally.

Delivery timeframes are estimates only and may be affected by shipping carriers, customs, or events outside our control.

For international orders:

  • You are responsible for any customs duties, taxes or import fees

Risk of loss or damage does not pass to you until the artwork has been delivered, except where permitted by law.


SECTION 7 — DAMAGE IN TRANSIT

If your artwork arrives damaged:

  • You must notify us within 48 hours of delivery

  • Photographic evidence of the artwork and packaging is required

We will assess each case and provide a repair, replacement or refund in accordance with Australian Consumer Law.


SECTION 8 — INTELLECTUAL PROPERTY

All artwork remains the intellectual property of Clare O’Hara Artist.

You may not reproduce, distribute, or commercially use any artwork without prior written permission.

Purchase of artwork does not transfer copyright.


SECTION 9 — THIRD-PARTY SERVICES

Our website may include tools or links operated by third parties. We are not responsible for their content or practices.


SECTION 10 — PRIVACY

Your personal information is handled in accordance with our Privacy Policy [LINK].


SECTION 11 — LIMITATION OF LIABILITY

To the extent permitted by law, we are not liable for indirect or consequential loss arising from your use of our Services.

Nothing in this section limits your rights under the Australian Consumer Law.


SECTION 12 — TERMINATION

We may suspend or terminate access to our Services at any time if these Terms are breached.


SECTION 13 — GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia.


SECTION 14 — CHANGES TO TERMS

We may update these Terms from time to time. Continued use of the Services constitutes acceptance of any changes.


SECTION 15 — CONTACT

For any questions, please contact:
clare@clareohara.com.au


Each piece is a one-of-one artwork, created to be collected and kept.