PRINT CARE, FRAMING & QUALITY

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PRINT QUALITY

Sarah’s fine art prints are produced with the utmost care and attention to detail by Tyson Foster of Fox Lab Fine Art Printing. Only the best archival inks and papers are used, ensuring quality and longevity.

ART CARE

Please take care in handling, storage and hanging your artwork in order to preserve it's condition. Artwork may be damaged by poor storage or transport, direct sunlight, humidty or variations in temperature.

PRINT CARE (please share this information with your framer)

To avoid damage we recommend you leave your print packaged until you’re ready to have it professionally framed. If you must hold, use clean white gloves and only handle by white border using two hands so you don’t bend or crease.

Never touch the printed surface or place face down as it will mark the print. Likewise, to avoid scratching, scuffing or staining, never wipe or blow the print. Special care must be taken as any particles will be made more obvious because of the black surface. When framing use UV proof, non reflective glass with a spacer to ensure your print quality is maintained.  Always keep your artwork away from direct sunlight and humidity.

DELIVERY

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INTERNATIONAL ORDERS

Available but please contact Sarah for a quote.

UNFRAMED PRINT DELIVERY

Free delivery world-wide. Shipped within 2-4 weeks of order.  Customs requirements and local taxes are the responsibility of the buyer.

FRAMED PRINT DELIVERY

Free delivery Australia wide.  Remote or international locations may attract a surcharge. Customs requirements and local taxes are the responsibility of the buyer.

Art will usually be ready for despatch within 4-6 weeks of order.

Collection from Clarkson (Western Australia) can be arranged if you wish.

Please note that occassionally we experience delays with availability of materials. Delivery dates are guidelines may  be subject to delays outside of our control.

RETURNS

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ALL SALES ARE FINAL

All art is produced on a bespoke made to order basis. As such all sales are final. If you need to cancel or ammend your order within 24 hours and production has not yet commenced you will receive a refund. If you need to change the size your fine art print, please contact us so we can make arrangements. There may be a surcharge if production has already commenced.

TERMS & CONDITIONS

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TERMS AND CONDITIONS OF SALE OF ART

It is important that you read and understand these termsand conditions before proceeding with any transaction. If there is any termthat you don’t understand or don’t wish to agree to, please contact Sarah HewerPhotography and await a reply. Only proceed with this transaction if you agreeto be bound by the terms and conditions set out below.

This agreement is between you, the Purchaser and OffshootCreative Pty Ltd trading as Sarah Hewer Photography (PO Box 285, Augusta,Western Australia, Australia 6290).

Your agreement to comply with and be bound by these Termsand Conditions is deemed to occur upon your Purchase of the Work (any fine art,print or framed print by Sarah Hewer). If you do not agree to be bound by theseTerms and Conditions, you should not purchase the Work.

No part of this Website (sarahhewer.com) constitutes acontractual offer capable of acceptance. Your order constitutes a contractualoffer and our acceptance of that offer is deemed to occur upon our sending anemail to you indicating that your order has been fulfilled and is ready fordespatch.

1.         Sale and purchase of the Work

1.1.     The Artist (Sarah Hewer Photography) sells the workdescribed on the Website (sarahhewer.com) to the Purchaser, and the Purchaserbuys the Work (Fine Art Prints) from the Artist, on the terms of this agreement.

1.2      All sales are final.

1.3      The Artist does not  accept responsibility for damage arising post sale. Please take care in handling, storage, transport, framing and hanging your artwork in order to preserve it's condition. Artwork may be damaged by poor storage, hanging or transport, direct sunlight, humidty, variations in temperature and other conditions, handling or treatment.

1.4      Art is as described. The Artist reserves the right to vary the paper or framing materials to an equivalent standard should it be required due to unforseen circumstances.

2.         Delivery

2.1.     The Artist must deliver theWork to the Purchaser, or the Purchaser must collect the Work, according to the Delivery option chosen on Order.

2.2.     The Artist may alter the delivery option should it be required.

2.3.     The Purchaser may be required to pay an additional fee should they require an amendment to their delivery service and that service is of a greater value than that selected at the point of sale.

2.4       The Purchaser maybe required to pay an additional fee should their address be remote or outside regular delivery areas.

2.5     Delays may occue in delivery due to unforseen circumstances or material delays.

3.         Payment

3.1.     The Purchaser must pay the Artist the amount specified at the time of Order or as otherwise agreed in writing.

4.        Goods andServices Tax and Other Duties

4.1.     The parties agree that all amounts payable under this agreement are inclusive of Goods and Services Tax (GST).

4.2     The Purchaser is solelyresponsible for any taxes or duties resulting from the goods being shipped internationally.

5.         Representation and warranty

5.1.     The Artist represents and warrants that the Artist owns all rights, including copyright, in the Work.

6.         Transfer of ownership of the Work

6.1.     Subject to clause 6.2, title to the Work passes to the Purchaser upon the Artist sending an email to the Purchaser indicating that the Work is ready for despatch.

6.2      Risk in the Work remains with the Artist until the Work is delivered to the Purchaser or collected by the Purchaser or the Purchaser's agent or courier.

6.3     Risk in the Work will transferto the Purchaser within 10 days of the Purchaser failing to collect the artwork, when the Work has been advised as ready for despatch.

7.         Copyright and moral rights; Resale of the Work

7.1.     The Artist retains all intellectual property, including all copyright and moral rights, in the Work. Without limiting this, the Purchaser must not reproduce the Work or let anyone else reproduce the Work without the Artist’s prior written consent.

7.2.     The Artist retains all rights to reproduce the Work for sale or other purposes.

7.3.     The Purchaser will comply with the moral rights provisions contained within the Copyright Act 1968 (Cth) in relation to the Artist’s moral rights in the Work.

7.4.     If the Purchaser sells the Work to a third party during the term of the Artist’s copyright in respect of the Work, the Purchaser agrees to pay a resale royalty:

a    in accordance with the Resale Royalty Right for Visual Artists Act 2009 or such other artist’s resale royalty scheme in effect under Australian law at the time of such sale; or

b    if Australian law does not provide for such a royalty at the time of sale, in an amount of 5% of the sale price exclusive of GST up to a maximum amount of $20,000.

8. Disputes

8.1.     If a dispute or disagreement(Dispute) arises between the parties in connection with this agreement:

a    one party must notify [each/the] otherparty in writing about the Dispute (Notice of Dispute); and

b    [neither/no] party may start anylitigation or arbitration in relation to the Dispute until the parties havecomplied with this clause.

8.2.     The parties should meet within 14 calendar days after receipt of the Notice of Dispute and hold good faith discussions to attempt to resolve the Dispute.

8.3.     If the Dispute is not resolved within 28 calendar days after receipt of the Notice of Dispute, the parties agree to submit the Dispute to mediation according to the Arts Law Centre Mediation guidelines current at that time (Guidelines). These Guidelines are part of this agreement.

8.4.     If the parties are not able to agree to a mediator, the Arts Law Centre must appoint a mediator.

8.5.     The parties must continue toperform their respective obligations under this agreement despite the existence of a Dispute.

9. General provisions

9.1.     The parties acknowledge thatthe Artist is an independent contractor and that nothing in this agreement creates any relationship of joint venturers, partnership, agency or employment between the parties.

9.2.     A notice required to be givenunder this agreement may be delivered by hand, or sent by pre-paid post or faxto the address of the party indicated at the top of this agreement. Notices aretaken to have been served when received, or within 2 business days of havingbeen sent, whichever occurs first.

9.3.     Neither party may assign, subcontract, novate or otherwise divest this agreement or any of the rights orobligations under this agreement without the other party’s prior writtenconsent. This consent must not be unreasonably withheld.

9.4.     Subject to clause 10.6, thisagreement is the entire agreement between the parties regarding its subjectmatter. Any previous understanding, agreement, representation or warrantyrelating to that subject matter is replaced by this agreement and has nofurther effect.

9.5.     Nothing in this agreementtransfers or excludes any applicable cultural rights in favour of Australian Indigenous people that may be implemented under Australian law.

9.6. This agreement may only be modified by a writtenamendment signed by the parties.

9.7.     Invalidity of any clause ofthis agreement will not affect the validity of any other clause except to theextent made necessary by the invalidity.

9.8.     This agreement is governed bythe law in force in Western Australia. The parties submit to the jurisdictionof the courts of that State and any court competent to hear appeals from those courts.