Terms & Conditions
When visiting Eva Juliette’s website, social platforms or making a purchase, you agree to the following terms and conditions. Please read these carefully before using Eva Juliette’s products/services.
Eva Juliette Pty Ltd (“Eva Juliette”) and the Client (“You”) agree to the following Terms and Conditions of Sale (“Terms and Conditions”). These terms and conditions prevail over any other terms and conditions provided and apply to every order or service provided by Eva Juliette to you.
Prices and orders
Product prices and availability are subject to change without notice and Eva Juliette reserves the right to discontinue products/services at any time.
Service Quality
Every effort will be made to accurately display products and examples of services, however Eva Juliette cannot guarantee colours or details will appear the same on all devices.
Delivery
If you have arranged with Eva Julliette for the Artwork to be delivered, these provisions apply.
Eva Julliette will make all reasonable efforts to deliver the services/artwork as agreed and in accordance with the Proposal Details.
Where artwork is shipped, shipping times are determined by external providers such as Australia Post.
Any dates for delivery are approximate only and Eva Juliette will not be liable for delay in delivery whatsoever. Time of delivery is not of essence and you are not entitled to claim any loss or damage suffered as a result of any difference between the estimated and actual time of delivery.
Eva Juliette is not responsible for undelivered packages based on incorrect shipping information provided by you. If items are returned to sender, Eva Juliette will contact you to arrange for re-shipment at your cost.
Shipping costs for commissioned works are determined on an individual basis and You agree they will be determined after the Artwork (or Services) is completed. You acknowledge and agree that shipping costs are influenced by the size and weight of the artwork and your location and Eva Julliette will contact you after checkout to finalise all shipping fees, details, insurance, and other requirements.
Eva Juliette’s responsibility for the artwork terminates upon reaching the delivery address. Eva Juliette will not be liable for:
a. Any delay or failure to deliver the artwork, for any reason;
b. Any damage or loss to the artwork, incurred during packaging or unloading, except to the extent that any such damage was incurred by negligence or omission on the part of Eva Juliette.
You are responsible for the payment of any charges associated with the delivery of the artwork, unless otherwise agreed to in writing.
Where artwork is shipped overseas the price does not include taxes and duties that may be applicable in the country of delivery. Eva Juliette is not liable for import or customs fees on any artwork shipped internationally and these will need to be paid by you.
Returns and refunds
The Australian Consumer Law may give to you certain guarantees. Where liability for breach of any such guarantee can be limited, Eva Juliette’s liability (if any) arising from any breach of those guarantees is limited with respect to the supply of the Services, to the cost of re-supplying the Services again.
Except as required by law, Eva Juliette is not obliged to accept the return of goods or artwork if you change your mind.
Property and risk
In relation to physical Artwork
i. Eva Juliette arranges shipping but is not responsible for damage or loss during shipping and You must bring any claim against the shipping provider.
ii. Risk in the Artwork passes to you immediately upon Eva Juliette arranging shipping on your behalf.
You should insure your Artwork for shipping.
Cancellations
Online Store
Online Orders cannot be cancelled once dispatched and you will not be entitled to a refund.
Subscriptions
If you want to cancel your Creativity Club membership, you can do so through your Patreon account through the membership tab.
Intellectual Property
Intellectual Property Rights means intellectual property rights at any time protected by statute or common law, including copyright, trademarks, patents and registered designs.
All Intellectual Property Rights in any Artwork, including any moral rights, created by Eva Juliette vest in and remain the property of Eva Juliette. This includes but is not limited to originals, commissions, prints, and images of her artwork posted on this site and associated social platforms. This means Eva Juliette retains the right to use and reproduce any Artwork.
Eva Juliette does not permit you to download, reproduce, display, publish, transmit, distribute, mint into an NFT, copy, print or edit her artwork for public, commercial or personal use without her written permission.
Digital or reproduction prints of her artwork are available for purchase and requests to licence or use images or work of Eva Juliette may be submitted by email.
You may use images containing the artwork on the internet, social media platforms, print media and other forms of sharing, provided that the artwork is attributed to Eva Juliette by tagging, reposting or listing Eva Juliette as the artist in the post or article. You agree not to modify or edit the artwork in any way.
For Commissioned works, when providing a reference photo, you warrant that you own the Intellectual Property Rights or have the consent of the right holder to use of the photo for that purpose. Eva Juliette excludes liability for any infringement of Intellectual Property Rights resulting from this and you indemnify Eva Juliette in respect of any claim or action in connect to this.
The obligations accepted by the Parties under these Intellectual Property clauses survive termination, completion or expiry of this agreement.