Terms of service

TERMS OF SERVICE

Last Updated: 14 July 2026

OVERVIEW

This website is operated by Kimberley Ann Art & Photography (trading as Kimberley Ann Designs). Throughout the site, the terms “we”, “us” and “our” refer to Kimberley Ann Art & Photography. Kimberley Ann Art & Photography offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

SECTION 3 - INTELLECTUAL PROPERTY AND ORIGINAL DESIGNS

All content included on this site, such as original abstract digital art, unique illustrations, t-shirt and hoodie designs, mug graphics, text, logos, and images, is the property of Kimberley Ann Art & Photography and protected by international copyright laws.
The purchase of any product does not transfer any intellectual property rights to the customer. Our designs are provided for personal use and may not be reproduced, resold, or redistributed in any format without our express written consent.

SECTION 4 - PRODUCTS AND SERVICES (PRINT-ON-DEMAND)

Certain products or services may be available exclusively online through the website. Our products are made to order and are manufactured and fulfilled via Print-on-Demand (POD) partners after you place your order.

Product Descriptions: We do our best to describe our products accurately, including materials, sizing and care information. If you have questions before purchasing, please reach out.
Accuracy & Colour: We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your device’s display of any colour will be accurate. Printed colours may vary slightly due to screen settings and the printing process.
Made-to-Order: Because our items are created specifically upon your order, slight variations in print placement, colour saturation and garment texture are inherent to the POD process.
AI-Assisted Mockups (Display Only): Some product images shown on our site may be AI-assisted or digitally generated mockups to help illustrate how the design may look on the item. These mockups are for display purposes only; your finished item may look slightly different due to printing methods, garment fit, lighting and real-world photography differences.
Availability & Modifications: We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer, to discontinue products at any time, and to update product offerings (including blank garments/colours) based on POD partner availability.

SECTION 5 - PRICING, PAYMENT, AND ACCOUNT INFORMATION

Pricing: Prices are shown in the currency displayed at checkout and may be subject to change at any time without notice. Any applicable taxes and shipping charges will be calculated and displayed at checkout.
Payment: We accept payment methods made available through Shopify at checkout. By placing an order, you authorise us (and our payment processors) to charge your selected payment method for the total amount of your order.
Order Refusals / Cancellations: 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. If we cancel an order, we will attempt to notify you using the contact information provided at checkout.
Accuracy of Billing and Account Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information (including your email address and payment details) so that we can complete your transactions and contact you as needed.

SECTION 6 - SHIPPING, DELIVERY, AND FULFILLMENT

Our products are made to order and are fulfilled by third-party production partners. This means production times may apply before your order ships.

Shipping & Delivery Estimates: Any shipping timeframes shown on our website are estimates only and may vary due to production queues, carrier delays, customs processing (for international orders), peak periods or events outside our control.
Shipping Address: Please ensure your shipping address is correct at checkout. If an order is returned to sender due to an incorrect or incomplete address provided by you, additional shipping charges may apply to reship your order.
Tracking: Where available, we will provide tracking details once your order has shipped.
Returns / Refunds Reference: Because items are made to order, returns and refunds are handled in line with our Returns/Refunds Policy (as published on our website). Please review that policy before purchasing, including the process for reporting damaged, defective or incorrect items.

SECTION 7 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties (including Shopify and our fulfillment partners). 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 of third-party materials or websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, products, or services.

SECTION 8 - USER CONDUCT, COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

User Conduct: You agree not to use the website or Service in any way that is unlawful, harmful, misleading, or interferes with the operation or security of the site. You must not attempt to gain unauthorised access to any part of the site, accounts, or systems connected to the Service.
User Submissions: If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, use, reproduce, publish, distribute and display any comments you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
No Infringing Content: You must not submit content that infringes any third party’s rights (including intellectual property or privacy rights) or that is defamatory, abusive, obscene or otherwise unlawful.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to upload or transmit viruses or any other type of malicious code; or (g) to scrape, data-mine, or use automated means to access the site without our permission.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
In no case shall Kimberley Ann Art & Photography, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be 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 any of the service or any products procured using the service.

SECTION 12 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kimberley Ann Art & Photography 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 reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 13 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia.

SECTION 15 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.