Terms of service

Overview

This website is operated by Kelly Batsiokis Art (“we”, “us”, “our”). By visiting our site and or purchasing from us, you agree to these Terms of Service (“Terms”), together with any other policies referenced on this website (including our Refund Policy and Privacy Policy).

We may update these Terms from time to time. The current version will always be available on this page. Your continued use of the site after changes are published means you accept the updated Terms.

Our store is hosted on Shopify Inc, which provides the ecommerce platform that allows us to sell products and services to you.

Contact: hello@kellybatsiokisart.com

1. Online store terms

By using this site, you confirm you are at least the age of majority in your place of residence, or you have consent to use the site under appropriate supervision.

You must not use our site or products for any unlawful purpose, or breach any applicable laws (including copyright laws). We may suspend or cancel access if these Terms are breached.

2. Products, pricing and availability

  • Prices are shown in Australian dollars unless otherwise stated.
  • We may change prices at any time. Price changes do not affect orders already paid for.
  • Original artworks and reproduction prints may be limited in quantity.
  • We reserve the right to refuse or cancel orders (for example, suspected fraud or reseller activity). If we cancel an order, we will refund any payment received.

We take care to show product images and colours as accurately as possible. However, screens vary and colours may appear different depending on your device.

3. Orders and billing information

You agree to provide current, complete and accurate purchase information and to update details as needed so we can process your order and contact you.

For return and refund conditions, please refer to our Refund Policy.

4. Shipping and delivery

Shipping times are estimates only and may vary based on location, carrier performance, and fulfilment partner timelines (where relevant).

Risk in goods passes to the customer once the item is delivered to the nominated delivery address. If an order is lost in transit or arrives damaged, please contact us promptly at hello@kellybatsiokisart.com so we can investigate and, where applicable, lodge an insurance claim.

5. Commissions policy

We do not accept every commission request. If we agree to a commission, the following terms apply unless we agree otherwise in writing.

5.1 Deposit and booking

  • A non-refundable deposit is required to book a commission and secure a place in the schedule.
  • Work will not commence until the deposit has cleared.
  • The remaining balance must be paid in full before delivery or shipping.

5.2 Reference images and permissions

You must have the right to use any reference images provided (for example, your own photo, or written permission from the photographer). If a licence or permission must be purchased, the cost will be included in the total commission price.

5.3 Scope, timeline and approvals

  • Size, materials, timeline, framing (if applicable), and shipping are agreed before work begins.
  • We will confirm the concept in writing before significant work starts.
  • Because commissions are original artworks, the final artwork will not be an exact replica of any reference or prior artwork.

5.4 Revisions

Two check-in points are included:

  • one mid-way (major changes)
  • one near completion (minor changes)

Additional revisions may be offered at our discretion and may incur extra fees.

5.5 Returns and refunds for commissions

Commissions are made to order and are not eligible for change-of-mind returns.

If a commissioned artwork arrives damaged or faulty, please contact hello@kellybatsiokisart.com with photo evidence as soon as possible so we can assess and arrange an appropriate remedy.

5.6 Copyright and reproduction

Unless agreed otherwise in writing, we retain copyright in all artworks (including commissions). The commissioner may display the artwork for personal use, but may not reproduce it (including prints or merchandise) without written permission.

5.7 Social media and publicity

We will not share commission progress or the completed artwork publicly without the commissioner’s permission.

If the commissioner shares the work online, we appreciate tagging:

  • Instagram: @kellybatsiokis
  • Facebook: @KellyBatsiokisArt

6. Third-party tools and links

We may provide access to third-party tools or links. We are not responsible for third-party websites, content, products, or services. Use of third-party websites is at your own risk.

7. User content and feedback

If you submit feedback, comments, or suggestions, you agree we may use them for business purposes (for example, improving products or services). You must not submit content that is unlawful, abusive, defamatory, or infringes another person’s rights.

8. Personal information

Your personal information is handled in line with our Privacy Policy.

9. Consumer guarantees

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

10. Limitation of liability

To the extent permitted by law, we are not liable for indirect or consequential losses arising from use of the site or purchase of products. Where liability cannot be excluded, it is limited to the maximum extent permitted by law.

11. Governing law

These Terms are governed by the laws of Australia. Any disputes will be handled in the applicable Australian jurisdiction.

Contact

Questions about these Terms can be sent to:
hello@kellybatsiokisart.com
Phone: 0411 067 989