Work and life of an artist.
Terms of Service
Welcome to Shane Carn's online gallery and store. By accessing or using sdcarn.com (the "Website"), purchasing artwork, or engaging with our services, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully.
1. Acceptance of Terms
By using this Website, you confirm that you are at least 18 years old or have parental consent to make purchases. If you do not agree to these Terms, please do not use the Website or purchase any products.
2. Definitions
"Original Artwork" refers to one-of-a-kind physical artworks created by Shane Carn
"Prints" refers to reproductions of original artworks, including limited and open editions
"Customer" or "You" refers to any person using the Website or purchasing products
"We," "Us," or "Our" refers to Shane Carn and sdcarn.com
3. Purchasing Artwork
3.1 Product Descriptions
We make every effort to accurately display the colors, textures, and details of our artwork. However, the actual appearance may vary slightly due to monitor settings, lighting conditions, and the nature of photographic reproduction. All dimensions, materials, and specifications are provided to the best of our ability.
3.2 Pricing and Payment
All prices are listed in Australian Dollars (AUD) unless otherwise stated
Prices include GST where applicable (Australian customers)
Payment must be received in full before artwork is shipped
We accept major credit cards, PayPal, and other payment methods as displayed at checkout
Prices are subject to change without notice, but confirmed orders will honor the price at time of purchase
3.3 Order Confirmation
When you place an order, you will receive an email confirmation. This confirmation does not constitute acceptance of your order—it is simply an acknowledgment that we have received it. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.
3.4 Limited Edition Prints
Limited edition prints are numbered and signed by the artist. Once the stated edition is sold out, no additional prints from that edition will be produced. Each limited edition print includes a certificate of authenticity.
4. Shipping and Delivery
4.1 Shipping Costs
Shipping costs are calculated based on the size, weight, and destination of the artwork. Shipping charges will be displayed at checkout before you complete your purchase.
4.2 Delivery Times
Prints: Generally dispatched within 5-10 business days
Original Artwork: May require additional preparation time (up to 14 business days)
Custom Orders: Delivery times will be communicated separately
Delivery timeframes are estimates and not guarantees. We are not responsible for delays caused by shipping carriers, customs, or other circumstances beyond our control.
4.3 Shipping Damage
All artwork is carefully packaged to prevent damage during shipping. If your artwork arrives damaged:
Photograph the damage and packaging immediately
Contact us within 48 hours of delivery at [email protected]
Provide photos and your order number
Keep all packaging materials for inspection if required
4.4 International Shipping
For international orders, customers are responsible for any customs duties, taxes, or fees imposed by their country. These charges are not included in our prices and are the customer's responsibility.
5. Returns and Refunds
5.1 Australian Consumer Law (ACL)
Nothing in these Terms limits your rights under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
5.2 Original Artwork
All sales of original artwork are final. Due to the unique nature of original artworks, we cannot accept returns or exchanges unless the artwork arrives damaged or is significantly different from its description.
5.3 Prints
Prints may be returned within 14 days of delivery if:
The print is in its original condition (unframed, undamaged, and in original packaging)
You contact us first to obtain a return authorization
The print is not a custom or commissioned piece
Return shipping costs are the customer's responsibility unless the return is due to our error or a defective product.
5.4 Refund Process
Approved refunds will be processed within 7-10 business days of receiving the returned item. Refunds will be issued to the original payment method. Shipping costs are non-refundable except in cases of damaged or defective items.
6. Intellectual Property Rights
W6.1 Copyright and Ownership
Important: When you purchase artwork, you are buying the physical item only. All intellectual property rights, including copyright, remain with Shane Carn.
6.2 What You Can Do
Display the artwork in your home or office
Photograph the artwork for personal, non-commercial purposes
Resell the physical artwork (you cannot reproduce it)
6.3 What You Cannot Do
Reproduce, copy, or create derivative works from the artwork
Use images of the artwork for commercial purposes
Sell or distribute reproductions, prints, or digital copies
Claim the artwork or its design as your own
Use the artwork in AI training datasets or machine learning applications
6.4 Commercial Licensing
If you are interested in licensing artwork for commercial use, publication, or reproduction, please contact us at [email protected] to discuss terms and fees.
7. Website Use
7.1 Content
All content on this Website, including images, text, graphics, logos, and artwork, is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or use any content without our express written permission.
7.2 User Conduct
You agree not to:
Use the Website for any unlawful purpose
Attempt to gain unauthorized access to any part of the Website
Interfere with the proper functioning of the Website
Upload or transmit viruses or malicious code
Scrape, copy, or download content using automated means
8. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy. By using this Website, you consent to our privacy practices as described in that policy.
9. Disclaimers and Limitations of Liability
9.1 Disclaimer
The Website and all products are provided "as is" without warranties of any kind, either express or implied. While we strive for accuracy, we do not warrant that:
The Website will be uninterrupted or error-free
Defects will be corrected
The Website is free of viruses or harmful components
9.2 Limitation of Liability
To the extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Website or purchase of products. Our total liability shall not exceed the amount you paid for the specific product giving rise to the claim.
Note: These limitations do not apply to liability that cannot be excluded or limited under Australian Consumer Law or other applicable consumer protection laws.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
10.2 Dispute Resolution
If a dispute arises, we encourage you to contact us first to seek resolution. If we cannot resolve the matter informally, disputes may be resolved through:
Mediation or arbitration by mutual agreement
Small claims court for claims within the jurisdictional limit
Formal legal proceedings as a last resort
11. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Significant changes will be communicated via email to registered customers. Your continued use of the Website after changes are posted constitutes acceptance of the modified Terms.
12. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
13. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Shane Carn regarding the use of the Website and purchase of products, superseding any prior agreements.
14. Contact Information
For questions about these Terms of Service or any orders, please contact us:
Inquiries: [email protected]
Website: sdcarn.com
14. Acknowledgment
By using this Website and purchasing products, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
