Terms

The following information sets out the terms of use of hannahnowlan.au (“Website”), HANNAH NOWLAN, ABN 27 358 256 547, (“we”, “us” and “our”) are the owners and operators of this website. Please read these terms of use carefully as they apply to your use of this website including any content on it. By accessing or using this Website you agree to be bound by these terms of use.

  • This Website is subject to copyright and possibly other intellectual property rights. This Website is the copyright property of © Hannah Nowlan. The text, images, artworks, and all data, particularly the paintings and photographs featured on this Website, are protected by copyright.

  • Hannah Nowlan is committed to protecting your personal information in accordance with the Australian Privacy Principles in the Privacy Act as well as other applicable legislation. In using this Website, you may give us your personal information and grant us consent to collect, store, use and disclose such information in accordance with our privacy policy. You may update any personal information you have given us by emailing studio@hannahnowlan.au.

    Site data, such as the number of times this Website has been visited, may be collected, stored, used and disclosed to third parties by us. By using the Website, you consent to us collecting, storing, using and disclosing this type of information in accordance with these terms of use.

  • We grant you a limited, non-transferable licence to access and use this Website solely for your personal, non-commercial purposes. We (or our licensors) retain all rights, titles, and interests in and to the Website, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or licences you to exercise any intellectual property rights.

    Except as provided in these terms of use, permission to use or copy the Website for any other purpose is expressly prohibited unless prior written consent is obtained from us. You may contact us at hello@hannahnowlan.com.au if you wish to seek such consent. Subject to applicable law, we may revoke your permission at any time and may suspend or deny, in our sole discretion, your access to or use of the Website without notice.

  • We encourage you to provide links to this Website. While you may use the name and URL www.hannahnowlan.com.au in the text of any such link, you may not use the Hannah Nowlan logo or any of our other trademarks without our prior written consent. You must not frame the Website or represent or imply that any part of the Website belongs to anyone other than us. If we notify you that we object to how you provide links to this Website, you must immediately cease providing such links.

    This Website may contain links to other third-party websites and also advertisements that include embedded links. We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement.

  • While every effort has been made to show as accurately as possible the colours of the artworks, framing and materials that appear on this Website we cannot guarantee that your computer monitor will display the colour of the artworks accurately.

    Some of the information on this Website may be provided by third parties, including descriptions and photographs of the artworks. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete.

  • You are not required to register to use this Website. However, certain features on the Website may only be available if you do register.

    This Website provides various ways for you to ‘opt in’ to receive emails from us, such as our mailing list for alerts when new artworks are made available, upcoming exhibitions, invitations and artist news. You can manage these emails from us and elect not to receive them by using the unsubscribe facility at the base of our emails.

    When registering to create a HN Collector customer account on this Website, you may be requested to provide personal information such as your name, email address and date of birth.

    We will deal with your personal information in accordance with our privacy policy. We may provide you with an initial password (which you may be able to change at a later stage) and a personal username. You agree not to share your password with anyone else.

    Without notice, we may review, modify, or remove any material you provide at our absolute discretion, including where we believe it violates these terms of use. We may suspend or cancel your use of the Website customer account function, either temporarily or permanently, if you breach, or we reasonably believe you to have breached, any of these terms of use.

    You must keep any username and password that are allocated to you private and not disclose them to any other person.

    If you have lost or forgotten your password, you can request that we send a reminder email containing your password to your registered email address. You may cancel your registration anytime by notifying us at studio@hannahnowlan.au and providing your username and email address.

  • If you opt to work with a third party, you do so at your own risk. Hannah Nowlan will not be held responsible or liable for any loss, damage, negligence or inconvenience caused to you or your artwork by a third party, such as third-party fine art framers, artwork installers and artwork conservators.

  • We may, from time to time and without notice, temporarily or permanently, vary, modify or discontinue, any or all of the Website.

  • Neither party will be liable for any delay in performing any of its obligations under these terms of use if such delay is caused by circumstances beyond the reasonable control of that party.

  • If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible, and the remainder will remain in full force and effect.

    These terms of use are governed by the laws of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.

    These terms of use constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays, whether electronic, oral or written, between us and you in relation to the Website.

    Your use of the Website is conducted electronically, and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.

    The provisions of these terms of use which by their nature survive termination or expiry of these terms of use, will survive termination or expiry of these terms of use. No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have. The word “including”, when used in these terms of use, is not a term of limitation.

The following information sets out the purchase terms of hannahnowlan.au (“website”). Please read these purchase terms carefully as they apply to any items and artworks you purchase on this website, (“Work”, “products”, “artworks” and “items”) refer to the goods sold on this website. By purchasing from this Website you agree to be bound by these terms of purchase and our website terms of use.

  • All prices on the Website are displayed and charged in Australian dollars AUD and are inclusive of GST. We reserve the right to change pricing without notice.

    The amount payable to Hannah Nowlan for an Order (Order Total) will be the total of the following amounts; (a) the sum of the price of each item ordered as indicated on the website at the time of submitting the Order (Item Subtotal), and (b) the cost of Shipping & Handling determined in accordance with our shipping policies. You must pay the Order Total when submitting the order on the Website.

  • All orders through this Website are subject to acceptance by Hannah Nowlan. Once you submit your order, you will receive a confirmation receipt of your order through the email you provide during checkout. This confirmation receipt does not constitute an acceptance of your order. Hannah Nowlan reserves the right to refuse any order for any reason. Hannah Nowlan may cancel or reject your order without any liability to you. If we cancel your order for any reason, you will be given a full refund for any amount paid for the order. Hannah Nowlan only accepts your offer, thus concluding the contract of sale for the product(s) ordered by you, when we ship the product(s) and send confirmation through the email you provide during checkout that your order has been shipped to you.

  • Please refer to our shipping policies.

  • Please refer to our returns policies.

  • Hannah Nowlan represents and warrants that they own all rights in the artworks for sale on this website, including copyright.

  • The artist, Hannah Nowlan, retains all intellectual property, including all copyright, 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. The Purchaser will comply with the moral rights provisions of the Copyright Act 1968 (Cth) in relation to the Artist’s moral rights in the Work.

    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 other such artist’s resale royalty scheme in effect under Australian law at the time of 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.

  • The purchaser must give, and use reasonable efforts to ensure that the Artist is given, reasonable access to the Work so that the Artist or the Artist’s representatives can: (a) reproduce the Work; and (b) include the Work in public exhibitions.

    The artist must (a) give the Purchaser at least two weeks’ written notice that the Artist requires access to the Work and the reasons for the access; (b) is responsible for safekeeping the Work while it is in the Artist’s possession or control, and (c) is responsible for the return of the Work to the Purchaser or other owner.

    Without limiting any rights that the Artist may have under Australian law, if the Purchaser intends to destroy the Work or is aware that the Work may be destroyed, the Purchaser must use the Purchaser’s best efforts to give the Artist a reasonable opportunity to document or remove the Work or both, at the Artist’s choice.

    If the Artist asks the Purchaser to return the Work, the Purchaser will use the Purchaser’s best efforts to return the Work or arrange for the Work to be returned at no cost to the Artist.