Terms and Conditions

THE POET'S MADNESS

Last Updated: 1 May 2025

1. INTRODUCTION

The Poet's Madness is an art gallery and business, owned, controlled and operated by Dany Mary Hatem t/as The Poet's Madness (ABN: 23 418 956 563) (The Poet's Madness, we, our, and/or us), which sells artworks and other goods (Products) by artists and creators (each an Artist) from across the world.
The Poet's Madness also offers a range of services (Services), which are not discussed under these Terms. The terms and conditions relating to our Services are set out under separate service agreements. Where applicable, we will provide you with a copy of the relevant service agreements.
The Poet's Madness website, located at https://thepoetsmadness.com/ (Website), is owned, controlled and operated by us.
As a condition of using our Website and purchasing Products from our Website, you agree to the following terms and conditions (Terms) and to be legally bound by these Terms.
If you do not agree with the Terms, you should stop using the Website and should not purchase Products from the Website.
The Poet's Madness has the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use the Website and by purchasing any Products you agree to be governed by the Terms as varied from time to time.

2. PRICING AND ORDERING

Product prices and shipping fees (if applicable) are specified on the Website. We reserve the right to change product and shipping pricing at our discretion and without notice.
Unless otherwise stated, all prices are in Australian Dollars.
GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) is added to the order total for all shipments within Australia.
By placing an order via the Website (Order), you are offering to purchase the Products on and subject to these Terms.
To purchase Products via our Website, you must use a valid credit and debit card.
We use third party payment processors (Shopify Payments, powered by Stripe), to process payments. We do not collect or record any credit card details provided by you when making purchases via the Website.
You are responsible for any credit card fees or surcharges that apply to your payment.
While we try our best to fulfil all Orders, you agree that we have the right to accept, reject or cancel an Order for any reason at any time, and all Orders are subject to availability of the relevant Products.
If we cancel an Order, we will provide a full refund of all monies paid to us, in relation to the cancelled Order.
An Order confirmation will be sent to you in acknowledgement of receipt of your Order (Order Confirmation). This Order Confirmation supersedes all prior correspondence in relation to the Order (verbal, written, graphic or otherwise).
Any changes to the Order may only be made with our written approval.

3. PROMOTIONS

We may offer sales and discount codes (each a Promotion) from time to time, and you agree that:

Promotions apply to full priced items only;
Only one discount code can be used in connection with an Order;
Discount codes cannot be used in conjunction with any other offer or Promotion;
Discount codes are not transferable;
Discount codes must be used by the date specified (where applicable);
Promotions cannot apply retrospectively to previous Orders; and
We may change or cancel any Promotion at any time and without notice within our sole discretion.

4. SHIPPING AND DELIVERY

We aim to process and send you an Order Confirmation within 24 hours of you placing an Order.
Subject to stock levels and whether or not your Order requires framing, we aim to ship Orders:
1. For Products that do not require framing: Within 7 days of the Order being placed; or
2. For Products that require framing: Within 21 days of the Order being placed.
When placing an Order, you agree that it is your responsibility to provide accurate information to us. Where inaccurate delivery information is provided, you agree that a redelivery fee may apply and is payable by you.
Any date or period of time given by us in relation to the processing, confirmation and shipping of an Order (either in these Terms or otherwise) is intended as an estimate only and may be subject to change. You agree that we are not responsible for any Loss suffered by you where an Order is not processed, confirmed or delivered within the estimated time frame. We will notify you via email if there are any significant processing, confirmation or delivery delays in relation to your Order.
All purchases are posted via our preferred courier service, as determined by us from time to time, based on your location and the Product purchased.
We ship within Australia only.
Once an Order is dispatched, we will send you a confirmation email with tracking information.
You are responsible for paying shipping costs unless we offer you free shipping. Shipping costs will be outlined at the checkout prior to payment.
We kindly request that you inspect all Products on delivery to confirm they are what you ordered and do not have any faults or defects. If required by our delivery agent, you must also note any damage on the delivery docket presented to you by the delivery agent for signature.
If you believe that your Order has been lost or damaged in transit, please contact: gallery@thepoetsmadness.com.

5. TITLE AND RISK

Title in the Product(s) comprising an Order is retained by the Artist and will not pass to you until full payment in cleared funds is received by us.
To the extent permitted by law, all risk of loss or damage to the Product(s) passes to you when the Order is delivered to you at your nominated delivery address.

6. AUSTRALIAN CONSUMER LAW

Our goods come with 'consumer guarantees' (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Terms.
Nothing in these Terms shall override your rights as a consumer under the Australian Consumer Law, your Consumer Guarantees or any other non-excludable rights you may have at law.

7. REFUND AND RETURNS POLICY - CHANGE OF MIND

Due to the nature of the Products we offer, we do not offer refunds or returns due to 'change of mind' (subject to your rights under clause 6). We encourage you to take your time selecting the Products you wish to order.

8. REFUND AND RETURNS POLICY - FAULTY OR INCORRECT PRODUCTS

8.1. Notification of faulty or incorrect Products

If you believe any of the Products purchased on or through the Website are faulty, defective, have a problem, or are not what you ordered, please send us an email at gallery@thepoetsmadness.com within 7 days of receiving the Products, including the following information (Fault Notice):

Your name;
Date of purchase;
Order number;
Product(s) being returned;
Reason for return;
Photos of any fault or defect (if applicable); and
Whether you would like a replacement Product of the same value (subject to availability) or a full refund of the Product.

8.2. Returns Process

If, following receipt of a Fault Notice, we agree there is an issue with your Product:
1. We will confirm our approval of your Fault Notice;
2. Send you a prepaid shipping label;
3. Within 7 days of receiving the prepaid shipping label, you must return the Product to us in its original packaging (if you no longer have this packaging, you will need to purchase additional packaging at your expense) and using the prepaid shipping label; and
4. Subject to you following the requirements set out in this clause 8.2(a) and upon receipt of the returned Product at the designated return destination, you will be entitled to receive a remedy outlined in clause 8.3 below.
If, following receipt of a Fault Notice, we are unable to determine whether there is an issue with your product, we will ask you to return the Product to us for further assessment. In such circumstances, we will:
1. Inform you that further information is required to process your Fault Notice;
2. Send you a prepaid shipping label;
3. Within 7 days of receiving the prepaid shipping label, you must return the Product to us in its original packaging (if you no longer have this packaging, you will need to purchase additional packaging at your expense) and using the prepaid shipping label;
4. Subject to you following the requirements set out in this clause 8.2(b), and upon receipt of the Product at the designated return destination, we will inspect the Product and inform you whether we agree there is an issue with your Product; and
5. If we agree there is an issue with the Product, you will be entitled to receive a remedy outlined in clause 8.3 below; or
6. If we do not believe there is an issue with the Product, we may, in our discretion, offer:
  1. An exchange for another Product of equal value;
  2. A gallery credit (Credit) equal to the value of the Product, which can be used to purchase Products from our Website and is valid for 1 year from the date you are provided the Credit; or
  3. Assistance from us to resell the Product on your behalf, subject to further terms, such terms to be agreed upon between us and you.

8.3. Remedies Available

Incorrect Product delivered: Where a Product is returned under clause 8 and the Product is not the Product ordered, you are entitled (at your election and subject to availability) to a replacement Product of the same value or a full refund and we will pay for return shipping costs.
Product delivered with faults, defects or other problems: Where a Product is returned under clause 8 and the product has a minor or major problem (as defined in the Australian Consumer Law), you are entitled (at your election and subject to availability) to a replacement Product of the same value or a full refund and we are responsible for paying return shipping costs.

9. USER ACCOUNTS

We may assign you a username and/or password and account information in order for you to access and use certain areas of the Website or require you to establish your own account access using a username and password chosen by you (Login). Each time you use your Login, you will be deemed to be authorised to access and use the Website in accordance with the Terms.
It is your sole responsibility to protect the security and confidentiality of your Login and for all activities on the Website using the Login, including without limitation all communications, transmissions, Orders and obligations (including, without limitation, financial obligations) incurred on the Website through such access or use of your Login.
You must immediately notify us of any unauthorised use of your Login or any other actual or threatened breach of the Website's security that you may be aware of.

10. PERSONAL INFORMATION

We are committed to the transparent management of your personal information.
So that we can fulfil your Orders, we will need to collect certain personal information from you.
We agree to take all reasonable steps to protect your personal information submitted to us via the Website in accordance with our Privacy Policy located at: https://thepoetsmadness.com/policies/privacy-policy

11. PRODUCT DISCLAIMERS

Subject to clause 6, by purchasing any products from our Website, you agree and acknowledge that the Products purchased online may differ in person based on lighting, location, and the screen the item is viewed on.

12. INTELLECTUAL PROPERTY

The Poet's Madness is a trade mark of Dany Mary Hatem $t/as$ The Poet's Madness. Other product and company names displayed on the Website may also be trademarks of their respective owners.
We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, artworks, designs, source code and data, and any other copyright matter contained in or displayed on the Website (Content).
While you may browse the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website or the Content for any other purpose.
No intellectual property rights in the Products pass to you by virtue of these Terms or by your purchase of any Products.

13. THIRD PARTY LINKS

The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the products and services provided on that third party website. You agree that we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.

14. LIMITATION OF LIABILITY

Subject to clause 6 of these Terms, without overriding any Consumer Guarantees, and only to the extent permitted by law, you agree:

Your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you for all types of Loss resulting from your use of or reliance on this Website (including all Content), however incurred;
The Poet's Madness does not make any representations, warranties or guarantees in relation to the supply of goods or services by The Poet's Madness via the Website; and
The Poet's Madness hereby disclaims all liability in connection with any Loss arising out of or in connection with any use of, or reliance on, the Website.

15. INDEMNITY

You indemnify us (and our representatives) from and against all Claims and Loss, which may be bought against or suffered or incurred by us (or our representatives) arising out of or in connection with a material breach of these Terms by you (or your representatives) or an unlawful or negligent act or omission carried out by you (or your representatives) in relation to these Terms.
We have an obligation to take reasonable steps to mitigate any Claim or Loss which may be made or brought against or suffered or incurred by us.
Your obligation to indemnify us under this clause 15 will be reduced proportionally to the extent that we caused or contributed to the Loss or Claim.

16. GOVERNING LAW

The Terms are governed by and are to be construed in accordance with the laws of the State of New South Wales, Australia and you agree that the courts of the New South Wales, Australia will exclusively adjudicate over any dispute in relation to these Terms.
If any term of these Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail.
This Website may be accessed from outside Australia. We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

17. DEFINITIONS

Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.
Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, and includes Consequential Loss.