These terms and conditions (Terms) apply to purchases of prints and commissioned artworks from Peter Schuster, through www.schsuterart.com.au or by email, telephone or other direct arrangement.
By placing an order, paying an invoice or commission deposit, or otherwise confirming an order, you agree to these Terms. If a separate written commission brief or quotation conflicts with these Terms, the commission brief or quotation will apply to the extent of the inconsistency.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or another applicable law.
We take reasonable care to describe each artwork and print accurately, including its dimensions, materials, edition and framing status where relevant. Images displayed online are illustrative. Colour, texture, scale and detail may appear differently depending on lighting, photography and screen settings.
Unless the product description expressly states otherwise, dimensions refer to the artwork or printed image and do not include a frame, mount or border. Prints are supplied unframed unless expressly described as framed.
Limited edition prints will be signed and numbered by the artist where stated in the product description. Edition numbers may be allocated at his discretion and are not necessarily supplied in numerical order.
Prices are shown in Australian dollars unless another currency is expressly stated. Prices exclude GST.
Delivery charges, insurance, customs duties, import taxes, bank fees and currency conversion charges may be additional. Any additional amount payable will be shown or agreed before the order is confirmed. Duties, taxes and charges imposed by a destination country are the purchaser’s responsibility.
Payment must be made using a payment method offered on the Website or specified on the invoice. An order is not accepted until payment has been received and we have confirmed acceptance. We may decline or cancel an order before acceptance, including where an item is unavailable, incorrectly priced or affected by an obvious error. If we cancel after receiving payment, we will refund the amount paid.
Prints may be produced or prepared after an order is placed. The expected dispatch period is 3-5 working days unless a different timeframe is stated on the product page or agreed with you.
Availability is subject to any stated edition limit. Placing an item in a shopping cart does not reserve it. If a print becomes unavailable after payment, we will offer an appropriate alternative or refund the amount paid.
A commission will begin only after we have agreed in writing on the essential brief, which may include subject matter, approximate size, medium, orientation, price, expected timeframe, delivery method and any framing requirements. Reference photographs or other source material supplied by the client form part of the brief only to the extent expressly agreed.
Changes requested after acceptance may affect the price and completion date and must be agreed in writing.
A 50% deposit is required to secure the commission and for work to begin. The remaining 50%, together with any agreed delivery, framing or other charges, must be paid before the completed artwork is dispatched or collected.
If the client cancels after work has begun, the deposit is non-refundable to the extent it reasonably reflects the artist’s time, materials, work performed, loss arising from reserving the commission period and other reasonable costs. This does not limit any right to a refund that cannot lawfully be excluded, including where Peter cannot complete the commission or there is a major failure under the Australian Consumer Law.
Commissioned artwork is an original artistic interpretation, not a photographic reproduction. By commissioning Peter, the client acknowledges his established style, and allows reasonable artistic discretion in composition, colour, detail and execution, subject to the agreed brief.
Sketches, studies, digital mock-ups, progress photographs and colour displayed on screen are indicative only and are not a guarantee of the exact appearance of the finished physical artwork.
Where an approval stage is included in the agreed brief, the client must provide consolidated feedback within 5 business days. A delay in feedback may extend the completion date.
The quoted price includes one reasonable round of changes, where they are possible, at the agreed approval stage. Requests outside the brief, requests made after an approval, or additional rounds of changes may be declined or charged separately. Changes may not be possible once the relevant stage of the physical artwork has been completed.
Any completion date is an estimate unless expressly agreed in writing as a fixed deadline. Painting and drying times, material availability, illness, freight disruption and other circumstances outside reasonable control may affect completion. We will advise the client of a material delay and provide a revised estimate.
The client warrants that they have the right and any necessary permission to provide and authorise the use of photographs, logos, designs or other material supplied for the commission. The client is responsible for claims arising from material they supply, except to the extent caused by our own unlawful conduct.
We may refuse material or a proposed subject that we reasonably consider unlawful, infringing, unsafe or inappropriate.
We deliver within Australia and internationally to destinations accepted by our delivery providers. We may decline delivery to a particular destination or provide a separate quotation where delivery is unusually difficult, costly or restricted.
Delivery dates are estimates only. We are not responsible for delay caused by a carrier, customs authority, weather event or other circumstance outside our reasonable control, but we will provide reasonable assistance to trace a delayed shipment.
The purchaser must provide a complete and accurate delivery address and contact details. Additional costs caused by an incorrect address, failed delivery, refusal to accept delivery or failure to collect may be charged to the purchaser, except where the failure is ours.
For international orders, the purchaser is responsible for checking any import restrictions and paying customs duties, taxes, brokerage fees and other destination charges. We are not responsible for customs delay or seizure resulting from destination-country requirements, unless caused by our failure to describe or send the order lawfully.
Risk in an artwork passes to the purchaser on delivery to the nominated address or collection by the purchaser or their representative. Ownership passes only after we receive full payment. This clause does not limit rights relating to loss or damage in transit under applicable consumer law.
Please inspect the package and artwork promptly after delivery. If an item arrives damaged, photograph the external packaging, shipping label, internal packaging and damage before discarding anything, and contact us as soon as reasonably possible.
We may ask you to retain the packaging, provide further photographs or make the item available to the carrier. Prompt notice assists with a carrier or insurance claim, but does not remove any rights you have under applicable law. Do not return an artwork without first contacting us so that an appropriate return method can be arranged.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law where it applies. Depending on the circumstances, you may be entitled to a repair, replacement, re-performance, refund or compensation if an artwork or service fails to meet an applicable consumer guarantee.
You are not entitled to a remedy merely because you changed your mind, selected the wrong size, no longer like the artwork, perceived ordinary differences between screen images and the physical artwork, the artwork was damaged (with the exception of damage in transit) or failed to account for customs charges. However, we may choose to accept a change-of-mind return in writing on conditions agreed with you.
Because commissioned artworks are made to an agreed brief, they cannot ordinarily be returned or cancelled for change of mind. This does not affect rights arising from a failure to comply with the agreed brief or an applicable consumer guarantee.
If you believe there is a problem, contact us with your order details and a description and photographs of the issue. We will assess the matter and advise the available remedy. Where the law requires us to bear reasonable return costs, we will do so.
Copyright and all other intellectual property rights in original artworks, prints, preliminary works, photographs of artworks and Website content remain with Peter Schuster or the relevant rights holder. Purchasing an artwork transfers ownership of the physical item only. It does not transfer copyright or any right to reproduce, publish, distribute, adapt, digitise, commercialise or create derivative works from the artwork.
A purchaser may display the physical artwork for private purposes and may resell or give away that physical item, subject to applicable law. Any reproduction or commercial use requires Peter’s prior written permission. Australian artists may also have moral rights and resale royalty rights that continue after sale.
Unless confidentiality is agreed in writing before a commission begins, Peter may photograph and reproduce a commissioned artwork, including for his portfolio, Website, social media, exhibitions, publicity, prints and other artistic or promotional purposes. We will not publish the client’s private personal information without permission.
We may correct errors and update product descriptions, prices, availability and these Terms. A change to these Terms will not retrospectively alter an order already accepted, unless required by law or agreed with you.
We do not guarantee uninterrupted access to the Website. To the extent permitted by law, we are not liable for loss caused solely by temporary Website unavailability, malicious code introduced by a third party or reliance on general Website content, except where the loss results from our failure to exercise due care or another liability that cannot be excluded.
We collect and use personal information to process orders, communicate with clients, arrange payment and delivery, manage commissions, meet legal obligations and, with consent where required, provide news or marketing communications. Further details are set out in our Privacy Policy.
Payment providers, delivery providers and other service providers may handle personal information under their own privacy terms. Do not send payment card details by ordinary email.
To the maximum extent permitted by law, we are not liable for indirect or consequential loss that was not reasonably foreseeable, or for loss caused by the purchaser’s misuse, improper handling or hanging, unsuitable framing, display conditions, moisture, direct sunlight, temperature, pests or failure to follow care instructions.
Where liability can lawfully be limited, our liability will be limited, at our option, to replacing or repairing the goods, supplying equivalent goods, re-performing the services, or paying the reasonable cost of doing so. This limitation does not apply where it would be unfair or unlawful, or to liability that cannot be excluded or limited.
We are not responsible for delay or failure caused by an event outside our reasonable control, including natural disaster, fire, flood, serious illness, government restriction, industrial action, material shortage, carrier disruption or interruption to utilities or communications. We will take reasonable steps to minimise the effect and will contact the purchaser if an order is materially affected. This clause does not remove any right to terminate or obtain a refund where required by law.
If a concern arises, please contact us and provide the order or invoice number and relevant details. We will try to resolve the issue promptly and in good faith.
Nothing in this clause prevents either party from seeking urgent relief or using a consumer protection body, tribunal or court with jurisdiction.
These Terms are governed by the laws of New South Wales, Australia. Subject to any right to bring a claim elsewhere under applicable consumer law, the parties submit to the courts and tribunals of that state or territory and the Commonwealth of Australia.
If part of these Terms is invalid or unenforceable, it will be read down or severed to the minimum extent necessary and the remaining provisions will continue.
A failure or delay in enforcing a right is not a waiver of that right. These Terms, together with the accepted order, quotation and commission brief, record the agreement between the parties regarding the relevant purchase.
