Website Terms and Conditions of Use and Sale

1. About the Website

(a) Welcome to hollykayparsons.com (Website). The Website provides users with an opportunity to browse and purchase original artworks, sculptural works, art objects and related products listed for sale through the Website (Products). The Website provides this service by granting users access to the content, information, artwork listings, purchase links and related services available on the Website (Purchase Services).

(b) The Website is operated by Holly Kay Parsons trading as Cloud River (ABN 92 843 644 992) (Holly Kay Parsons, we, us or our). Access to and use of the Website, the Products and the Purchase Services is provided by Holly Kay Parsons.

(c) Please read these terms and conditions (Terms) carefully. By using, browsing, reading or purchasing through the Website, you agree to be bound by these Terms. If you do not agree with these Terms, you must cease use of the Website and the Purchase Services immediately.

(d) Holly Kay Parsons may review and update these Terms by publishing the updated Terms on the Website. Any changes take effect from the date of publication. Users should keep a copy of the Terms for their records.

2. Acceptance of the Terms

(a) You accept these Terms by:

(i) remaining on, browsing or using the Website;

(ii) using the Purchase Services;

(iii) purchasing or attempting to purchase a Product through the Website or through a linked payment provider; or

(iv) clicking to accept or agree to the Terms where that option is made available.

(b) You must not use the Website or Purchase Services if you do not agree to these Terms.

3. Use of the Purchase Services

(a) In order to access the Purchase Services, purchase a Product or complete order fulfilment, you may be required to provide personal information, including:

name;
email address;
delivery address;
billing address;
contact telephone number; and
any other information reasonably required to process, deliver or administer your order.

(b) You may not use the Purchase Services and may not accept these Terms if:

(i) you are not of legal age to form a binding contract with Holly Kay Parsons; or

(ii) you are barred from receiving the Purchase Services under the laws of Australia or any other applicable jurisdiction.

4. Your Obligations as a User of the Website

(a) As a user of the Website, you agree to comply with these Terms and all applicable laws, regulations and generally accepted practices in the relevant jurisdictions.

(b) You agree that:

(i) access to and use of the Website is limited, non-transferable and provided solely for the purpose of using the Website and Purchase Services made available by Holly Kay Parsons;

(ii) you will not use the Website or Purchase Services for any illegal, fraudulent, misleading, deceptive, unauthorised or unlawful purpose;

(iii) you will not collect email addresses or other contact details from the Website for the purpose of sending unsolicited communications;

(iv) you will not frame, scrape, copy, reproduce, interfere with, reverse engineer, disrupt, overload or misuse the Website or Purchase Services;

(v) you will not use automated systems, bots, crawlers or similar tools to access or interact with the Website except to the extent permitted by law and by ordinary search engine indexing;

(vi) you will not engage in fraudulent transactions, chargeback abuse, payment disputes without legitimate cause, or any conduct intended to avoid payment for a Product; and

(vii) Holly Kay Parsons may remove, block or take appropriate action in relation to commercial advertisements, affiliate links, unauthorised solicitations or other misuse of the Website.

5. Products and Artwork Description

(a) Products listed on the Website may include original, edition-of-one sculptural works, transformed domestic chairs, found-object artworks, art objects, editioned photographic prints, editioned hand-printed woodblock prints, works on paper or other works made or offered by Holly Kay Parsons.

(b) Unless expressly stated otherwise in a listing, each original artwork is a unique physical work. Where a Product is an editioned photograph or editioned hand-printed woodblock print, the relevant edition details, if any, will be stated in the Product listing.

(c) Holly Kay Parsons will use reasonable endeavours to describe each Product accurately, including by providing available information about title, materials, dimensions, year, condition, images and price.

(d) You acknowledge that original artworks and sculptural works may include irregularities, signs of age, prior use, marks, surface variation, handmade variation, material transformation, patina and other characteristics arising from the nature of the work, the use of found objects or the artist's process.

(e) Images on the Website are provided for identification and presentation purposes. Colour, scale, finish, texture and appearance may vary between screen display, photography conditions and the physical Product.

6. Purchase of Products, Price and Payment

(a) In using the Purchase Services to purchase a Product through the Website, you agree to pay the purchase price listed on the Website for that Product (Purchase Price) and any applicable delivery charge shown at checkout or otherwise agreed in writing.

(b) All prices are listed in Australian dollars (AUD).

(d) Payment may be made through Stripe or another third-party payment gateway identified at checkout (Payment Gateway Provider). Your use of the Payment Gateway Provider may also be subject to that provider's own terms, privacy policy and legal documentation.

(e) Holly Kay Parsons does not see, store or process full payment card details. Payment card information is handled by the Payment Gateway Provider.

(f) A Product listing on the Website is an invitation to make an order. It is not a binding promise by Holly Kay Parsons to sell the Product until the order is accepted under clause 6(g).

(g) A contract for sale is formed only when:

(i) full payment has been confirmed as received in cleared funds; and

(ii) Holly Kay Parsons has issued an order confirmation or receipt.

(h) Holly Kay Parsons may refuse, cancel or decline an order before dispatch, including where:

(i) the Product has already sold or is otherwise unavailable;

(ii) the listing contains an error;

(iii) payment has not cleared;

(iv) there is a reasonable concern about fraud, payment misuse or chargeback risk; or

(v) fulfilment is not reasonably possible.

(i) If an order is refused or cancelled after payment has been received, Holly Kay Parsons will refund the amount paid for that order.

7. Title and Risk

(a) Title in a Product passes to you only when Holly Kay Parsons has received the Purchase Price and any applicable delivery charges in full and cleared funds.

(b) Unless otherwise agreed in writing, Products will be shipped by Australia Post Parcel Post or an equivalent tracked parcel or courier service, with Signature on Delivery and insurance where available and appropriate for the Product value.

(i) you;

(ii) your nominated agent or representative; or

(iii) the delivery address provided by you at checkout, where delivery is signed for by a person at that address.

(d) Authority to leave, safe drop or unattended delivery is not available unless Holly Kay Parsons expressly agrees in writing before dispatch.

(e) If you collect a Product in person, risk passes to you when the Product is handed to you or your nominated representative.

(f) If you arrange your own courier or carrier, risk passes to you when the Product is handed to that courier or carrier.

(g) Until risk passes under this clause, the Product remains at the risk of Holly Kay Parsons in transit, subject to your obligations to provide accurate delivery information and cooperate with any delivery or damage investigation.

8. Delivery

(a) Delivery is available within Australia unless otherwise stated on the Website or agreed in writing.

(b) International delivery is not available through standard checkout unless Holly Kay Parsons expressly agrees in writing and provides a separate quote.

(c) Delivery fees, methods and expected dispatch timeframes may be stated on the Website, at checkout, on a shipping page or in written correspondence.

(d) Holly Kay Parsons may use third-party postal, courier, freight or delivery providers (Delivery Service Providers) to fulfil delivery.

(e) You acknowledge that Delivery Service Providers are independent third parties. Holly Kay Parsons is not responsible for delays, acts or omissions of a Delivery Service Provider except to the extent required by law or expressly stated in these Terms.

(f) You must ensure that all delivery information you provide is complete, current and accurate. Holly Kay Parsons is not responsible for loss, delay, misdelivery or additional cost caused by incorrect or incomplete delivery information supplied by you.

(g) If the Delivery Service Provider records that delivery has occurred and you cannot locate the Product, you must contact Holly Kay Parsons at studio@hollykayparsons.com as soon as reasonably possible so that an inquiry can be raised.

9. Damage in Transit

(a) If a Product arrives damaged, you must notify Holly Kay Parsons at studio@hollykayparsons.com, preferably within 24 hours to allow lodgement of a claim to Australia Post, and at most within 7 days of delivery.

(b) Your notice should include:

(i) proof of purchase;

(ii) clear photographs of the outer packaging;

(iii) clear photographs of any internal packaging or wrapping;

(iv) clear photographs of the damage to the Product; and

(v) a written description of the damage and the condition in which the Product arrived.

(c) You must retain the Product and all packaging as received until Holly Kay Parsons has had a reasonable opportunity to assess the matter and, where applicable, make inquiries with the Delivery Service Provider.

(d) Where damage occurred before risk passed to you under clause 7, Holly Kay Parsons will take reasonable steps to remedy the matter, which may include repair, refund of the Purchase Price paid, or another remedy required by law.

(e) Because Products may be unique or edition-specific, replacement may not be available or practicable.

(f) Notification outside the 7-day period does not exclude any non-excludable rights you may have under the Australian Consumer Law, but may affect the practical ability to verify transit damage or pursue a claim with the Delivery Service Provider.

10. Returns, Refunds and Australian Consumer Law

(a) Except as required by law, Holly Kay Parsons does not offer returns, refunds or exchanges for change of mind.

(b) Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or other protection under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot lawfully be excluded, restricted or modified.

(c) Where any condition, warranty, guarantee, right or remedy is implied or imposed by law and cannot lawfully be excluded, restricted or modified, these Terms must be read subject to that law.

(d) To the extent permitted by law, and where a Product is defective, damaged before risk passes to you, materially different from its description, or otherwise gives rise to a remedy that cannot lawfully be excluded, Holly Kay Parsons may provide the remedy required by law, which may include:

(i) repair of the Product, where repair is reasonably possible and appropriate for the Product;

(ii) refund of the Purchase Price paid for the Product; or

(iii) another remedy required by law.

11. Warranty

(a) Subject to clauses 10 and 12, Holly Kay Parsons does not provide any express warranty in relation to Products except as expressly stated in these Terms or in a Product listing.

(b) All implied warranties, guarantees, representations or conditions are excluded to the maximum extent permitted by law.

(c) Nothing in this clause limits or excludes any liability that cannot lawfully be limited or excluded, including under the Australian Consumer Law.

12. Copyright, Moral Rights and Intellectual Property in Artworks

(a) Unless expressly agreed in writing, purchase of a Product transfers ownership of the physical Product only and does not transfer copyright, moral rights or any other intellectual property rights in the Product, the artwork embodied in the Product, any image of the Product, or any related artistic work.

(b) Holly Kay Parsons retains all copyright and other intellectual property rights in and to the artworks, including original sculptural works, transformed domestic chairs, found-object works, art objects, photographs, drawings, studies, written descriptions and related creative materials, except to the extent those rights are owned by a third party or expressly assigned in writing.

(i) reproduce, copy, scan, photograph for commercial use, publish, adapt, communicate, distribute or otherwise exploit the Product or any image of the Product;

(ii) create prints, merchandise, editions, derivatives or reproductions based on the Product;

(iii) use the Product or any image of the Product for advertising, promotion, branding, commercial publication, product packaging, resale of images, or other commercial purposes;

(iv) mint, tokenise, register, sell, license or otherwise represent the Product or any image of the Product as a non-fungible token, blockchain asset, digital collectible or similar digital asset;

(v) use the Product in a way that suggests endorsement, sponsorship, collaboration, affiliation or approval by Holly Kay Parsons where no such relationship exists; or

(vi) remove, obscure or misattribute any artist credit, attribution, signature, certificate, label or provenance information associated with the Product.

(d) You may display the physical Product after purchase, subject to the restrictions in this clause.

(e) You may photograph and share images of the Product for personal, non-commercial purposes, provided that the use is not misleading, derogatory, commercial, unlawful or inconsistent with these Terms. Artist credit to Holly Kay Parsons is requested where reasonably practicable.

(f) You may display the physical Product in a private home, studio, workplace, office, hospitality venue, commercial premises or other interior setting, provided that the display does not involve reproduction, merchandising, paid licensing, advertising use, misattribution, misleading endorsement or other commercial exploitation of the Product or any image of the Product.

(g) Any use of the Product or any image of the Product for advertising, branding, merchandising, licensing, ticketed exhibition, commercial publication, paid display, collaborative commercial project, media campaign or other promotional or revenue-generating purpose requires prior written consent from Holly Kay Parsons unless otherwise permitted by law.

(h) If you resell or transfer the physical Product, these copyright and intellectual property reservations continue to apply to the Product and to any subsequent owner.

13. Copyright and Intellectual Property in the Website

(a) The Website, Purchase Services and related website content are subject to copyright and intellectual property rights.

(b) Unless otherwise indicated, all rights, including copyright, in the Website content and compilation of the Website, including text, graphics, logos, button icons, video images, audio clips, software, photographs and design elements (Content), are owned or controlled by Holly Kay Parsons or her contributors.

(i) any business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Holly Kay Parsons; or

(ii) any right to use or exploit a business name, trading name, domain name, trade mark, industrial design, patent, registered design, copyright, system, process, adaptation or modification owned or controlled by Holly Kay Parsons.

(d) You may not, without prior written permission from Holly Kay Parsons and any other relevant rights owner, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt, change, copy or reproduce the Content for any purpose.

(e) This prohibition does not extend to material on the Website that is expressly designated as freely available for reuse, subject to any conditions stated with that material.

14. Privacy

(a) Personal information provided through use of the Website or Purchase Services is handled in accordance with the Privacy Policy available on the Website.

(b) By using the Website or Purchase Services, you acknowledge that you have had an opportunity to read the Privacy Policy.

15. General Disclaimer

(a) Holly Kay Parsons will use reasonable endeavours to ensure that information on the Website is accurate and current, but does not warrant that the Website, Content, Product listings or Purchase Services will be error-free, uninterrupted, complete or suitable for any particular purpose.

(b) Product images, colours, dimensions, finishes, scale and presentation may differ from what is displayed on the Website due to screen settings, photography conditions, lighting, handmade variation and the nature of original artworks.

(c) Subject to clause 10 and to the extent permitted by law, all terms, guarantees, warranties, representations or conditions not expressly stated in these Terms are excluded.

(d) Use of the Website, Purchase Services and Content is at your own risk. The Website and Purchase Services are provided on an “as is” and “as available” basis, except to the extent otherwise required by law.

(e) Holly Kay Parsons is not liable for loss or damage arising from:

(i) failure of performance, interruption, defect, delay, computer virus, harmful component, loss of data, communication line failure, unlawful third-party conduct, unauthorised access, theft, destruction or alteration of records;

(ii) reliance on the accuracy, suitability or currency of information on the Website;

(iii) third-party links, platforms, providers, payment gateways or delivery services;

(iv) failure to complete a transaction; or

(v) defamatory, threatening, offensive, unlawful or unauthorised conduct of third parties,

except to the extent liability cannot lawfully be excluded.

16. Limitation of Liability

(a) Subject to clause 10 and to the maximum extent permitted by law, the total liability of Holly Kay Parsons arising out of or in connection with the Website, Purchase Services, Products or these Terms, whether arising under contract, tort, statute, equity or otherwise, is limited to the Purchase Price paid by you for the relevant Product.

(b) Where you have not paid a Purchase Price, the total liability of Holly Kay Parsons is limited to the resupply of the relevant information or Purchase Services.

(c) To the maximum extent permitted by law, Holly Kay Parsons is not liable for any indirect, incidental, special, consequential or exemplary loss or damage, including loss of profit, loss of opportunity, loss of goodwill, loss of business reputation or other intangible loss.

(d) Nothing in this clause excludes, restricts or modifies any liability that cannot lawfully be excluded, restricted or modified.

17. Termination

(a) These Terms continue to apply until terminated by either you or Holly Kay Parsons in accordance with this clause.

(b) You may terminate your use of the Website and Purchase Services at any time by ceasing use of the Website.

(i) you breach these Terms;

(ii) Holly Kay Parsons is required to do so by law;

(iii) providing the Website or Purchase Services is no longer commercially viable;

(iv) your conduct affects the name, reputation, rights or operations of Holly Kay Parsons; or

(v) your conduct violates the rights of another person.

(d) Termination does not affect rights, obligations or liabilities that have accrued before termination or clauses intended to survive termination, including clauses relating to intellectual property, payment, limitation of liability, disputes and governing law.

18. Indemnity

(a) You agree to indemnify Holly Kay Parsons, her employees, agents, contributors, third-party content providers and licensors from and against any loss, damage, liability, cost or expense arising from:

(i) your breach of these Terms;

(ii) your misuse of the Website, Purchase Services, Content or Products;

(iii) your fraud, unlawful conduct, chargeback abuse or payment misuse;

(iv) your infringement of any third-party rights; or

(v) any claim arising from your unauthorised commercial use, reproduction, publication, distribution, exhibition, adaptation or exploitation of a Product, artwork or Content.

19. Dispute Resolution

(a) If a dispute arises in connection with the Website, Purchase Services, Products or these Terms, either party may give written notice to the other party describing the nature of the dispute and the outcome sought.

(b) The parties must use reasonable endeavours to resolve the dispute in good faith.

(c) If the dispute cannot be resolved within a reasonable time, either party may refer the matter to mediation or commence proceedings in an appropriate Australian court or tribunal.

(d) Nothing in this clause prevents either party from seeking urgent interlocutory, injunctive or equitable relief.

20. Venue and Jurisdiction

(a) The Website and Purchase Services are intended primarily for use by residents of Australia.

(b) Subject to any non-excludable rights you may have under applicable law, the courts of New South Wales, Australia have jurisdiction in relation to any dispute arising out of or in connection with the Website, Purchase Services, Products or these Terms.

21. Governing Law

(a) These Terms are governed by the laws of New South Wales, Australia.

(b) Any dispute, controversy, proceeding or claim arising out of or in any way relating to these Terms or the rights created by these Terms must be governed, interpreted and construed under the laws of New South Wales, Australia, without reference to conflict of law principles.

22. Severance

(a) If any part of these Terms is found to be void, invalid, unlawful or unenforceable by a court of competent jurisdiction, that part must be severed and the remaining provisions continue in force.

23. Contact

Questions about these Terms, the Website, Purchase Services or Products should be sent to:

studio@hollykayparsons.com