Terms of service

Overview

Welcome to my website at www.sheridaneveline.com (Website). I am Sheridan Eveline, and My ABN is 87 817 030 352 (I/Me/My).

Please read all the important information below, which forms the terms of Your use of My Website (Terms). These Terms also set out both My and Your rights and responsibilities when You use My Website.

1. Application of these Terms

1.1. These Terms apply in relation to:

(a) any Goods I sell to You, or Services I perform for You; and

(b) Your use of My Website, even if You are just browsing.

1.2. In the event of a conflict between the provisions of these Terms and the terms or conditions of any purchase orders or other contracts or documents that You use, the provisions that provide Me with the highest rights will prevail.

1.3. By placing an order or using the website, You are accepting these Terms.

2. Application of the Australian Consumer Law

2.1. If You are a consumer under the Australian Consumer Law, the Australian Consumer Law applies to the extent that it is inconsistent with these Terms.

2.2. If there is a minor problem (as defined in the Australian Consumer Law) with the Goods You buy from Me, I may replace the Goods instead of offering You a refund.

2.3. If there is a major problem with the Goods, a refund or a replacement may be available.

2.4. If there is a minor failure (as defined in the Australian Consumer Law) with the Services you purchase from Me, then I may resupply the Services instead of providing your with a refund.

2.5. If there is a major problem with the Services, then a refund may be available.

3. Your use of My Website 

3.1. You may use or access My Website to view information about the Services I provide, and the Goods and Services I offer for sale.

3.2. The Services I offer include:

(a) Custom Illustrations, where I can turn Your favourite picture or image of Your choice into a black and white line illustration, and

(b) Brand Partnerships, where I work with brands to bring a visual story, personality and feeling to their audience. I share My signature black and white art and line illustrations with brands in the form of surface pattern designs, custom illustrations, licensed artwork, creative design and collaboration. My art and illustrations are tailored to the theme of your brand with the purpose of bringing timeless appeal and being easily adapted to your products. Designs may be created by hand or using digital tools and can be scaled and repeated to create a seamless pattern. This Service will be conducted under a separate Brand Partnership Licence Agreement. If You have a brand and You would like to work with Me, please drop Me a line at hello@sheridaneveline.com.

3.3. The Goods I offer include:

(a) Pattern Library (a collection of pre-designed patterns and placement prints that can be used for a variety of purposes), where You can view and inquire for a licence to use My Pattern Prints. A licence in the Pattern Prints will be covered by a separate Pattern Library Terms and Conditions.

(b) The B&W store, where I offer My designs for sale in various forms. For example, there may be gift cards, prints, greeting cards, gift wrap, calendars, T-Shirts and other items that I may offer for sale from time to time, but these items are subject to availability and subject to change at any time without notice.

3.4. I may, from time to time, change, add or discontinue any of the Goods or Services that I offer on My Website, even after You have placed an order with Me. If You have placed an order with Me for which You have paid in advance, and I cannot fulfil that order, I will use reasonable endeavours to either make Your order available or contact You to either: arrange a full or partial refund or change Your order with a comparable Good in a similar price range (where available) where applicable as agreed with You, or otherwise reach an alternative arrangement.

3.5. You must take Your own precautions to ensure that the process which You employ for accessing My Website does not expose Your computer to the risk of viruses, malicious computer code or other forms of interference which may cause damage to Your computer software. I take no responsibility for any interference or damage to Your computer system that arises out of or in connection with Your use of My Website.

4. Disclaimer when using My Website

4.1. While I will make every effort to ensure that the contents of My Website are current and up to date, I make no guarantees that You will always find the most up-to-date information regarding My Services or Goods on My Website.

4.2. The material I provide on My website is for general information only and should not be used as the primary source for personal decision making.

4.3. Please note that I tend to use design filters to enhance the appearance of the photographs and images that appear on My website. This means that they may not display in true colour or form.

4.4. As part of these Terms, I want to remind you that art is subjective and people have different interpretations and expectations of design concepts, which can be shaped by personal preferences, aesthetic tastes and emotional associations. When providing My services, I will communicate with you to understand your needs and preferences and work collaboratively with you to create a design that meets Your expectations while fulfilling the project’s requirements. While I strive to provide high-quality services and a finished design that you are happy with, I cannot guarantee that it / they will meet Your expectations. While I work collaboratively with You, the final design will be subject to Your artistic discretion. 

4.5. Occasionally, there may be information on My Website that contains errors or inaccuracies that relate to My Good or Service offerings. I reserve the right to amend any errors or inaccuracies displayed due to human error, computer malfunction or any other reason without prior notice (including after You have submitted Your order).

4.6. I reserve the right to amend any information in relation to the Goods or Services I offer or discontinue any Goods I sell on My Website at any time without prior notice.

5. Details You provide Me

5.1. When You buy Goods and Services from Me, I may require You to provide Me with Your details. Please ensure that any details that You provide to Me are true and correct, including Your name or business name, postal address, contact numbers, email address and any other information I may require from You. Please check them carefully before submitting an order.

5.2. When You purchase a Good from Me, I will send it via Australia Post to the address that You provide Me. Please note that I do not take responsibility for lost or stolen packages once Your order has been posted. You are still responsible for Your package even if it gets redirected back to Me as an unclaimed package or marked as an incorrect address. I do not offer free shipping back to You.

5.3. The details that You send Me will be treated in accordance with My Privacy Policy.

6. How should You use My Website?

6.1. When You access My Website, I will grant You a limited, non-exclusive, personal, non-transferrable, non-shareable, non-sub-licensable, revocable licence to access and use My Website pursuant to these Terms and any additional terms and conditions that I may set from time to time.

6.2. You can access My Website on any device that has web browsing software installed and is connected to the internet.

6.3. You can use My Website to:

(a) Purchase My Custom Illustrations;

(b) View my Pattern Prints and inquire for a licence in My Pattern Prints;

(c) Purchase my Goods from My B&W Store;

(d) Browse any part of My Website that is generally accessible by web browsers;

(e) Enquire about any of My Goods and Services;

(f) Enquire about My Custom Illustration Service;

(g) Enquire about My Brand Partnerships; and

(h) Contact Me. My email is hello@sheridaneveline.com.

6.4. You agree not to:

(a) Reverse engineer, extract, decompile, modify, create derivative works of, and/or otherwise amend or alter My Website or any content or material posted on My Website;

(b) Evade or circumvent any security feature or measures put in place to prevent or limit access to certain areas of the Website;

(c) Permit or authorise any third party to access or use My Website;

(d) Use any code or application that interferes, or has the effect of interfering with the working of My Website;

(e) Use My Website in any manner which is contrary to these Terms, or any Australian or international laws;

(f) Provide false or misleading information;

(g) On-sell any of My content or materials, including but not limited to My designs and illustrations obtained from My Website;

(h) Use any data mining robots or other extraction tools or metatag; or

(i) Mirror My Website.

6.5. You must not make or attempt to modify, add, remove, hack, deface or otherwise interfere with My Website or with any material or content posted on My Website.

7. User Content

7.1. I welcome Your feedback! Please feel free to contact Me with any comments, feedback, testimonials, reviews and other such material (User Content).

7.2. User Content that You send Me remains Your intellectual property and I do not obtain ownership in User Content.

7.3. However, if You provide Me with User Content, you grant Me a non-exclusive, transferrable, sub-licensable, irrevocable, royalty-free and worldwide licence to reproduce, adapt, display, communicate to the public, or edit Your User Content on My Website at My discretion for marketing, promotional and/or portfolio purposes. The User will not be paid or compensated for any such use of User Content.

7.4. You warrant that You own or are licensed to send Me the User Content. If I post Your User Content on My Website, You warrant that I will not be infringing another party’s intellectual property rights, and You will indemnify Me for any loss, cost, expense, damage or liability I may incur as a result of posting Your User Content on My Website.

7.5. From time to time, You may make a suggestion or feedback in relation to My Goods, Services or Website. I may at My discretion implement such changes, but if I do so, You agree that any intellectual property rights subsisting in such changes I make as a result of Your suggestion or feedback belongs exclusively to Me.

8. Purchasing Goods

8.1. You may order my Goods through this Website by completing the order form, then making payment via any of the forms of payment that I accept, including American Express, MasterCard, Visa, Apple Pay, Google Pay, PayPal, or Shop Pay.

8.2. Your completed order, where applicable, will either be emailed to Your nominated email address, posted for delivery via Australia Post to Your nominated postal address, or available for local pick up from Brisbane CBD. The processing and shipping times, and additional terms relating to shipping can be found on My Website here. After your order leave My studio, I cannot be responsible for any lost or stolen packages, so please ensure that You have put in the correct postal or email address (as applicable).

8.3. Any order placed is an offer by You to purchase each particular Good in accordance with these Terms, and I reserve the right to accept or reject an order You make for any reason.

8.4. No refunds or exchanges are available after an order has been placed and a transaction has been made via My Website, unless required by the Australian Consumer Law. All transactions are final.

8.5. I may cancel Your order at any time and for whatever reason. If I do so, I will notify You via Your email and/or Your phone number You supplied at the time of making Your order about this change and I will give You a full refund of any monies that You have paid for the unfulfilled order.

8.6. Refunds will be made in the form of the original payment.

9. Payment Terms

9.1. I accept payment via American Express, MasterCard, Visa, Apple Pay, Google Pay, PayPal, or Shop Pay. I reserve the right to change the payment methods that I accept at any time.

9.2. Unless otherwise agreed, You must pay for Your order in advance. I will not commence work on Your order, or ship any of My Goods to You, until I have received payment in full.

9.3. To the extent permitted by law, I will not be held liable and responsible for any damages or consequential loss (whether direct or indirect) suffered by You as a result of any credit card fraud.

9.4. I will not be held liable or responsible for any additional charges imposed by Your credit card provider or bank, especially in the case where Your purchase involves foreign currency transactions.

9.5. If Your payment is not received in full or declined by Your bank or credit card issuer, I cannot hold My Goods against Your order, and I can resell items You have ordered to another customer at My discretion.

10. Price and GST

10.1. The quoted prices for the Goods are in Australian dollars, and where applicable, they are inclusive of Goods and Services Tax (GST).

10.2. You agree to pay the stated price (and any applicable charges and taxes) in Australian Dollars for all orders.

10.3. You must pay GST if it is applicable at the same time and in the same manner as a consideration for the Goods.

10.4. I reserve the right to change the prices of My Goods at any time without notice. However, the price displayed at the time You place Your order will continue to apply to You even if the price changes before Your order is accepted by Me.

10.5. I reserve the right to amend any pricing errors displayed due to human error, computer malfunction or any other reason.

11. Availability of Goods

11.1. You acknowledge and agree that from time to time, the Goods on My Website may be unavailable (whether sold out or discontinued) and I may not be able to fulfil all or part of Your order. If this occurs, I will use reasonable endeavours to either make Your order available or contact You to either: arrange a full or partial refund or change Your order with a comparable Good in a similar price range (where available) where applicable as agreed with You, or otherwise reach an alternative arrangement.

12. Privacy and Security

12.1. You may sign up to My email newsletter, submit an enquiry via the contact form or make a transaction through My Website. In doing so, I may collect some of Your personal information, including Your email address. This will only be used to update You on announcements, promotions, and any new Good or content that may become available. You will be able to unsubscribe from My email newsletter at any time.

12.2. When You place an order with Me, I collect information such as Your name, email address, phone number, billing address, shipping address, credit card number or PayPal details, depending on how payment is made. I will only use this information to the extent necessary to complete the transaction and communicate with You about Your order.

12.3. This website is hosted by Shopify. It is safely stored on the Shopify server behind a firewall. Shopify uses third party payment processors to process Your payment, and in doing so may be required to access Your personally identifiable information for this purpose. This information is encrypted using Secure Socket Layer (SSL) technology.

12.4. In order to process payment information, Shopify uses third party payment processors to securely process Your personally identifiable payment information. The use of Your personal information by these third-party payment processors’ is governed by their respective Privacy Policies.

12.5. Any personal information You have shared with Me will not be sold, traded, or supplied to anyone else. If You would like to be removed from My email newsletter You can do so by unsubscribing at the bottom of the emails sent to You.

12.6. In order to prevent misuse of My Website and the contents therein, I reserve the right to randomly verify or audit an email address or request further information from You. If I am of the view that there is a risk to My Website and the contents therein, then I at My sole discretion can remove the email address from My e-newsletter subscription list.

12.7. All personal information that You share with Me will be treated in accordance with My Privacy Policy.

13. Warranty

13.1. I warrant that the Goods I deliver will:

(a) match the description in the order form;

(b) be free of third-party claims; and

(c) be of acceptable quality as defined in the Australian Consumer Law.

13.2. I warrant that the Services that I provide to You will be:

(a) completed with due care and skill; and

(b) suitable for the purposes which You have disclosed to Me; and

(c) completed within a reasonable time frame.

14. Indemnity

14.1. You agree to indemnify Me and My officers, employees, agents and related bodies corporate, and agree to defend Me and My officers, employees, agents and related bodies corporate from and against all claims, demands, actions, liabilities, damages, costs and losses, arising out of or related to:

(a) Your use of My Website, or

(b) Your purchase of My Goods or Services, including (but not limited to) Custom Illustrations or Brand Partnerships, or

(c) allegations of intellectual property infringement as arising out of the images You supply for the purpose of Custom Illustrations; or

(d) any User Content that You post on My Website.

15. Limitation of liability

15.1. I will not be liable to You for any special, indirect, consequential or punitive damages, including but not limited to loss of profits, loss of business opportunities, or loss of goodwill, arising out of or related to these Terms, or Your purchase of My Goods or Services, even if advised of the possibility of such damages.

15.2. To the fullest extent permitted by law, and notwithstanding any other provisions of these Terms, My aggregate liability under or in connection with these Terms, however arising (including by reason of tort, negligence, breach of contract or otherwise), shall not exceed the sum of all fees paid to Me in respect of the relevant Goods and/or Services giving rise to the liability.

15.3. To the extent permissible at law, I exclude liability for any loss, damage or injury however caused (including through negligence), which You may suffer in connection with Your use of My Website, or any other linked website, and I take no responsibility for any loss, cost, damage, expense or liability arising out of Your use of or reliance on information contained on or accessed through My Website.

15.4. I also exclude liability in respect of mistakes or inaccuracies on My Website, any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers, bugs, viruses, Trojan horses or other harmful code which may be transmitted to or through My Website by a third party or any interruption or cessation of transmission from My Website.

16. Intellectual Property Rights (IPR)

16.1. All IPR in the Pattern Prints, Custom Illustrations and designs, any other artwork and designs on My Website, in any of My Goods, Website and any other materials created by Me including any drafts and blue prints are absolutely owned by Me.

16.2. All IPR in the materials on My Website, including artwork, illustrations, patterns, portfolio items, design projects and concepts, photographs, and wording, is subject to copyright, and is protected by Australian and international intellectual property laws. I reserve all My rights in relation to My intellectual property in My Goods and Services. You must not, in whole or in part, reproduce or use My content to sell, or falsely claim as Your own, or for any other purpose other than what I have expressly agreed in these Terms. All materials created by Me will vest absolutely and automatically in Me on creation and will remain thereafter.

16.3. When You use My Website, I grant You a non-exclusive, non-transferrable, royalty-free and non-sub-licensable licence to view and access this Website for personal and non-commercial use only. 

16.4. You must not reproduce, store, adapt, distribute, display, publish, or create similar works from any of My IPR except where You are allowed to under a signed License Agreement or any other Custom Agreement, as the case may be.

16.5. My Custom Illustrations 

(a) Any custom illustration orders created by Me remain My IPR. I am free to promote and share the illustration (be it in part, process or final version) across any media form for portfolio or social media promotional purposes. By entering into a custom illustration order transaction with Sheridan Eveline, You are automatically granting Sheridan Eveline the right to use both Your original photo and any visual part of the illustration process in Sheridan Eveline marketing. If You would prefer Sheridan Eveline to not use Your photo and/or custom illustration in marketing, please email hello@sheridaneveline.com as soon as possible after placing an order for a Custom Illustration, and I will endeavour to follow Your reasonable requests as far as possible.

(b) Custom Illustrations are only available for personal use. Personal use means that the illustration is not licensed for mass production, resale or digital use on websites or logos; and must not be used for business branding or marketing (inclusive of influencers and sole traders).  In summary, personal use refers to non-commercial or non-business purposes and examples of personal use include personal gifts, home decor, or personal social media posts. For example, a custom illustration of Your family to hang in Your home, would be a personal use. That same illustration used on a product sold commercially, such as a t-shirt or mug, would no longer be considered personal use.

(c) If You do not own the intellectual property rights to the images that You provide Me, then please let Me know of the original source of that image. You need to get your own legal advice and this is not legal advice but there are rules about copyright in Australia and in Australia (a at the time these Terms were drafted), photograph generally remains with the photographer unless expressly assigned in writing, even if they are photographs of You, or photographs taken by a professional photographer for which You have paid. If You ask Me to make a Custom illustration derived from an image that is not Your own work, even if it is a photo of You, You warrant that You have a licence from the copyright holder for Me to reproduce the image that You provide Me. I may ask You to provide Me with a written licence to that effect. You also agree to indemnify Me against any loss, cost, expense, damage or liability that I may incur as a result of making a Custom Illustration from works that are not Your own.

16.6. My Pattern Library

(a) If You wish to purchase a licence to use one of My ready-made patterns from My Pattern Library, You will need to agree to the Pattern Library Terms and Conditions in which the terms of the licence I grant You to use My patterns is detailed. When you inquire for a licence in one of My Pattern Prints, I will email you a copy of the Pattern Library Terms and Conditions.

(b) Please note that particular Pattern Print(s) may not be available for licensing even if the Website states that they are available. I cannot be held liable or responsible for any Pattern Print(s) that may become unavailable.

(c) Any prices indicated on My Website in respect of the Pattern Print(s) are indicative only and not final.

17. Will My Website always be available?

17.1. From time to time, down-time, either scheduled or unscheduled, may occur. I will endeavour to work within reasonable time to ensure the amount of down-time is limited and will not be held liable for the consequences of any down-time.

18. Links to Third Party Websites

18.1. My Website may contain links to other websites that are operated, controlled or produced by third parties. Unless stated otherwise, My Website does not control, endorse, sponsor or approve any such third-party websites or their contents nor am I liable for any loss or damage that You may suffer as a result of Your visits to any such third-party websites. 

19. User comments, Feedback, Testimonials

19.1. Any reviews or other matter that could be regarded as a testimonial or endorsement about any Pattern Prints, Custom Illustrations, Brand Designs, and/or any other of My Goods and/or Services does not constitute a guarantee, warranty, or prediction regarding the outcome of any use of these Goods and/or Services and You acknowledge that these testimonials merely represent the anecdotal experience of individual consumers.

19.2. You agree that I may, at any time without restriction, edit, copy, publish, distribute and use any content such as feedback, suggestions, competition entries, testimonials, creative ideas, suggestions or proposals at My sole discretion. I also have the right to monitor, remove and edit any of these at My sole discretion.

20. Variations

20.1. From time to time, I might need to update these Terms. The most current Terms will be available on this page. If You have previously purchased from Me or subscribed to My email newsletter, You will get a written notice from Me to notify You that these Terms have been updated, which You can then check back to this page for the most current version of the Terms.

21. Disclaimer

21.1. You acknowledge and agree that, to the extent permissible at law, and other than expressly stated otherwise, My Website and all content appearing on it are provided on an “as is” and “as available” basis, without warranties of any kind.

21.2. Images of the Goods displayed on My Website are for illustrative purposes only and sizes and dimensions may vary in real life. Please ensure that You therefore read the corresponding description of any item before purchasing it.

22. General provisions

22.1. Non-Waiver - If I do not take any action with respect to any breach by You and/or associated parties of these Terms, this does not waive My rights to take action with respect to subsequent or similar breaches.

22.2. Severability – Any provision in these Terms which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. Otherwise, any provision in these Terms which is invalid or unenforceable in any jurisdiction is to be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.

22.3. Change of Control - In the event that I merge, sell or otherwise change control of My business or My Website, I reserve the right and You hereby consent to Me transferring, assigning or sublicensing the rights to use of any personal information and/or user content that You have provided to Me.

22.4. Events which are out of My control - I shall not be held liable and responsible for any delay in performing, or My failure to perform My obligations under these Terms if the delay or failure is caused by circumstances beyond My reasonable control.

22.5. Jurisdiction and Governing Law - These Terms, use of My Website and My Goods and/or Services, and any dispute arising from the use are governed by the laws of the State of Queensland, Australia and any applicable Federal Law.

22.6. Entire Agreement – These Terms and any document expressly referred to by these Terms represent the entire agreement between Me and You and overrides any prior oral or written agreement and/or understanding between Me and You.

22.7. Survival – Each of these terms which expressly, or by its nature, survive termination of these Terms remain fully enforceable, notwithstanding such termination.

23. Feel free to reach out to Me!

If You have any questions, feedback or concerns regarding My Website, My Goods and/or Services, I would love to hear from You at hello@sheridaneveline.com.

These Terms were last modified on 20 February 2024.