TERMS AND CONDITIONS

annesmerdon.com

Last updated: May 2026

1. Introduction

Welcome to annesmerdon.com (the “Website”). This Website is operated by Anne Smerdon, an Australian visual artist based in Australia (“the Artist,” “I,” “me,” or “my”).

By accessing or using this Website — including browsing, purchasing artworks, prints or canvas art, enrolling in art classes, or using any other service offered — you (“the Customer,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Terms”). Please read them carefully.

If you do not agree with any part of these Terms, please do not use this Website.

2. About the Artist

Anne Smerdon is an award-winning Australian artist whose practice centres on bird paintings and the documentation of the symbiotic relationship between humans and animals. Anne sells original bird paintings, limited edition and open edition prints, bird canvas art, and offers drawing and painting classes through The Artory.

Anne conducts her practice in accordance with the NAVA Code of Practice for Visual Arts, Craft and Design, which sets equitable and ethical standards for the Australian visual arts sector.

3. Purchases — Original Artworks, Prints & Canvas Art

3.1 Availability and Pricing

All prices are listed in Australian Dollars (AUD) and are inclusive of GST where applicable. Prices are subject to change without notice. Anne reserves the right to withdraw any artwork from sale at any time prior to confirmation of purchase.

3.2 Orders

An order is not binding until Anne confirms it in writing (including by email). Anne reserves the right to decline any order at her discretion, in which case a full refund will be issued promptly.

3.3 Payment

Payment is required in full at the time of purchase unless a separate written arrangement has been agreed. Accepted payment methods are as listed on the Website at the time of purchase.

3.4 Shipping and Delivery

Artworks are carefully packaged and shipped to the address provided at checkout. Estimated shipping timeframes are provided in good faith but are not guaranteed. Anne is not responsible for delays caused by courier services, customs, or circumstances outside her control.

Risk and ownership of the physical artwork passes to the Customer upon delivery. Anne recommends that Customers arrange appropriate insurance for high-value works in transit.

Shipping costs are the responsibility of the Customer unless otherwise stated.

3.5 Returns and Refunds

Anne takes great care in packaging artworks and accurately representing them on this Website. If an artwork arrives damaged, please contact Anne within 7 days of receipt with photographic evidence. Anne will work with you to find a fair resolution, which may include replacement, repair, or refund.

Due to the unique and handmade nature of original artworks, returns are not accepted for change of mind. Limited and open edition prints may be returned in their original unused condition within 14 days of receipt. Return shipping costs are the Customer’s responsibility.

4. Intellectual Property Rights — Copyright and Moral Rights

4.1 The Artist Retains Copyright on All Works

The sale or purchase of an original painting, print, canvas artwork, or any other work created by Anne Smerdon DOES NOT transfer copyright in that work to the purchaser. Anne Smerdon retains full copyright in all artworks she creates, in perpetuity, in accordance with the Copyright Act 1968 (Cth) of Australia.

Copyright is automatic upon creation of a work and does not require registration. The copyright symbol © Anne Smerdon applies to all works on this Website whether or not it appears on the physical artwork.

This position is consistent with the NAVA Code of Practice for Visual Arts, Craft and Design, which states that there are very few circumstances where users should request an assignment of copyright, and that artists should be wary about assigning copyright unless it is clearly in their interests to do so.

4.2 What a Purchaser Receives

When you purchase an original artwork from Anne Smerdon, you receive:

  • Ownership of the physical artwork (the object itself);

  • The right to display the artwork in your private home or premises; and

  • The right to resell the physical artwork as a physical object.

You do NOT receive:

  • The right to reproduce the artwork in any form (digitally, in print, on merchandise, or otherwise);

  • The right to publish or communicate the artwork to the public (including via social media, websites, advertising, or broadcast);

  • The right to create derivative works based on the artwork;

  • The right to license, sublicense, or commercially exploit the artwork or images of it; or

  • Any copyright, moral rights, or intellectual property rights of any kind in the artwork.

4.3 Moral Rights

Anne Smerdon’s moral rights in all artworks are preserved regardless of any sale or transfer of the physical work. These rights, which exist under the Copyright Act 1968 (Cth), include:

  • The right to be attributed as the creator of the work;

  • The right not to have the work falsely attributed to another person; and

  • The right to have the integrity of the work respected — that is, the right not to have the work subjected to derogatory treatment that is prejudicial to Anne’s honour or reputation.

Purchasers and holders of Anne’s works must uphold these moral rights. You must not alter, crop, distort, overlay, or otherwise modify an image of the work without Anne’s written permission.

4.4 Sharing on Social Media

You are welcome to share photographs of artworks you have purchased on personal social media for non-commercial purposes, provided that:

  • Anne Smerdon is clearly attributed as the artist in any post or caption;

  • The work is not cropped or altered in a way that is derogatory or misleading; and

  • The sharing is not for commercial gain.

Tagging @annesmerdon where possible is appreciated and encouraged.

4.5 Licensing

Any use of Anne’s artworks beyond personal display — including reproduction on merchandise, in publications, advertising, digital platforms, or any commercial application — requires a separate written licence agreement and appropriate licensing fee negotiated with Anne prior to use.

Requests for licensing should be directed to The Copyright Agency via www.copyright.com.au. Anne reserves the right to decline any licensing request.

Consistent with NAVA guidelines, Anne will not grant licences on terms broader than necessary, and the scope, territory, duration, and fee of any licence will be specified in writing before any use commences.

4.6 Exclusive Rights

Anne Smerdon does not grant exclusive rights to any artwork through the standard sale process. Any request for exclusive rights must be made in writing, will be assessed on a case-by-case basis, must be justifiable in all the circumstances, and will require payment reflecting the full value of the rights being granted.

4.7 Website Content

All content on this Website — including but not limited to artworks, photographs, text, video, graphic design, and branding — is the intellectual property of Anne Smerdon or is used with permission. Unauthorised reproduction, redistribution, or commercial use of any Website content is prohibited.

5. Privacy

Anne Smerdon respects your privacy. Personal information collected through this Website (such as name, email address, and delivery address) is used solely for the purposes of processing orders, communicating with you about your purchase, and sending newsletters where you have opted in.

Your information will not be sold or shared with third parties except as necessary to fulfil your order (e.g. courier services). You may request access to, correction of, or deletion of your personal information at any time by contacting Anne directly.

7. Limitation of Liability

To the fullest extent permitted by law, Anne Smerdon’s liability for any claim arising from use of this Website or purchase of any product or service is limited to the purchase price paid for the relevant product or service.

Anne is not liable for indirect, consequential, or special damages. Nothing in these Terms excludes rights you may have under Australian Consumer Law.

8. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the non-exclusive jurisdiction of the courts of New South Wales.

9. Changes to These Terms

Anne reserves the right to update these Terms at any time. The current version will always be published on this Website with a “Last updated” date. Continued use of the Website following any update constitutes acceptance of the revised Terms.

10. Contact

For any questions about these Terms, licensing enquiries, or any other matter, please contact Anne via the contact page at annesmerdon.com.

For independent advice on artist rights and copyright, Anne recommends:

© Anne Smerdon 2026. All rights reserved.