Terms & Conditions
Sales and Services
At The Elm & the Raven we want your experience with us to be a positive one. The services provided by The Elm & the Raven include the sale and shipping of limited-edition photography and digital art, open edition prints, original illustrations and other printed creative products such as photobooks, books and literary works.
Every effort has been made to ensure the work is represented and described as accurately as possible on our site and arrives to you in good condition. Please note colours vary slightly on different monitors so some colour variation may be anticipated.
All Elm & the Raven works are produced with quality materials, on high quality 100% acid free archival cotton rag or professional glossy photo paper using quality Lucia pigment inks. A full description of materials used and size of work is given on our product pages. Each limited-edition work is signed, numbered and comes with a signed Certificate of Authenticity.
Small unframed prints, unless otherwise specified, are shipped unmounted, in reinforced cardboard envelopes. Larger prints are carefully rolled in postal tubes with acid free tissue paper to prevent damage to the print. Mounted and framed prints incur a higher checkout cost and postage fee. All mounted works will be packed flat. Larger items will be packed flat with corner protection, insulating wrap and cardboard packaging/and or boxing.
Glass is difficult to post and can break in transit. Glass will only be posted in rare circumstances and upon individual negotiation. It is recommended that glazing and framing is done at the buyers’ end. Most Elm & the Raven prints suit standard size frames.
Customers able to collect work directly from The Elm & the Raven may access framing and glazing options.
Paying For Your Order
Prices are in Australian dollars, automatically converted online to your local currency. Orders placed outside of Australia may incur additional charges for customs, duties, exchange rates and taxes. Please note, you as the buyer are responsible for these additional charges.
The Elm & the Raven website uses Stripe. A secure payment system, accepting Visa Debit/Credit, Mastercard, American Express and most major credit cards. Stripe is also enabled for digital wallet payment via Google and Apple Pay.
Stripe is a secure third-party payment gateway and The Elm & the Raven does not hold or obtain your payment details. Upon confirmation of receipt The Elm & the Raven will begin processing your order. Works remain the property of The Elm & the Raven until payment has been received in full.
For orders and purchases made in person, The Elm & the Raven will accept cash, bank transfers or Visa Credit and Debit Cards via Paypal.
Postage costs are determined by your location and the size and weight of your order. Those costs are added to your Cart on Check Out. Most orders will be sent by Australia Post. Orders are recorded, tracked and/or Signed for Delivery. An email will be sent confirming dispatch. For very large parcels, depending upon the order, a courier service may be used. These conditions will be stated and agreed upon during the purchasing process.
Returning An Item
If for any reason you are not happy with your order, please contact The Elm & the Raven to raise your concerns and send photos where damage has incurred. If you do not wish to retain the work, are seeking replacement or your money back, please return the artwork carefully packaged in the original packing materials within 14 days of receipt. It is important that you obtain proof of posting when returning items and forward these to The Elm & the Raven for tracking. Once the returned item has been received by The Elm & the Raven in the original state it was sent to you, your payment will be refunded. The Elm & the Raven will pay for return postage for items that do not match the product description, are faulty or damaged on delivery. Please note you are liable for the cost of returns if you simply change your mind.
If the work has been unfortunately damaged in transit, please let The Elm & the Raven know as soon as possible and photograph the damaged item and packaging. This will assist The Elm & the Raven claim insurance on the work. Please keep the damaged work until instructed in the event the delivery service wish to inspect it.
In this event you may select another art work of the same price as a replacement. Alternately a refund can be arranged.
You may cancel your order at any time, however if your order has already been dispatched, the refund can only be provided once the item has been returned and received safely by The Elm & the Raven. Please note cancellation of ALL bespoke or commissioned work will incur a cost scaled to the amount of work that has already been done and the materials used.
Returned orders must be sent to:
The Elm & the Raven
756 Crabtree Road
Crabtree, TAS, 7109
If any other issues arise that have not been addressed in these Terms and Conditions, please don’t hesitate to contact me at The Elm & the Raven. Our terms are established in accordance with Australian Consumer Law (ACL).
The Artist, The Elm & the Raven and all materials contained in this website, including, and without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of the artist, Emma Coombes at The Elm & the Raven. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the artist, Emma Coombes at The Elm & the Raven, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Emma Coombes at The Elm & the Raven assumes no liability or responsibility for any;
- errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the service; and
- any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to change and modify Terms
We reserve the right to modify these Terms from time to time at our sole discretion. It is therefore recommended that you review this page and our Terms periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional emails and content
If you sign up for The Elm & the Raven newsletter or purchase goods from The Elm & the Raven, you agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide. If you don’t want to receive such promotional materials or notices – please just notify or unsubscribe from any correspondence at any time.
In these Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Australia, without respect to its conflict of laws principles. In the unlikely event of a dispute, The Elm & the Raven will attempt to resolve any disputes via direct negotiation and/or mediation in the first instance. Should mediation be unsuccessful, any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Australia. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.