Terms for visiting, enquiring and buying from Karinya

Last updated: 7 July 2026

These Terms & Conditions apply to the website at karinyagallery.com.au, artwork and product enquiries, workshop enquiries, online purchases, gallery communications and other dealings with Karinya Ngukuthati Art Gallery.

Karinya Ngukuthati Art Gallery is the registered business name of D.A French & B.D O’Dwyer, an Australian partnership. ABN: 65 318 854 937. Contact: connect@karinyagallery.com.au.

These terms are intended to be read alongside any written quote, invoice, workshop booking terms, Humanitix event terms, artist consignment agreement or other written agreement issued for a specific transaction. If a specific written agreement applies, it will prevail to the extent of any inconsistency, except where Australian law cannot be excluded.

Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under the Australian Consumer Law or other applicable Australian law.

Goods supplied by Karinya must be of acceptable quality, match their description, be fit for disclosed purposes and satisfy any other applicable consumer guarantees. Services, including workshops and custom sessions, must be provided with due care and skill, be fit for any disclosed purpose and be supplied within a reasonable time where no time is agreed.

If there is a major problem with goods or services, you may be entitled to reject the goods, cancel the service and choose a refund, replacement or other remedy available under Australian Consumer Law. If the problem is not major, Karinya may be entitled to fix the problem within a reasonable time.

Artwork, Product Information and Availability

Karinya aims to present artwork and products with accurate titles, images, artist information, medium, dimensions, availability, provenance and respectful cultural context where those details are available and approved for public sharing.

Original artworks and cultural objects may be unique, handmade, irregular or one-of-a-kind. Minor variations in colour, texture, grain, scale, framing, display, screen appearance or natural material finish are not necessarily faults.

Availability may change, especially for original artworks, market activity or consigned works. An order or enquiry is not confirmed until Karinya accepts it and any required payment, written confirmation or booking step is complete.

Karinya may decline, cancel or refund an order where an item is unavailable, incorrectly listed, affected by a clear pricing or description error, subject to cultural permission concerns, unable to be safely shipped, or otherwise not appropriate to complete. If this happens after payment, Karinya will contact you and arrange a refund or suitable alternative where available.

Pricing, Payment and GST

Prices are in Australian dollars unless stated otherwise. The business is not currently registered for GST. If GST registration status changes, pricing and tax invoices may be updated accordingly.

Online and card payments may be processed through third-party payment providers. Those providers may apply their own terms, fraud checks, privacy practices and processing rules.

Title in purchased goods passes only when full cleared payment is received, subject to any mandatory law. Risk in goods generally passes on delivery, collection or other agreed handover.

Shipping, Delivery and Collection

Shipping availability, method, cost, insurance and handling requirements may vary depending on the artwork or product. Fragile, high-value, bulky, framed or culturally sensitive works may require a custom delivery quote or collection arrangement before an order is accepted.

Delivery timeframes are estimates unless expressly confirmed in writing. Karinya is not responsible for delays outside its reasonable control, but will take reasonable steps to help resolve delivery issues.

Please provide accurate delivery details and ensure someone can receive the item where signature or secure handover is required. If an item arrives damaged, incomplete or materially different from what was ordered, contact Karinya as soon as possible with photos, packaging details and order information so the issue can be assessed.

Where appropriate, Karinya may require returned goods to be packed securely and returned using a trackable or insured method. This does not limit your rights under Australian Consumer Law.

Returns, Refunds and Exchanges

Karinya will provide refunds, replacements, repairs or other remedies where required by Australian Consumer Law.

You are not automatically entitled to a refund or exchange because you changed your mind, found a cheaper item elsewhere, no longer want the item, chose the wrong item, or had a problem caused by misuse, damage after delivery, failure to follow care instructions, or circumstances outside Karinya’s control. Karinya may still choose to help where reasonable, especially before an item has shipped.

For original artworks, one-off pieces, commissioned or tailored items, return options may be limited unless there is a consumer guarantee issue, misdescription, damage, failure to match agreed specifications or another legal basis for a remedy.

To request a return or refund, contact connect@karinyagallery.com.au with your name, order details, the issue, photos if relevant and your preferred outcome. Karinya may need to inspect the item or ask for further information before confirming the appropriate remedy.

Workshops, Events and Private Sessions

Public workshop bookings may be managed through Humanitix or another booking provider. The event listing will set out the date, location, inclusions, accessibility information, ticket terms and any cancellation conditions that apply to that event.

Private group, school, visitor and community sessions start as enquiries. A booking is confirmed only when the date, participant numbers, price, access needs, facilitator arrangements and any required payment or written confirmation are agreed.

Karinya may reschedule, vary or cancel a workshop where necessary due to safety, facilitator availability, low numbers, venue issues, cultural protocol, illness, weather or circumstances outside reasonable control. If Karinya cancels a paid session, Karinya will provide a refund or suitable alternative as required by law and the applicable booking terms.

Ethical Trade, Authenticity and Cultural Respect

Karinya is committed to ethical and culturally respectful art trade. Artwork and culturally represented products should be supported by appropriate ownership, authority, attribution, provenance, permission and sale records before they are accepted for custody, display, sale, consignment, reproduction or promotion.

Karinya respects Indigenous Cultural and Intellectual Property, cultural authority, artist self-determination, moral rights and copyright. Purchasing an artwork, product or workshop ticket does not give you rights to reproduce, merchandise, alter, teach, digitise, use in advertising, use with AI tools, or otherwise reuse artwork, stories, images, designs, cultural knowledge or workshop content unless Karinya and the relevant rights holder have given written permission.

Visitors, customers and workshop participants must treat artists, staff, facilitators, cultural material and other visitors respectfully. Karinya may refuse service, cancel participation or remove content where behaviour is unsafe, disrespectful, misleading, unlawful, exploitative or inconsistent with cultural safety.

Artist and Consignment Terms

Artist and consignor arrangements must be recorded in clear written terms before Karinya takes possession of a work for sale, exhibition, custody, reproduction or promotion.

Unless separately agreed in writing, artist or consignor property remains the property of its owner until lawfully sold or otherwise transferred. Karinya will not treat artist property as business property, use it as security, or dispose of it outside the agreed purpose.

Consignment records should identify ownership or authority, artist attribution, provenance, sale price or pricing method, payment arrangements, GST/tax treatment where relevant, permissions for images or promotion, insurance or custody arrangements, withdrawal or return process, and any cultural restrictions.

Unless expressly agreed otherwise, the artist or rights holder retains copyright, moral rights, cultural rights and ICIP. Any reproduction, licensing, merchandise, digital use, AI use, advertising use, teaching use or other reuse requires separate written permission from the relevant rights holder and, where appropriate, cultural authority.

Karinya will handle artist and consignor payments transparently and promptly according to the relevant written terms and sale records.

Privacy and Personal Information

Karinya may collect personal information such as your name, email address, phone number, delivery details, billing details, enquiry details, workshop preferences, accessibility information you choose to provide, artist or consignor information, and transaction records.

Karinya uses this information to respond to enquiries, manage orders, deliver products, organise workshops, maintain artist and consignment records, meet legal and accounting obligations, protect cultural and business records, prevent fraud, improve services and communicate with you about relevant gallery matters.

Karinya may share information with service providers where reasonably required, including payment processors, shipping providers, booking platforms, email/form systems, website hosting providers, accountants, insurers, professional advisers, regulators or dispute-resolution bodies. Karinya does not sell personal information.

Karinya takes reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification or disclosure. You may contact Karinya to request access to, correction of, or deletion of personal information, subject to legal record-keeping, accounting, consignment, insurance, cultural, dispute or security obligations.

Privacy questions or complaints can be sent to connect@karinyagallery.com.au. Karinya will respond within a reasonable time.

Website Use and Intellectual Property

Website content, branding, photographs, written material, artwork images, layout and other content may be owned by Karinya, artists, photographers, licensors or cultural rights holders. You may view the website for personal and ordinary browsing purposes only.

You must not copy, scrape, reproduce, download, publish, sell, train AI systems on, use commercially, alter or misrepresent website content without written permission from Karinya and any relevant rights holder.

You must not misuse the website, attempt unauthorised access, interfere with security, submit false information, upload harmful material, infringe rights, or use the website in a way that is unlawful or culturally disrespectful.

Complaints and Disputes

If something goes wrong, contact Karinya first at connect@karinyagallery.com.au with the details of the issue and your preferred outcome. Karinya will aim to respond respectfully and within a reasonable time.

These terms are governed by the laws of Victoria, Australia. Nothing in these terms prevents a consumer from contacting Consumer Affairs Victoria, the ACCC, the OAIC or another relevant regulator, or from using any right or remedy available under Australian law.

Changes to These Terms

Karinya may update these terms from time to time as the gallery, online store, workshop program, legal requirements or operational systems change. The latest version published on this page applies from the date shown above, unless a specific written agreement states otherwise.