Terms | Material Poet

TERMS AND CONDITIONS

1. AGREEMENT TO TERMS

By purchasing artwork from Material Poet (ABN: 91912017115) you agree to be bound by the following terms and conditions. Please read them carefully before making a purchase. If you do not agree with these terms, please do not proceed with the transaction.

2. PRODUCT INFORMATION

Artwork Details: All artwork sold is accurately described on the product page, including dimensions, materials used, and any other relevant details. Due to the nature of hand-created art, there may be small imperfections, as well as slight variations between the image shown on the website and the physical piece.

Authenticity: Each artwork sold is original and created by Francesca Moroni, the sole artist of Material Poet. In some circumstances, depending on the nature of each work, a portion of the artwork may be created with the assistance of other individuals or professionals. A certificate of authenticity will be provided with the purchase of each artwork. It is the buyer's responsibility to ensure that it is kept safe, as replacements cannot be guaranteed.

3. Pricing and Payment

Prices: All prices are listed in Australian Dollars (AUD), unless otherwise stated. Prices are subject to change without notice but will remain fixed once the order is confirmed.

Payment Methods: We accept the following payment methods: credit card and debit card.

Payment Confirmation: Orders will be processed once payment is confirmed. If payment is not successfully completed, the transaction will be canceled.

Payment Errors: Material Poet is not liable for any errors or issues that occur during the transaction process or as a result of a failed transaction. This includes, but is not limited to, insufficient funds, use of an incorrect card, poor internet connection, or other payment-related issues.

4. Shipping and Delivery

Shipping Costs:
- Shipping costs are calculated at checkout based on your location, the size of the artwork, and any additional considerations specified on the product page. International shipping rates include customs, duties, and tax fees, unless otherwise stated. However, the buyer is responsible for any additional costs incurred due to unforeseen circumstances.
- If you fail to disclose any delivery-location-specific factors, provide required information, or secure necessary permits or licenses in a timely manner—affecting the shipment of your package and resulting in additional fees—you will be responsible for covering the associated shipping charges.

Delivery Time: Delivery times vary depending on the destination, the size of the artwork, and any additional considerations specified on the product page. For domestic orders, delivery typically takes between 2-3 business days from the date of dispatchment. For international orders, delivery may take up to 5-10 business days from the date of dispatchment. Please note that delivery times are estimates and may vary due to factors beyond the control of Material Poet. As such, we cannot be held responsible for any delays once the order has been dispatched.

Shipping Restrictions: Please note that we can not ship to Ascension, Bovet Island, Indian Ocean Territory, French Southern Territories, Heard & Mcdonald Islands, Pitcairn, Saint Pierre & Miquelon, Tajikistan, Tristan Da Cunha, US Minor Outlying Islands (Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, Wake Island) and Western Sahara. Services in countries and regions not listed above may be suspended without notice due to local circumstances beyond the control of Material Poet, such as political instability, natural disasters, or other unforeseen events.

Tracking: All packages are shipped with a tracking number, allowing you to monitor their status. You will receive this tracking number via email once your order has been dispatched. Please allow up to 72 hours for tracking information to become available.

Packaging: All artwork is securely packaged to ensure it arrives in perfect condition. Material Poet strives to use high-quality packaging materials that provide effective protection. Please note that these materials may change over time based on availability and advancements in packaging solutions.

Insurance: Material Poet is committed to ensuring that your artwork reaches you safely. To provide peace of mind for both the artist and the buyer, each item is covered by Goods in Transit insurance. This insurance protects against any damage or loss incurred during transit. Photos of the artwork and the packaging are therefore documented in order to provide proof of their condition prior to being dispatched.

Return Shipping Costs:
- If your artwork arrives damaged due to an accident in transit, or is defective or faulty, and your refund request is approved, Material Poet will cover the return shipping costs to our office.
- If you fail to address customs inquiries regarding import duties and taxes relevant to your shipment, causing the package to be returned to the sender, the customer assumes responsibility for covering the associated shipping charges to resend it.
- It is the customer's responsibility to ensure that personal details, such as the delivery address and contact information, are accurate and up to date at the time of placing an order. Once an order has been approved, we are unable to modify the address. If the package is returned to the sender due to incorrect details, the customer will be responsible for the applicable shipping costs to resend it, as well as any additional storage or redirecting fees.
- For any other reason related to your decision to return the package, the customer also assumes responsibility for covering the associated shipping charges to resend it.

5. Maintenance and Care Instructions

To ensure the longevity of your artwork, we recommend the following care and maintenance guidelines. Material Poet will include these instructions along with the purchase of your artwork, and any other specific tips regarding special materials used in your piece. While we strive to help you maintain your artwork in its best and original condition, we cannot be held liable for any signs of dirt, wear, or damage resulting from the natural ageing process or improper care.

Handling: Always handle your artwork with clean hands or gloves and avoid touching the surface directly to prevent oils, dirt, or smudges.

Display: Keep your artwork in a well-lit, dry area, away from direct sunlight to prevent fading. Avoid exposure to extreme temperatures or humidity, as this can damage the materials.

Cleaning: If cleaning is necessary, gently wipe the artwork with a soft, dry cloth. For framed pieces, avoid using abrasive cleaners that may damage the frame or glass.

Storage: When not displayed, store your artwork in a safe, dry place, ideally in its original packaging, to protect it from dust, moisture, and physical damage.

Framing: For pieces that do not include a frame, we recommend framing your artwork for added protection and to preserve its condition. If your artwork arrives unframed, consult with a professional framer for best results.

6. Problems and Dispute Resolutions

If you encounter any problems or have concerns regarding your order, we encourage you to contact us directly at Material Poet via email at hello@materialpoet.com. We are committed to resolving any issues promptly and will work with you to find a solution.

Dispute Resolution Process
- Step 1: If there is an issue with your order (e.g., damaged artwork, incorrect item, etc.), please reach out to us within 7 days of receiving the product. Provide your order number, a description of the issue, and any supporting photos if applicable.
- Step 2: Our team will assess the situation and offer a resolution, which may include a refund, replacement, or other remedies depending on the nature of the issue.
- Step 3: If the issue cannot be resolved directly between us, we will work with you to explore alternative solutions, such as mediation or third-party dispute resolution services.

Escalation

If the issue remains unresolved after attempting to reach a mutual agreement, you have the option to escalate the matter to an external dispute resolution provider, such as the Department of Fair Trading (NSW).

Governing Law and Jurisdiction

Any disputes arising from your purchase and use of Material Poet products will be governed by the laws of New South Whales, Australia and any disputes shall be subject to the exclusive jurisdiction of the courts in New South Wales.

7. Refund & Return Policy

Last updated: 12/03/2025

Our return policy acknowledges consumer guarantees, and are compliant with the Australian Consumer Law.

Eligibility for Refunds: We offer a 7-day return policy with a full refund for damaged or defective pieces, provided they are reported along with evidence, within 7 days from the date of delivery.

Damaged and Defective Goods: If your artwork arrives damaged or defective, please contact us immediately with photographs. You will need to report the damage or defect within 7 days of receiving the item to be eligible for a full refund.

Change of Mind: We make sure to provide as much detail as possible about each artwork online, in order to inform our costumers and give them the confidence when choosing to make a purchase. This is why we do not offer returns and refunds due to change of mind.

Conditions for Refund:
- The artwork must be returned in the same condition in which it was received, including in its original packaging.
- The customer must provide proof of purchase, including the order number and any related details, to qualify for a refund.
- The return request must be submitted within 7 days from the date of delivery.
- Misuse or mis-treatment of the artwork that has caused or contributed to any damage will not be eligible for any refund, replacement or repair.

Exchanges: Due to the limited availability and unique nature of each artwork, we are unable to accept exchanges.

Refund Process
- Once the returned artwork is received and inspected, we will notify you of the status of your refund within 3 business days from the date of delivery at our office.
- Once the refund has been approved, we will issue the refund within 5 business days to the original payment method.
- We estimate that it will take up 5-14 business days for the refund to be reflected in your card or bank account, however, this time will vary depending on factors which are out of our control.

How to Initiate a Return or Refund: To initiate a return, please contact us at Material Poet via email at hello@materialpoet.com, with the following details:
- The Order number
- Name of artwork
- Reason for return
- Photos of the item

8. Copyright and Usage Rights

Copyright Ownership: The copyright of all artwork remains with Francesca Moroni and/or Material Poet. You are purchasing the physical piece of artwork but do not acquire the rights to reproduce, alter, or sell the artwork in any form, unless otherwise agreed.

Additionally, you do not acquire the rights to reproduce, alter, or sell any images that you or any other individuals take of the artwork in any form, unless otherwise agreed. You are allowed to share images of the artwork for personal use only.

Limited License: Upon purchase, you are granted a non-exclusive, non-transferable license to display the artwork for personal use only. For any commercial use, such as display in a gallery or business premises, explicit written consent from the artist, Francesca Moroni, is required. A separate license agreement may also be necessary for public or commercial display, which may incur an additional cost. If you are interested in displaying the artwork for commercial purposes, please contact Material Poet.

9. Privacy and Data Protection

Privacy Policy: We respect your privacy. Your personal information, such as name, email address, and payment details, will be used solely for the purpose of fulfilling your order and will never be shared with third parties without your consent, except as required for payment processing or shipping.

Data Security: We employ industry-standard security measures to protect your information during the checkout process. However, we cannot guarantee the absolute security of data transmitted over the internet.

10. Limitation of Liability

Liability: Material Poet is not responsible for any personal injury, damage, or loss that occurs as a result of the handling, installation, or use of the artwork. Customers should take all necessary precautions to ensure the artwork is displayed safely.

11. Force Majeure

Material Poet is not liable for any delays or failure to perform its obligations due to events beyond its reasonable control, including but not limited to natural disasters, strikes, or shipping delays.

12. Modifications to Terms

Material Poet reserves the right to update or modify these Terms and Conditions at any time. Any changes will be posted on our website, and the new terms will apply to all orders placed after the update.

13. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Whales, Australia. Any disputes will be resolved in the appropriate courts of New South Whales.

14. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at hello@materialpoet.com