Terms and Conditions

Last Updated: 30 August 2026

 

Welcome to DMaria Art (“we,” “our,” or “us”), accessible via www.dmariart.com. By accessing or purchasing from our website, you agree to be bound by the following Terms of Service (“Terms”). Please read them carefully before making a purchase.

 

1. General Conditions

 

• By agreeing to these Terms, you represent that you are at least the age of majority in your state or country of residence.

• We reserve the right to refuse service, limit sales, or cancel orders at our discretion.

• You may not use our products or website for any illegal or unauthorised purpose.

 

2. Artwork and Product Descriptions

 

• Originality and Handcrafted Nature: All original artworks listed on this website are hand-painted/created by Donna Howard. Due to the handmade nature of original art, minor variations in texture, colour, or edge details are inherent and part of the artwork’s unique character.

• Colour Accuracy: We strive to display the colours and details of our artworks as accurately as possible. However, exact colour display depends on your device’s screen settings and monitor calibration. We cannot guarantee that your display will perfectly match the actual colour of the artwork.

• Availability and Framing: All original artworks are subject to availability. Unless explicitly stated in the product listing, artworks are sold unframed or framed. All are ready to hang with D-hooks and wire.

• The story behind the painting, affixed to the reverse.

• Certificate of Authenticity, included separately.

• Protected with museum-grade archival varnish for easy long-term care.

 

3. Pricing & Payment

 

• All prices are listed in AUD ($) and are subject to change without notice.

 

4. Shipping & Delivery

 

• Fulfillment: Orders are typically processed and dispatched within 3–5 business days following confirmation of payment.

• Shipping Services: We ship original artworks via Australia Post or Pack and Send for large Artworks. Tracking information will be provided via email once your order has shipped.

• Transit Times and Delays: Estimated delivery times are provided as guidelines only. We are not responsible for delivery delays caused by postal/courier services, weather conditions, or customs holds.

 

5. Shipping Damage and Loss

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We take immense care in packaging original artworks securely for safe transportation. In the rare event that an artwork arrives damaged:

 

1. Contact us within 7 days of receiving the package at mh.donna@gmail.com.

2. Include clear photos of the damaged packaging before it is opened and the shipping label.

3. Keep all original packaging materials for verification.

 

Upon verifying the claim, we will work with you to arrange a suitable resolution.

 

6. Returns & Refunds

 

Guarantee

 

If you decide the art piece you receive is different to what you expected, and you are not happy with it, then contact me within 7 days to arrange a return. To qualify for a return, your item must be in the same condition you received and not have been used, marked or damaged in any way. To commence the return process you must contact us by email at mh.donna@gmail.com to arrange the process. The artwork must be returned in strong, secure and protective packaging. Once the artwork is returned and checked over, and no damage has been incurred, a refund will be processed within 5 working days.

 

Return Shipping

 

If a return is agreed upon, the customer is responsible for return shipping costs.

 

7. Intellectual Property and Copyright

 

• Ownership of Artwork: When you purchase an original artwork, you purchase the physical painting/piece.

• Copyright Retention: The artist, Donna Howard retains all copyright and moral rights to all artworks, including sold pieces.

• Restricted Use: Purchasing an artwork does not grant you the right to reproduce, scan, alter, resell digital copies, or manufacture prints or commercial goods from the artwork without explicit written consent from the artist.

 

8. Commissions and Custom Orders

 

• Custom artwork commissions are governed by a separate contract provided at the time of booking.

• Deposits for commission work are non-refundable once work on the piece has commenced.

 

9. Website Content and User Conduct

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• All content on this website—including images, text, logos, and design elements—is the intellectual property of DMaria Art (Donna Howard) and protected by copyright laws.

• You may not reproduce, duplicate, copy, or exploit any portion of the website content without express written permission.

 

10. Limitation of Liability

 

To the maximum extent permitted by applicable law, DMaria Art shall not be liable for any indirect, incidental, or consequential damages resulting from your use of this website or the purchase/use of any products sold through it.

 

11. Governing Law

 

These Terms of Service shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.

 

12. Changes to Terms

 

We reserve the right to modify these Terms of Service at any time. Updates will be effective immediately upon posting to this page. Your continued use of our website constitutes acceptance of the revised Terms.

 

13. Contact Information

 

Questions about these Terms of Service should be sent to us at:

 

• Business Name: DMaria Art

• Email: mh.donna@gmail.com

• Location: Berry, New South Wales, Australia

• Website: www.dmariart.com