Terms of Service

TERMS OF SERVICE & TRADING CONDITIONS

RONAN HOLDSWORTH GALLERY (RHG)

Last Updated: September 2026

SECTION 1 - INTRODUCTION & BINDING EFFECT

This website and all associated services are operated by Ronan Holdsworth Gallery (operating as RHG, accessible via [https://www.ronanholdsworthgallery.au/](https://www.ronanholdsworthgallery.au/)). Throughout the site, the terms “we”, “us” and “our” refer to Ronan Holdsworth Gallery. By accessing our site, browsing, purchasing fine art prints, or subscribing to any membership tier (Observer, Collector, or The Curator), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, subscribers, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

SECTION 2 - GOVERNING LAW & AUSTRALIAN CONSUMER LAW (ACL)

2.1. Jurisdiction: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Victoria and the Commonwealth of Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria and federal courts of Australia.

2.2. Australian Consumer Law (ACL): Nothing in these Terms of Service excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other applicable state or territory legislation, except to the extent legally permitted. If any provision of these Terms is inconsistent with the ACL, the ACL shall prevail to the extent of the inconsistency.

SECTION 3 - GENERAL CONDITIONS

3.1. We reserve the right to refuse service to anyone for any reason at any time.

3.2. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

3.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

3.4. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 - SUBSCRIPTION TIERS, MEMBERSHIP TERMS & CURATOR CREDITS

4.1. Membership Structures: RHG offers distinct recurring subscription tiers providing tiered access to digital content, physical print drops, studio previews, and asset-accumulation credits:

Observer ($15 / month): Grants digital archive access, standard newsletter updates, and community content.
Collector ($85 / quarter): Grants quarterly physical print drops, member-only digital previews, and priority access to standard collections.
The Curator ($150 / month): Grants top-tier patronage, private studio viewings, inclusion in all quarterly and annual print releases, direct artist communication lines, and the Curator Credit accumulation scheme.

4.2. Billing, Auto-Renewal & Payment Authorisations:

Subscriptions operate on a recurring billing cycle (monthly or quarterly) based on your selected tier.
By subscribing, you authorize RHG (via our secure third-party payment processors) to automatically charge your nominated payment method on a recurring basis until you cancel.

4.3. The Curator Credit Accumulation Scheme:

Active, un-interrupted monthly subscription payments made under The Curator tier accrue as a non-refundable trade deposit / purchase credit ("Curator Credit") toward acquiring original, large-scale collection pieces (such as 2x2 meter Belgian linen canvases) directly through RHG.
Curator Credits hold no cash value, cannot be redeemed for cash refunds, and remain active solely as a trade credit applied against original artworks. If a Curator subscription is cancelled or lapses, accumulated credit terms are subject to studio review and expiration terms.

4.4. Subscription Cancellation:

Subscriptions may be cancelled at any time through your member account portal or by contacting studio management directly at art@ronanholdsworthgallery.au.
Cancellation takes effect at the end of your current active billing period. No retroactive refunds are provided for partial subscription periods, except where required under the Australian Consumer Law.

SECTION 5 - PRODUCTS, UNLISTED ANNUAL EDITIONS & MEDIUM SPECIFICATIONS

5.1. Digital-to-Physical Workflows: RHG specializes in original fine art, digital-to-physical workflows (including digital painting executed via Rebelle 8 software), archival cotton rag prints (310gsm), and large-scale canvases embellished with wabi-sabi gold leaf cracks.

5.2. Unlisted Member Editions: Certain high-value annual print editions are restricted exclusively to active subscription members via private, unlisted catalog links. Unauthorized sharing, distribution, or public posting of these unlisted links is strictly prohibited and constitutes a material breach of these Terms.

5.3. Representations & Variations: We make every effort to display artwork colors, textures, and digital mockups as accurately as possible. However, due to variances in digital screen calibrations, lighting conditions, and natural variations in handmade materials (such as Belgian linen, gold leaf, and archival cotton rag), slight variations between the digital display and the physical artwork may occur. These minor variations do not constitute a defect or a basis for a "change of mind" return.

5.4. Availability & Limitations: Certain products or services may be available exclusively online through the website in limited quantities. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

6.1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

6.2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - SHIPPING, TRANSIT RISK & DAMAGE PROTOCOLS

7.1. Production & Dispatch: Custom-produced fine art prints are dispatched from our Wangaratta studio securely rolled in heavy-duty, reinforced rigid mailing tubes to ensure maximum protection.

7.2. Risk and Title: Title and risk of loss or damage to artwork pass to the customer upon delivery of the items to the designated shipping address or carrier agent.

7.3. Transit Damage: In the rare event that an item arrives damaged in transit, you must notify RHG in writing within 48 hours of delivery, accompanied by clear photographic evidence of both the exterior packaging and the damaged print. Failure to notify within this timeframe may impair our ability to claim against transport insurers, though your statutory consumer rights under the ACL remain fully protected.

SECTION 8 - RETURNS, REFUNDS & AUSTRALIAN CONSUMER LAW STATUTORY GUARANTEES

8.1. Change of Mind: Because fine art prints, member editions, and custom original commissions are custom-produced per order, RHG does not offer refunds or exchanges for change of mind. Please select carefully before committing to a purchase or subscription tier.

8.2. Consumer Guarantees: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

8.3. Faulty or Misdescribed Items: If a print is faulty, significantly different from its description, or damaged upon arrival (and verified pursuant to Section 7.3), RHG will provide a complimentary reprint, repair, or refund in accordance with ACL guidelines.

SECTION 9 - INTELLECTUAL PROPERTY & ARTIST RIGHTS

9.1. All original artworks, digital illustrations (including Rebelle 8 exports), photographs, text, graphics, logos, and website design elements are the exclusive intellectual property of Ronan Holdsworth and Ronan Holdsworth Gallery.

9.2. Copyright & Moral Rights: Purchasing a physical print, membership tier, or collection piece transfers ownership of that physical object only. It does not transfer copyright, reproduction rights, licensing rights, or commercial exploitation rights. Under the Copyright Act 1968 (Cth), the artist retains all moral rights, including the right of attribution and the right against derogatory treatment of the work.

SECTION 10 - OPTIONAL TOOLS & THIRD-PARTY LINKS

10.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

10.2. Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We assume no liability or responsibility for any third-party materials, websites, products, or services.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which complies with the Privacy Act 1988 (Cth).

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

15.1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, save for non-excludable consumer guarantees under the Australian Consumer Law.

15.2. To the maximum extent permitted by law, Ronan Holdsworth Gallery, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of any of the service or any products procured using the service. In jurisdictions where exclusion of liability for consequential damages is restricted, our liability is limited to the maximum extent permitted by law, or to the total amount paid by you for the specific product or billing cycle.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Ronan Holdsworth Gallery and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.

SECTION 17 - SEVER-ABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, without affecting the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice.

SECTION 19 - ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

SECTION 21 - CONTACT INFORMATION

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

Business Name: Ronan Holdsworth Gallery (RHG)
Location: Wangaratta, Victoria, Australia
Email: art@ronanholdsworthgallery.au
Phone: +61 432 793 484

​TERMS OF SERVICE & TRADING CONDITIONS