Terms and Conditions of Sale
For hemakshivalera.com
Last updated: 2 August 2026
1. About us
This website is operated by Hemakshi Valera, trading as a sole trader (ABN 96 670 694 944), a sole trader based in Shepparton, Victoria, Australia.
In these terms, “we”, “us” and “our” mean Soul Shades Art. “You” means the person placing an order through our website.
Contact: kashievalerham@gmail.com
By placing an order through this website, you agree to these Terms and Conditions of Sale.
2. Prices and currency
All prices are listed in Australian dollars (AUD).
We are not currently registered for GST, so GST is not charged on your order.
Prices may change at any time. A price change will not affect an order we have already accepted.
Prices shown include standard delivery within Australia. International delivery is not included in the price and is arranged separately — see section 6.
3. Orders and acceptance
Each painting sold as an original is a one-of-a-kind physical artwork. Once an original painting has been sold, it will be removed from sale and will not be sold again as the same original artwork.
We may continue to use photographs of an artwork. We may offer reproductions or prints unless the relevant product description expressly states that the artwork or image will not be reproduced.
When you place an order, you will receive an automatic order confirmation. This confirms that we have received your order but does not mean that we have accepted it.
A contract between you and us is formed only when we send you a dispatch confirmation or otherwise confirm in writing that we have accepted your order.
We may decline or cancel an order before it has been accepted, including where:
- the painting is no longer available;
- the price, product information or description was listed incorrectly;
- we are unable to verify or process your payment;
- we suspect fraud or unauthorised activity; or
- the delivery address is outside the areas to which we ship.
If we decline or cancel an order after payment has been taken, we will refund the amount paid to the original payment method.
4. Payment
We accept the payment methods displayed at checkout. Payments are processed securely by third-party payment providers. We do not receive or store your complete card details.
Payment is taken when you place your order. Your order will not be dispatched until payment has cleared in full.
If we decline or cancel an order after payment has been taken, we will refund the amount paid to the original payment method.
Afterpay
If you choose Afterpay, your use of Afterpay and your repayment obligations are governed by Afterpay’s own terms and conditions.
Afterpay’s approval of your payment is separate from our acceptance of your order. Questions about the artwork, delivery, returns or your rights under Australian Consumer Law remain our responsibility. Questions about your Afterpay account, repayment schedule, fees or late charges should be directed to Afterpay.
5. Colour, appearance and dimensions
Every painting is handmade. We make reasonable efforts to photograph and display each artwork accurately, but colours, tones, texture and brightness may appear differently depending on your screen, lighting and device settings.
Small variations in the surface, edges, texture, brushwork and finish are characteristics of an original handmade artwork and are not defects.
Dimensions shown on the product page refer to the size of the canvas or artwork and are accurate to within 2 to 3 cm.
Frames, display furniture, room mock-ups and decorative objects shown in product photographs are not included unless expressly stated in the product description.
6. Delivery
We deliver throughout Australia. Standard delivery within Australia is included in the price shown at checkout.
- International delivery may be available by prior arrangement. Please contact us before ordering so that availability, cost and delivery requirements can be confirmed.
Orders are usually dispatched within 3 to 7 business days after payment has cleared, unless a different timeframe is stated on the product page.
Estimated delivery is 5 to 10 business days in Australia and 10 to 20 business days internationally after dispatch, depending on your location. Dispatch and delivery timeframes are estimates and may be affected by circumstances outside our reasonable control.
If your order is significantly delayed or has not arrived, please contact us so that we can investigate with the delivery provider and provide any remedy required under Australian Consumer Law.
Tracking details will be provided when available after your order has been dispatched.
You are responsible for ensuring that the delivery address supplied at checkout is complete and correct. Please contact us immediately if you notice an error. We may be unable to change or redirect an order after it has been dispatched.
If an order is returned to us because an incorrect or incomplete address was supplied, we may require payment of reasonable additional delivery charges before resending it. This does not limit any rights you may have under Australian Consumer Law.
Risk in the artwork passes to you when it is delivered to you or to a person authorised by you to receive it.
7. Damage in transit
We package each artwork carefully, but damage can occasionally occur during delivery.
If your artwork arrives damaged, please contact us via email as soon as reasonably possible, preferably within seven days of delivery, and provide:
- your name and order number;
- photographs clearly showing the damage to the artwork;
- photographs of the internal and external packaging as it arrived; and
- any other information reasonably required to assess the damage.
Please keep the artwork and all packaging until the matter has been assessed.
Where transit damage is confirmed, we will provide an appropriate remedy. Depending on the circumstances and the availability of the artwork, this may include a refund, repair, replacement or an agreed alternative artwork.
This notification request does not limit your rights under Australian Consumer Law.
8. Returns and Australian Consumer Law
Our goods come with guarantees that cannot be excluded under Australian Consumer Law.
You may be entitled to a replacement or refund for a major failure and compensation for other reasonably foreseeable loss or damage. You may also be entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded, restricted or modified.
Change of mind
Because each original artwork is one of a kind, we do not offer refunds or exchanges simply because you change your mind.
Please read the product description and dimensions carefully and review all photographs before ordering. You are welcome to contact us before purchasing if you would like further information or additional photographs.
This change-of-mind policy does not affect your rights where an artwork is faulty, damaged, not as described or otherwise fails to meet a consumer guarantee.
Commissions
Commissioned artworks are created to an agreed brief and are not returnable for change of mind.
A deposit of 50% is payable before work begins.
If you cancel a commission after work has begun, we may retain a reasonable amount from the deposit to cover materials purchased, non-recoverable expenses and work already completed. Any remaining balance will be refunded.
If we cancel the commission, all amounts paid for work that has not been supplied will be refunded.
Any estimated completion date for a commission is an estimate unless we expressly agree in writing that a particular date is guaranteed.
Nothing in this section limits your rights under Australian Consumer Law.
9. Copyright and permitted use
Copyright in each artwork and in photographs or digital images of it remains with Hemakshi Valera unless expressly transferred in a separate written agreement.
When you purchase an original painting, you acquire ownership of the physical artwork. You do not acquire copyright or any right to reproduce, copy, alter, distribute or commercially exploit the artwork or images of it.
You must not use the artwork or images of it for advertising, branding, packaging, merchandise, prints, products, publications or any other commercial purpose without our prior written permission.
You may photograph the artwork in your home or other personal setting and share those photographs for personal, non-commercial purposes, including on social media. A credit to @soulshades13 is appreciated but not required.
We may continue to photograph, display and reproduce images of a sold artwork for our portfolio, website, social media, exhibitions, publications, prints and promotional purposes unless we have expressly agreed otherwise in writing.
10. Exhibitions, art prizes and availability
An artwork that is committed to an exhibition, art prize, gallery or other event will, where reasonably practicable, be identified on its product page together with any expected delay to delivery.
By ordering an artwork that is clearly identified as subject to a delayed dispatch date, you agree to that stated timeframe.
If an artwork becomes unavailable before we accept your order, we will contact you promptly and provide a full refund of any amount paid.
Once we have accepted your order, we will not cancel the sale solely so that the artwork can be entered into an exhibition, art prize or gallery. Any later delivery arrangement must be agreed with you.
11. Privacy
We collect personal information reasonably necessary to process and deliver your order, communicate with you, manage customer enquiries and meet our legal obligations.
We do not sell your personal information.
Payment information is processed by our payment providers and is not stored by us in complete card form.
Please refer to our Privacy Policy for further information about how we collect, use, store and disclose personal information.
12. Liability
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including rights under Australian Consumer Law.
To the extent permitted by law, for claims that do not arise from a breach of a non-excludable consumer right, our total liability relating to an order is limited to the amount you paid for that order.
13. Changes to these terms
We may update these terms from time to time. The version published on this website at the time you place your order is the version that applies to that order.
14. Governing law
These terms are governed by the laws of Victoria, Australia.
You and we submit to the jurisdiction of the courts and tribunals of Victoria and any other courts or tribunals that have jurisdiction under applicable consumer law.