TERMS & CONDITIONS, PURCHASE POLICY & COMMISSION AGREEMENT Effective Date: 2 November 2025 Welcome to the Madame DaVinci website. By accessing this website, purchasing artwork, commissioning artwork, enrolling in workshops, or engaging our services, you acknowledge that you have read, understood and agree to be bound by the following Terms & Conditions. 1. Definitions "Artist" refers to Madame DaVinci. "Client" refers to any individual or entity purchasing artwork or services. "Artwork" includes original artworks, commissions, prints, drawings, paintings, digital artwork, workshops and any other products or services offered by Madame DaVinci. 2. Acceptance By placing an order, paying an invoice, booking a commission or using this website, you acknowledge that you have read and accepted these Terms & Conditions in their entirety. Payment Terms Full payment is due within 24 hours of acceptance of the quotation or invoice. An order is not secured until payment has been received in full. No Cancellations Once payment has been received, the order is confirmed and cannot be cancelled. No Changes or Alterations Once an order has been confirmed, no changes, amendments, additions, substitutions or alterations will be accepted. Clients are responsible for ensuring all information, reference images, spelling, dimensions and specifications are correct prior to confirming their order. No Refund Policy Due to the bespoke and artistic nature of each piece, all sales are final. Payments made to Madame DaVinci are non-refundable and non-transferable. No refunds, credits or exchanges will be provided for change of mind, personal preference, delays outside the Artist's control, or dissatisfaction with the Artist's creative style or interpretation. 3. Pricing All prices are displayed in Australian Dollars (AUD) and exclusive of tax and gst. Prices are subject to change without notice until payment has been received. Quotes remain valid for seven (7) days unless otherwise stated. 4. Payment Terms Full payment is required within twenty-four (24) hours of accepting your quotation or invoice. Orders are not confirmed until payment has been received in full. Failure to make payment within the required time frame may result in cancellation of your order without notice. 5. No Cancellations Once payment has been received, your order is confirmed. No cancellations will be accepted after payment has been made. 6. No Changes or Alterations Once an order has been confirmed, no changes, amendments, additions, substitutions or alterations will be accepted. Clients are solely responsible for ensuring all names, spelling, dates, sizes, colours, framing selections, reference photographs and order details are correct before confirming their purchase. 7. Artistic Expression Every artwork created by Madame DaVinci is an original work of fine art. The Client understands they are purchasing or commissioning artwork in the Artist's distinctive style and artistic interpretation. The Client grants the Artist complete artistic discretion regarding: Composition Shading Detail Lighting Texture Contrast Artistic interpretation Medium Overall presentation The Artist is not required to replicate photographs exactly. Artistic interpretation forms part of every commissioned piece. Artist's Creative Expression: Every artwork created by Madame Da Vinci is an original work of art and not intended to be an exact photographic reproduction unless expressly agreed in writing. Variations in artistic interpretation, shading, texture, tone and style form part of the unique character of each piece and are not considered defects or grounds for cancellation, alteration or refund. 8. No Refund Policy Due to the custom-made and artistic nature of every artwork: • All sales are final. • All payments are non-refundable. • No refunds, exchanges or store credits will be provided. • No refunds are available for: Change of mind Personal preference Artistic interpretation Colour variations Monitor or screen differences Incorrect measurements supplied by the Client Incorrect reference photographs supplied by the Client Delays outside the Artist's reasonable control 9. Commission Policy Each commission is individually created by hand. Estimated completion dates are provided as guides only and are not guaranteed. The Artist reserves the right to determine the most appropriate artistic process for each commission. Completion dates may change due to illness, family emergencies, workload, exhibitions or unforeseen circumstances. 10. Reference Images The Client confirms they have permission to use all photographs supplied. Madame DaVinci accepts no responsibility for copyright infringement relating to reference images provided by Clients. Poor quality photographs may affect the final artwork. 11. Copyright All artwork remains the intellectual property of Madame DaVinci. The purchase of artwork does not transfer copyright ownership. Artwork may not be: Copied Reproduced Printed Scanned Digitally altered Used commercially Minted as NFTs Uploaded for AI training Used for machine learning Sold as reproductions Written permission must be obtained before any commercial use. 12. Social Media & Portfolio Rights Madame DaVinci reserves the right to photograph, scan, reproduce and publish completed artwork for: Portfolio use Website Social media Exhibitions Marketing Promotional material Competitions Publications Unless otherwise agreed in writing. 13. Shipping Shipping costs are additional unless otherwise stated. Delivery estimates are provided by shipping carriers only. Madame DaVinci is not responsible for delays caused by: Couriers Customs Weather Natural disasters Industrial action Public holidays Events outside reasonable control 14. Transit Damage Clients must inspect their package immediately upon delivery. Any damage must be reported within forty-eight (48) hours. Claims must include: Photographs of the packaging Photographs of the damaged artwork Proof of purchase Failure to notify within this time frame may void any shipping claim. 15. Collection Artwork remaining uncollected for more than ninety (90) days after notification may incur storage fees. If collection has not been arranged after repeated attempts to contact the Client, Madame DaVinci reserves the right to resell or otherwise dispose of the artwork to recover storage costs. 16. Gift Vouchers Gift vouchers: Are non-refundable. Cannot be exchanged for cash. Cannot be replaced if lost or stolen. 17. Workshops Workshop bookings are non-refundable. Failure to attend does not entitle participants to a refund. Madame DaVinci reserves the right to postpone or cancel workshops where necessary. 18. Limitation of Liability Madame DaVinci shall not be liable for indirect, incidental or consequential loss arising from delays, shipping, misuse of artwork or events beyond the Artist's reasonable control. 19. Madame DaVinci shall not be responsible for delays caused by circumstances beyond reasonable control including but not limited to illness, injury, natural disasters, government restrictions, pandemics, supply shortages, courier disruptions or acts of God. 20. Website content. Every effort has been made to ensure accuracy. Madame DaVinci reserves the right to update products, pricing, descriptions or these Terms & Conditions without prior notice. 21. These Terms & Conditions shall be governed by the laws applicable in New South Wales, Australia. Client Agreement By purchasing artwork, paying an invoice, commissioning artwork, enrolling in a workshop or using this website, you acknowledge that: You have read these Terms & Conditions. You understand all sales are final. You accept that commissioned artwork is an original artistic expression. You accept the Artist's creative discretion. You agree that no changes, cancellations or refunds are available once payment has been received. You agree to be legally bound by these Terms & Conditions. 22.CERTIFICATE OF AUTHENTICITY Original artworks and selected Limited Edition Prints include a signed Certificate of Authenticity verifying the artwork's authenticity and provenance. The Certificate does not transfer copyright ownership and must not be copied, altered or reproduced. Replacement Certificates are available at the sole discretion of Madame DaVinci and incur a non-refundable AUD $150 administration and reissue fee. Proof of ownership may be required before a replacement is issued. Jacine Makdessi © Madame Da Vinci. All rights reserved. ---------- Forwarded message ---------- From: Jacine Date: 20 July 2026 2:46 pm Subject: Wix web To: madamedavinci@yahoo.com Cc: MADAME DA VINCI – TERMS & CONDITIONS, PURCHASE POLICY & COMMISSION AGREEMENT Effective Date: [Insert Date] Welcome to the Madame Da Vinci website. By accessing this website, purchasing artwork, commissioning artwork, enrolling in workshops, or engaging our services, you acknowledge that you have read, understood and agree to be bound by the following Terms & Conditions. 1. Definitions "Artist" refers to Madame Da Vinci. "Client" refers to any individual or entity purchasing artwork or services. "Artwork" includes original artworks, commissions, prints, drawings, paintings, digital artwork, workshops and any other products or services offered by Madame Da Vinci. 2. Acceptance By placing an order, paying an invoice, booking a commission or using this website, you acknowledge that you have read and accepted these Terms & Conditions in their entirety. Payment Terms Full payment is due within 24 hours of acceptance of the quotation or invoice. An order is not secured until payment has been received in full. No Cancellations Once payment has been received, the order is confirmed and cannot be cancelled. No Changes or Alterations Once an order has been confirmed, no changes, amendments, additions, substitutions or alterations will be accepted. Clients are responsible for ensuring all information, reference images, spelling, dimensions and specifications are correct prior to confirming their order. No Refund Policy Due to the bespoke and artistic nature of each piece, all sales are final. Payments made to Madame Da Vinci are non-refundable and non-transferable. No refunds, credits or exchanges will be provided for change of mind, personal preference, delays outside the Artist's control, or dissatisfaction with the Artist's creative style or interpretation. 3. Pricing All prices are displayed in Australian Dollars (AUD). Prices are subject to change without notice until payment has been received. Quotes remain valid for seven (7) days unless otherwise stated. 4. Payment Terms Full payment is required within twenty-four (24) hours of accepting your quotation or invoice. Orders are not confirmed until payment has been received in full. Failure to make payment within the required timeframe may result in cancellation of your order without notice. 5. No Cancellations Once payment has been received, your order is confirmed. No cancellations will be accepted after payment has been made. 6. No Changes or Alterations Once an order has been confirmed, no changes, amendments, additions, substitutions or alterations will be accepted. Clients are solely responsible for ensuring all names, spelling, dates, sizes, colours, framing selections, reference photographs and order details are correct before confirming their purchase. 7. Artistic Expression Every artwork created by Madame Da Vinci is an original work of fine art. The Client understands they are purchasing or commissioning artwork in the Artist's distinctive style and artistic interpretation. The Client grants the Artist complete artistic discretion regarding: Composition Shading Detail Lighting Texture Contrast Artistic interpretation Medium Overall presentation The Artist is not required to replicate photographs exactly. Artistic interpretation forms part of every commissioned piece. Artist's Creative Expression: Every artwork created by Madame Da Vinci is an original work of art and not intended to be an exact photographic reproduction unless expressly agreed in writing. Variations in artistic interpretation, shading, texture, tone and style form part of the unique character of each piece and are not considered defects or grounds for cancellation, alteration or refund. 8. No Refund Policy Due to the custom-made and artistic nature of every artwork: • All sales are final. • All payments are non-refundable. • No refunds, exchanges or store credits will be provided. • No refunds are available for: Change of mind Personal preference Artistic interpretation Colour variations Monitor or screen differences Incorrect measurements supplied by the Client Incorrect reference photographs supplied by the Client Delays outside the Artist's reasonable control 9. Commission Policy Each commission is individually created by hand. Estimated completion dates are provided as guides only and are not guaranteed. The Artist reserves the right to determine the most appropriate artistic process for each commission. Completion dates may change due to illness, family emergencies, workload, exhibitions or unforeseen circumstances. 10. Reference Images The Client confirms they have permission to use all photographs supplied. Madame Da Vinci accepts no responsibility for copyright infringement relating to reference images provided by Clients. Poor quality photographs may affect the final artwork. 11. Copyright All artwork remains the intellectual property of Madame Da Vinci. The purchase of artwork does not transfer copyright ownership. Artwork may not be: Copied Reproduced Printed Scanned Digitally altered Used commercially Minted as NFTs Uploaded for AI training Used for machine learning Sold as reproductions Written permission must be obtained before any commercial use. 12. Social Media & Portfolio Rights Madame Da Vinci reserves the right to photograph, scan, reproduce and publish completed artwork for: Portfolio use Website Social media Exhibitions Marketing Promotional material Competitions Publications Unless otherwise agreed in writing. 13. Shipping Shipping costs are additional unless otherwise stated. Delivery estimates are provided by shipping carriers only. Madame Da Vinci is not responsible for delays caused by: Couriers Customs Weather Natural disasters Industrial action Public holidays Events outside reasonable control 14. Transit Damage Clients must inspect their package immediately upon delivery. Any damage must be reported within forty-eight (48) hours. Claims must include: Photographs of the packaging Photographs of the damaged artwork Proof of purchase Failure to notify within this timeframe may void any shipping claim. 15. Collection Artwork remaining uncollected for more than ninety (90) days after notification may incur storage fees. If collection has not been arranged after repeated attempts to contact the Client, Madame Da Vinci reserves the right to resell or otherwise dispose of the artwork to recover storage costs. 16. Gift Vouchers Gift vouchers: Are non-refundable. Cannot be exchanged for cash. Cannot be replaced if lost or stolen. 17. Workshops Workshop bookings are non-refundable. Failure to attend does not entitle participants to a refund. Madame Da Vinci reserves the right to postpone or cancel workshops where necessary. 18. Limitation of Liability Madame Da Vinci shall not be liable for indirect, incidental or consequential loss arising from delays, shipping, misuse of artwork or events beyond the Artist's reasonable control. 19. Force Majeure Madame DaVinci shall not be responsible for delays caused by circumstances beyond reasonable control including but not limited to illness, injury, natural disasters, government restrictions, pandemics, supply shortages, courier disruptions or acts of God. 20. Website Content Every effort has been made to ensure accuracy. Madame DaVinci reserves the right to update products, pricing, descriptions or these Terms & Conditions without prior notice. 21. Governing Law These Terms & Conditions shall be governed by the laws applicable in New South Wales, Australia. Client Agreement By purchasing artwork, paying an invoice, commissioning artwork, enrolling in a workshop or using this website, you acknowledge that: You have read these Terms & Conditions. You understand all sales are final. You accept that commissioned artwork is an original artistic expression. You accept the Artist's creative discretion. You agree that no changes, cancellations or refunds are available once payment has been received. You agree to be legally bound by these Terms & Conditions. Jacine Makdessi © Madame Da Vinci. All rights reserved.
