Legal

Returns, commissions & privacy

THE KIMBERLEY SHOP · 10 RIVER GUM AVENUE, KUNUNURRA WA 6743 · ABN 96 539 272 676

About these terms

These terms cover returns on anything bought from The Kimberley Shop, commissioned artwork by Taminga Connell, and how we handle your information. By placing an order or confirming a commission you agree to them.

Nothing here excludes, restricts or modifies any right you have under the Australian Consumer Law. Where these terms conflict with that law, the law applies.

Returns

IF SOMETHING IS WRONG WITH IT

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. If an item has a major problem you may choose a refund or a replacement, and you may claim compensation for any other reasonably foreseeable loss. If the problem is minor we may repair it instead.

If something arrives faulty, damaged or not as described, contact us within a reasonable time with your order number and a photograph, and we will sort it out. We cover return postage on faulty items.

IF YOU SIMPLY CHANGE YOUR MIND

We are not required by law to refund a change of mind, but we will accept a return within 14 days of delivery where the item is unused, unworn, in original condition and in its original packaging.

Return postage is at your cost. Use a tracked service — we cannot refund an item that does not reach us. Once it arrives and has been checked we refund the price of the item, not the original shipping.

WHAT WE CANNOT TAKE BACK FOR CHANGE OF MIND

• Commissioned and original artwork, made for you
• Earrings and other pierced jewellery, for hygiene reasons
• Anything returned worn, used, altered or damaged

None of this affects your rights if an item is faulty or not as described.

NATURAL VARIATION IS NOT A FAULT

Pearls, leather, felt and timber vary piece to piece, and screens vary too. No two pearls are alike, so a pearl will not match its photograph exactly. That is the nature of the material rather than a defect.

HOW TO START A RETURN

Email us before sending anything back, so we know it is coming and can tell you where to send it.

Commissioned artwork

Commissions are undertaken by Taminga Connell, a Bunuba and Gija artist. These terms apply to every commission.

HOW A COMMISSION IS AGREED

You are welcome to share the size, the colours and the style you are drawn to. The creative decisions rest with the artist. A commission is confirmed once the price is agreed and the deposit has been received.

PRICE AND DEPOSIT

Price is set by size and by the level of detail in the piece, so it is quoted per commission. A deposit of 20% is required before work begins. That deposit covers materials and time already committed and is not refundable once work has started. The balance is payable before the finished work is dispatched.

TIMEFRAME

The usual turnaround is around six weeks from the deposit. This is an estimate, not a guarantee. Original work is not made on a production line and can take longer; we will keep you informed if it does.

YOU SEE IT WHEN IT IS FINISHED

The work is shown to you on completion. There is no sketch or concept approval stage. Please be comfortable with this before you commission — it is the arrangement under which the work is made.

COMMISSIONS CANNOT BE RETURNED FOR CHANGE OF MIND

Each piece is made individually for the person receiving it and cannot be resold as stock, so commissioned work is not returnable simply because you have changed your mind. Your rights under the Australian Consumer Law, if a work is faulty or materially different from what was agreed, are unaffected.

DELIVERY OF ARTWORK

Taminga packs every finished painting herself and ships worldwide. Risk passes on delivery. Any customs duties or import charges in the destination country are yours to pay.

COPYRIGHT

Buying an artwork gives you the physical piece. It does not transfer copyright. Copyright in all original works and designs remains with Taminga Connell under the Copyright Act 1968. You may not reproduce, copy, print, publish or use an artwork commercially — on products, in advertising, or as a logo — without her written permission. Photographing your own work for personal use is fine.

CULTURAL MATERIAL

These works carry stories and cultural knowledge belonging to the artist and her family. Please treat them accordingly.

Privacy

We are a small shop in Kununurra. We collect as little as we can, and we do not sell any of it.

WHAT WE COLLECT

When you contact us through this website, the enquiry form opens your own email program and sends us what you have typed — your name, email address, phone number if you gave one, and your message. Nothing is stored by the website itself. We hold what you send in our email and use it to answer you.

When you buy something, your order and delivery details are handled by Lightspeed, which runs our online shop, and passed to the carrier delivering your parcel. We do not see or store your card details; payment is handled by Lightspeed and its payment providers.

If you join our mailing list we keep your email address for that purpose only.

WHAT WE DO WITH IT

We use it to answer your enquiry, fulfil your order and deliver it, and to send you our newsletter if you asked for it. That is all. We do not sell your information, and we do not share it with anyone beyond what is needed to complete those things.

COOKIES

Our shop uses cookies to remember what is in your bag and to complete your order. Without them the checkout cannot work. We do not run advertising trackers on this site.

OTHER WEBSITES

This site links to other places, including Kimberley Spirit, Instagram, Google Maps, podcast apps and brand partners. Once you follow one of those links, their privacy practices apply, not ours.

HOW LONG WE KEEP IT

Order records are kept as long as the law requires for a business of our size. Enquiries sit in our email until they are no longer useful. Mailing list addresses are kept until you unsubscribe.

YOUR CHOICES

You can ask us what we hold about you, ask us to correct it, or ask us to delete it. Every newsletter has an unsubscribe link, and you can ask us to remove you at any time. Email hello@thekimberleyshop.com and we will action it.

CHANGES

If we change how we handle any of this, we will update this page.

Governing law

These terms are governed by the laws of Western Australia.

Contact us