Terms and Conditions for Kylie Fogarty Art

Privacy of Information. 

Information I Collect

To send you regular news from the Kylie Fogarty Art Studio, you must provide me with certain information (which you authorised Mailchimp, Etsy or my Webstore) to provide to me), such as your name, email address and interests. You may also choose to provide me with additional personal information (for a custom order of a large artwork, for example), if you contact me directly. I use the service Mailchimp, which you are welcome to unsubscribe from at any time using the button below.

To fulfil your order, you must provide me with certain information, such as your name, email address, postal address, payment information, and the details of the product that you’re ordering. You may also choose to provide me with additional personal information (for a custom order of a large artwork, for example), if you contact me directly.

Why I Need Your Information and How I Use It

I rely on a number of legal bases to collect, use, and share your information, including:

  • as needed to provide my services, such as when I use your information to fulfil your order, to settle disputes, or to provide customer support;
  • when you have provided your affirmative consent, which you may revoke at any time, such as by signing up for my mailing list;
  • if necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; and
  • as necessary for the purpose of my legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as 1) providing and improving my services. I use your information to provide the services you requested and in my legitimate interest to improve my services; and 2) Compliance with the Etsy Seller Policy and Terms of Use. I use your information as necessary to comply with my obligations under the Etsy Seller Policy and Terms of Use.

Information Sharing and Disclosure

Information about my customers is important to my business. I share your personal information for very limited reasons and in limited circumstances, as follows:

  • I share information with Mailchimp to send you information about the art practice of Kylie Fogarty Art, special news, VIP Offers and items of interest in the art world.
  • I share information with Etsy as necessary to provide you my services and comply with my obligations under both the Etsy Seller Policy and Etsy Terms of Use.
  • Service providers. I engage certain trusted third parties to perform functions and provide services to my shop, such as delivery companies. I will share your personal information with these third parties, but only to the extent necessary to perform these services.
  • Business transfers. If I sell or merge my business, I may disclose your information as part of that transaction, only to the extent permitted by law.
  • Compliance with laws. I may collect, use, retain, and share your information if I have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce my agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of my customers, or others. 

Data Retention

I retain your personal information only for as long as necessary to provide you with my services and as described in my Privacy Policy. However, I may also be required to retain this information to comply with my legal and regulatory obligations, to resolve disputes, and to enforce my agreements. I generally keep your data for the following time period: 4 years.

Transfers of Personal Information Outside the EU

I may store and process your information through third-party hosting services in the US and other jurisdictions. As a result, I may transfer your personal information to a jurisdiction with different data protection and government surveillance laws than your jurisdiction. If I am deemed to transfer information about you outside of the EU, I rely on Privacy Shield as the legal basis for the transfer, as Google Cloud is Privacy Shield certified.

Your Rights

If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. I describe these rights below:

  • You may have the right to access and receive a copy of the personal information I hold about you by contacting me using the contact information below.
  • Change, restrict, delete. You may also have rights to change, restrict my use of, or delete your personal information. Absent exceptional circumstances (like where I am required to store data for legal reasons) I will generally delete your personal information upon request.
  • You can object to (i) my processing of some of your information based on my legitimate interests and (ii) receiving marketing messages from me after providing your express consent to receive them. In such cases, I will delete your personal information unless I have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.
  • If you reside in the EU and wish to raise a concern about my use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.

How to Contact Me

For purposes of EU data protection law, I, Kylie Fogarty, am the data controller of your personal information. If you have any questions or concerns, you may contact me at kylie@kyliefogarty.com. Alternately, you may mail me at:

Kylie Fogarty, P.O. Box 598, Mitchell 2911 ACT, Australia


Further Information

Thank you for taking the time to read through all my policies when deciding to invest in one of my artworks.  If you have any further questions, please do not hesitate to contact me.

Payment Policy

***Please note that buyers are responsible for any and all duties and customs charges that may be incurred.

At this time, I accept Paypal or Direct Deposit into my Bank Account only.

Layby / Payment Instalments

I am happy to offer a layby service, please email for more details on kylie@kyliefogarty.com

If you wish to purchase using a credit card, you may do so via Paypal without having a Paypal account. If you need assistance with this process, please read this following link https://www.paypal.com/au/cgi-bin/webscr?cmd=xpt/Marketing/general/how-to-use-paypal-outside or please contact me and I will be happy to guide you.

I kindly request payment immediately upon purchase. Transactions will be cancelled after five days of non-payment. Should you have any problems with the payment process, please contact me.

I reserve the right to refuse a transaction for any reason.


Delivery Policy

I post via Australia Post using Registered Post where possible and within five business days of payment. For large Canvas Art, I use a Professional Courier Service.

I make every effort to ensure that your purchase arrives safely and promptly.

International buyers are welcome! If you would like to invest in my art, please contact me for a Shipping quote BEFORE you purchase the artwork.

Also, as a buyer from overseas, you are responsible for all duty taxes, customs and quarantine requirements that your country may have. It is the responsibility of the purchaser to pay any duties and search out any restrictions that may be associated with purchasing this artwork.

Australian based Orders, please permit at least three weeks for delivery.

Overseas customers, this can range from as little as 2-3 weeks, but has been known to take up to 12 weeks to some locations.

Please ensure that your address submitted during checkout matches your Paypal address. You may add alternate addresses to your Paypal account – if you need assistance with this, please contact me. If your Paypal shipping address and Etsy shipping address do not match, I will not ship the item until you have confirmed the correct address. I want your item to get to you!

If you would like this item sent as a gift, please contact me for further details.


Refund Policy

I try my hardest to accurately describe and photograph my artworks and prints. Please keep in mind that monitors do vary and therefore there may slight variations in tones and colours.

If you are dissatisfied with your purchase for any reason, please contact me.

Your satisfaction and happiness is my major concern. I have a 14 day return policy whereby, in the unlikely occurrence  you are unhappy with your purchase I will provide a full refund (minus any non-refundable deposits such as in Commission Art) once the artwork is returned to me in the original condition it was sent to you in.

Return shipping and postage is the responsibility of the purchaser.

If you have any queries or concerns please contact me as I am always happy to try and help out.


Commission Enquiries

I am happy to accept commissions of all sizes, the largest to date has been 2.9 x 0.9m, the smallest being miniature works at 2.5 x 3.5″

All subjects will be considered, I love to paint and draw Portraiture, Animal Portraiture and welcome enquiries regarding any artworks of varying styles.

My flower works have proven to be a great way to send flowers overseas, and they last longer too!

If you would like to see more of my works or require any further information please visit www.kyliefogarty.com

For regular updates from my studio please visit my blog at www.kyliefogarty.com/blog


Thankyou for your interest in my work ~ K.