Terms and Conditions

Last updated: 2 September 2026

These Terms and Conditions (“Terms”) apply to the use of this website and to all purchases made from Iluka Ilai, ABN 27 370 058 387 (“Iluka Ilai”, “we”, “us” or “our”).
 

Iluka Ilai is an Aboriginal artist business based in South Australia, Australia, offering original artwork, handmade jewellery and related products.
 

By accessing our website, placing an order or purchasing a product from Iluka Ilai, you agree to these Terms.
 

Nothing in these Terms excludes, restricts or modifies any right or remedy available to you under the Australian Consumer Law or any other law that cannot legally be excluded, restricted or modified.
 

1. Australian Consumer Law

Our goods come with rights and guarantees that cannot be excluded under the Australian Consumer Law (“ACL”), contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and applicable to consumer transactions in South Australia.
 

Products supplied to consumers must comply with the consumer guarantees required by law, including being:

• of acceptable quality;

• reasonably fit for their intended purpose;

• consistent with their description;

• consistent with any sample or representation provided, where applicable; and

• supplied with any other guarantees required under the Australian Consumer Law.

If a product fails to comply with a consumer guarantee, you may be entitled to a repair, replacement, refund or another remedy depending on the circumstances and whether the failure is major or minor.

These rights apply regardless of anything else stated in these Terms.
 

2. Our Products

Iluka Ilai may offer products including:

• original paintings and artworks;

• art prints and reproductions;

• handmade jewellery;

• custom or commissioned artwork;

• custom or personalised jewellery; and

• other art-related products.

Individual product listings will provide further information about each item.

We make reasonable efforts to ensure descriptions, photographs, measurements, materials and other product information displayed on our website are accurate.
 

3. Handmade and Original Products

Many Iluka Ilai products are individually handmade.

Because of this, small differences in colour, shape, pattern, texture, finish, size, bead placement or other details may occur between individual pieces.

These natural variations are part of the handmade nature of the product and are not necessarily defects where the item remains consistent with its description and meets the requirements of the Australian Consumer Law.

Original artworks are individually created and may contain natural variations resulting from the materials and artistic process used.

The handmade nature of a product will not be used to deny your rights where an item is faulty, damaged, materially different from its description or otherwise fails to comply with a consumer guarantee.
 

4. Product Images and Colours

We take reasonable care to represent our products accurately.

However, colours and appearance may vary slightly depending on photography, lighting, your device, screen settings and the handmade nature of the product.

Where exact colours, measurements or materials are particularly important to you, please contact us before placing your order.
 

5. Handmade Jewellery

Our handmade jewellery may contain a variety of materials. Where appropriate, materials will be identified in the relevant product description.

Customers with allergies or sensitivities should carefully review the listed materials before purchasing and contact us at info@ilukailai.com.au if further information is required.

Individual reactions to metals, beads, finishes and other jewellery materials can vary.

Unless expressly identified as suitable for children, our jewellery is intended for adult use and may contain small parts that are unsuitable for babies or young children.

Any care instructions supplied with jewellery should be followed to help preserve the item.

Nothing in this section limits your rights where jewellery is unsafe, faulty, incorrectly described or otherwise fails to comply with the Australian Consumer Law.
 

6. Prices

All prices displayed on the Iluka Ilai website are in Australian dollars (AUD) unless otherwise stated.

Where GST is applicable, displayed prices will include GST unless clearly stated otherwise.

Any applicable delivery, postage or other compulsory charges will be disclosed before you complete your purchase.

We will not intentionally add undisclosed compulsory charges after you have committed to purchasing an item.
 

7. Payment

Payment must be made using one of the payment methods offered through our website.

Payments may be processed by third-party payment providers. Those providers may have their own terms, conditions and privacy practices.

An order is not considered paid until payment has been successfully processed.
 

8. Orders

When you submit an order through our website, you are offering to purchase the products in your order subject to these Terms.

An automatically generated email acknowledging receipt of your order does not necessarily mean that we have accepted your order.

We may accept your order by issuing an order confirmation or otherwise confirming that your order has been accepted.

Once an order has been accepted, it will only be cancelled or altered in accordance with these Terms and applicable law.
 

9. Product Availability and Errors

Many Iluka Ilai artworks and handmade pieces are unique or produced in limited quantities.

Occasionally, an item may become unavailable before website inventory has updated.

We may also correct genuine website errors, including incorrect descriptions or pricing errors, before accepting an order.

If you have already paid for a product that we are unable to supply, we will contact you as soon as reasonably practicable and provide an appropriate solution, including a full refund where required.

Nothing in this section allows us to disregard Australian Consumer Law requirements concerning pricing, misleading representations or accepting payment for goods that we know we cannot supply.
 

10. Shipping and Delivery

Available shipping methods, charges and estimated processing or delivery timeframes will be displayed on our website or during checkout.

Because some products are handmade or made to order, processing time may be required before dispatch.

Unless we expressly guarantee a particular delivery date, delivery dates and timeframes are estimates.

We will take reasonable steps to dispatch and supply orders within the timeframe represented to you or otherwise within a reasonable period.

Our obligations to you do not automatically end when a parcel is handed to a postal or courier provider.

If your order is significantly delayed, lost or damaged during delivery, please contact us at info@ilukailai.com.au so that we can investigate and provide any remedy required by law.
 

11. Delivery Details

You are responsible for providing complete and accurate delivery information when placing your order.

If you notice an error in your delivery details, please contact us at info@ilukailai.com.au as soon as possible.

We cannot guarantee that delivery details can be changed once an order has been processed or dispatched.

If an order is returned to us because the delivery information supplied by the customer was incorrect or incomplete, we may require payment of reasonable additional postage costs before resending the order, where permitted by law.
 

12. Faulty, Damaged or Incorrect Products

If you believe that a product:

• is faulty;

• has arrived damaged;

• is unsafe;

• is materially different from its description;

• is the wrong item; or

• otherwise fails to comply with a consumer guarantee,

please contact info@ilukailai.com.au with your order details and information about the issue.

We may reasonably request photographs or other information to help us assess the problem.

Where a product has a major failure under the Australian Consumer Law, you may be entitled to choose between a refund or replacement.

Where a failure is minor, we may be entitled to provide a repair or another remedy permitted by law.

You are not required to have the original packaging in order to exercise your Australian Consumer Law rights, although we may ask for reasonable proof of purchase.

Where you pay reasonable return postage for an item and we confirm that the product has a problem covered by the Australian Consumer Law, reasonable return costs will be reimbursed where required by law.
 

13. Change-of-Mind Returns

The Australian Consumer Law does not generally require businesses to provide a refund or exchange simply because a customer changes their mind.

Unless a product listing or another Iluka Ilai policy expressly states otherwise, we do not provide refunds or exchanges where you:

• change your mind;

• no longer want the product;

• choose the wrong item, colour or size;

• find a similar item elsewhere; or

• find the item at a lower price elsewhere.

This section does not apply where a product is faulty, unsafe, materially different from its description or otherwise fails to comply with the Australian Consumer Law.

Your statutory consumer rights always continue to apply.
 

14. Custom, Personalised and Commissioned Work

Where we offer custom, personalised or commissioned products, additional terms may be agreed before work begins.

These may include:

• dimensions;

• materials;

• colours;

• design requirements;

• price;

• deposit or payment requirements;

• completion timeframe; and

• number of revisions included.

Any details agreed between Iluka Ilai and the customer will form part of the contract for the commissioned or personalised work.

Because custom products are created specifically for the customer, change-of-mind cancellations or returns may not be available after work has commenced or materials have been purchased.

Where an order is cancelled, any amount retained from a deposit will be reasonable having regard to work already completed, materials purchased and losses reasonably incurred.

Nothing in this section limits your rights if commissioned or personalised work fails to comply with the Australian Consumer Law or materially fails to match what was agreed.
 

15. Customer-Supplied Images and References

Where you provide photographs, artwork, logos, illustrations, designs or other material for a custom order, you confirm that you have the right or appropriate permission to provide and use that material for the requested purpose.

Iluka Ilai may decline a request that would require us to reproduce:

• another artist's work without permission;

• copyrighted material without appropriate authorisation;

• trade marks without permission;

• culturally restricted material; or

• cultural material that we do not consider appropriate to reproduce.
   

16. Copyright and Ownership of Artwork

Unless expressly agreed otherwise in writing, copyright and other intellectual property rights in original artwork, jewellery designs, illustrations, photographs, graphics, product designs and other creative works produced by or for Iluka Ilai remain with the relevant copyright owner.

Purchasing an original artwork, handmade jewellery item or other physical product gives you ownership of the physical item purchased.

Purchasing the physical item does not transfer copyright, intellectual property rights or reproduction rights in the underlying artwork or design.

Unless we have given prior written permission or the use is otherwise permitted by law, you must not:

• reproduce or copy our artwork or designs;

• create prints or reproductions;

• manufacture products using our artwork or designs;

• reproduce artwork on clothing or merchandise;

• commercially publish or distribute our artwork;

• licence our artwork to another person;

• sell reproductions;

• materially adapt our artwork for commercial purposes; or

• otherwise commercially exploit our artwork or designs.
   

17. Personal Photography and Social Media

Customers may photograph artwork or products they have purchased and share those photographs for ordinary personal, non-commercial purposes, including on personal social media accounts.

Where reasonably practicable, we appreciate appropriate credit being given to Iluka Ilai.

This permission does not include:

• commercial reproduction;

• manufacture of merchandise;

• commercial advertising by another business;

• licensing;

• high-resolution reproduction;

• creation or sale of prints or copies; or

• use suggesting that Iluka Ilai endorses another business, organisation or product.
   

18. Moral Rights

The moral rights of the artist or creator under the Copyright Act 1968 (Cth) are reserved.

These rights may include rights relating to:

• attribution of authorship;

• protection against false attribution; and

• integrity of authorship.

The purchase of an artwork or product does not constitute a waiver of the artist's moral rights.
 

19. Aboriginal Cultural and Intellectual Property

As Iluka Ilai is an Aboriginal artist business, some artwork, jewellery and designs may embody, reference or be informed by Aboriginal culture, cultural expression, knowledge, Country, stories, symbols, practices or other First Nations Cultural and Intellectual Property (“ICIP”).

The purchase of an artwork, jewellery item or other product does not transfer ownership of, or grant unrestricted rights to use, any underlying Aboriginal cultural knowledge, expression or ICIP associated with that work.

Customers must not represent themselves as the creator, cultural authority or cultural custodian of Iluka Ilai artwork or designs.

You must not use our work in a manner that falsely suggests cultural authority, endorsement, affiliation or permission.

Where an individual artwork or product is subject to a particular cultural restriction, attribution requirement or cultural protocol identified by Iluka Ilai, purchasers are expected to respect that requirement to the extent permitted by law.

Commercial reproduction, adaptation, merchandising or licensing of artwork containing Aboriginal cultural expression requires our prior written permission and may also require additional cultural permissions or consultation.

Nothing in these Terms should be interpreted as transferring ownership of cultural knowledge, stories or cultural authority associated with the work.
 

20. Artificial Intelligence, Digital Reproduction and NFTs

Unless Iluka Ilai provides prior written permission, images of our artwork or designs must not knowingly be used to:

• create commercial reproductions;

• create merchandise;

• create or sell NFTs or similar digital assets;

• build commercial datasets;

• train or fine-tune artificial intelligence models;

• create commercial imitations or derivatives using artificial intelligence; or

• develop products based substantially on our artwork or designs,

except to the extent that such a restriction cannot legally be imposed.

Nothing in this section restricts lawful ordinary personal use that does not infringe copyright, moral rights or other legal rights.
 

21. Artist Resale Royalty

Nothing in the sale of an original artwork waives or limits any resale royalty right that may arise under the Resale Royalty Right for Visual Artists Act 2009 (Cth).

Where the legislation applies to a future commercial resale of an eligible original artwork, any resale royalty rights will continue to operate according to law.
 

22. Website Content and Intellectual Property

Unless otherwise indicated, the content of the Iluka Ilai website, including:

• artwork images;

• product photographs;

• illustrations;

• designs;

• text;

• graphics;

• branding;

• logos; and

• other creative materials

is owned by or licensed to Iluka Ilai.

Website content may be viewed for ordinary personal shopping and informational purposes.

Unless permitted by law or authorised by us in writing, you must not reproduce, systematically download, scrape, distribute, commercially exploit or create derivative commercial material from our website content.
 

23. Acceptable Use of Our Website

You must not use the Iluka Ilai website:

• unlawfully or fraudulently;

• to interfere with the operation or security of the website;

• to transmit malware or malicious code;

• to infringe another person's intellectual property rights;

• to impersonate another person;

• to attempt unauthorised access to our website or systems; or

• in any other manner that may cause unreasonable harm to Iluka Ilai or another person.

We may take reasonable steps to protect our website, customers and business from suspected fraud, abuse or unlawful activity.
 

24. Personal Information

When you purchase from or contact Iluka Ilai, we may collect personal information reasonably necessary to operate our business and fulfil your order.

This may include:

• your name;

• email address;

• phone number;

• billing information;

• delivery information;

• order information; and

• communications between you and Iluka Ilai.

We will handle personal information in accordance with applicable Australian privacy laws where those laws apply to us.

Payment information may also be collected or processed directly by third-party payment providers.
 

25. Marketing Emails and Messages

Where Iluka Ilai sends commercial electronic marketing communications, we will comply with applicable Australian laws, including the Spam Act 2003 (Cth).

Where consent is required, we will obtain appropriate consent before sending marketing communications.

Our marketing communications will identify Iluka Ilai as the sender, provide appropriate contact information and contain a functioning method of unsubscribing where required by law.

You may unsubscribe from marketing communications at any time using the method provided in the communication.
 

26. Third-Party Services

Our website may use third-party services including:

• payment providers;

• ecommerce platforms;

• delivery providers;

• social media services; and

• other technology providers.

Third-party services may operate under their own terms and privacy practices.

Iluka Ilai is not responsible for the independent content or practices of third-party websites or services that we do not control.

Nothing in this section excludes any liability that cannot lawfully be excluded.
 

27. Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot legally be excluded, restricted or modified, including rights under the Australian Consumer Law.

To the extent permitted by law, Iluka Ilai will not be responsible for loss or damage arising solely from:

• misuse of a product contrary to reasonable instructions;

• unauthorised modification of a product;

• normal wear and tear;

• failure to follow reasonable jewellery or artwork care instructions;

• incorrect information supplied by the customer; or

• circumstances for which applicable law does not make us responsible.

Nothing in these Terms excludes liability for reasonably foreseeable loss or damage where applicable law requires Iluka Ilai to compensate you.
 

28. Events Outside Our Reasonable Control

Events outside our reasonable control may occasionally affect production or delivery.

These may include:

• severe weather;

• natural disasters;

• transport or postal disruption;

• major supply shortages;

• emergencies; or

• other events that could not reasonably have been prevented by us.

Where such an event affects your order, we will take reasonable steps to communicate with you and minimise disruption.

If we cannot supply an order within an agreed or reasonable timeframe, we will provide any remedy required by the Australian Consumer Law.
 

29. Complaints

If you experience an issue with an Iluka Ilai order, please contact us so that we have an opportunity to assist.

Iluka Ilai
ABN: 27 370 058 387
Email: info@ilukailai.com.au

We will make reasonable efforts to respond to and resolve complaints fairly.

Nothing in these Terms prevents you from contacting Consumer and Business Services South Australia, the Australian Competition and Consumer Commission or another relevant consumer protection body, or from exercising any other legal right.
 

30. Governing Law

These Terms are governed by the laws applicable in South Australia, Australia.

Subject to any rights available to consumers under applicable legislation, the parties submit to the non-exclusive jurisdiction of the courts and tribunals of South Australia and any courts entitled to hear appeals from them.

Nothing in this clause prevents a consumer from exercising rights available under the laws of another Australian State or Territory where those laws apply.
 

31. Changes to These Terms

Iluka Ilai may update these Terms from time to time to reflect changes to our website, business practices or applicable laws.

The version of these Terms that applies at the time you place an order will generally continue to apply to that order.

We will not retrospectively amend an existing order in a manner that unlawfully reduces your rights.

32. Severability

If any part of these Terms is found to be unlawful, invalid or unenforceable, that provision will be read down to the extent necessary or, where appropriate, severed.

The remaining provisions will continue to apply to the extent permitted by law.

33. Contact Us

For questions relating to these Terms, an order or an Iluka Ilai product, please contact:

Iluka Ilai
ABN: 27 370 058 387
South Australia, Australia
Email: info@ilukailai.com.au