Terms of service

Terms of Service

Last updated: 13 August 2026

Welcome to darkcharms.co, operated by Tiamco Pty Ltd (ABN 17 615 757 009) trading as Dark Charms ("we," "us," "our," or "Dark Charms"). Please read these Terms of Service ("Terms") carefully. They contain the legal terms and conditions that govern your use of and access to our website (the "Site") and any products purchased through it.

By visiting our Site, you agree to these Terms and our Privacy Policy. We reserve the right to alter, suspend, or discontinue our Site, in whole or in part, at any time at our sole discretion.

Your Use of Our Site

You may use our Site solely for personal, noncommercial purposes. Except as expressly authorised, you may not reproduce, distribute, modify, publicly display, or create derivative works based on any portion of our Site.

While using our Site, you agree not to:

Defame, abuse, harass, stalk, threaten, or violate the rights of others
Impersonate any individual or misrepresent your identity
Interfere with the use or enjoyment of the Site by others
Upload unlawful, fraudulent, defamatory, obscene, infringing, or objectionable material
Upload proprietary or confidential information of third parties without consent
Transmit viruses, malware, or harmful code
Reverse engineer, decompile, or disassemble any portion of the Site
Remove copyright or trademark notices

Violation of these rules constitutes a breach of these Terms and may result in immediate termination of your access.

Account Creation

You may create an account to help manage your orders. You are responsible for maintaining the confidentiality of your login information and for any activity under your account. We reserve the right to cancel accounts or reject orders at our discretion.

Products and Services

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return only according to our Refund Policy.

We have made every effort to display the colours and images of our products as accurately as possible. We cannot guarantee that your computer or device screen's display of any colour will be accurate. Hand-painted original artworks may vary slightly from photographs due to the nature of handmade production. These variations are a feature of original art, not a defect.

We reserve the right to limit the quantities of any products or services we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

Ordering

You are responsible for supplying all required information when submitting an order, including complete name, shipping and billing address, telephone number, valid email address, and valid payment method. No responsibility is assumed for mis-delivery due to incorrect information supplied by a customer. We reserve the right to refuse or cancel any order at any time, in which case the customer's sole remedy is a refund of any payment made for such order.

It is not possible to change your order once it has been placed. The only exception is the delivery address, which can be changed if your order has not yet been shipped. To change the address for an unshipped order, contact us at support@darkcharms.co.

Pricing and Payment

All prices are shown and charged in United States Dollars (USD), wherever you are ordering from. Prices are subject to change without notice.

Full payment is required at the time of purchase through one of our accepted payment methods. By providing payment information, you represent and warrant that you are authorised to use the payment method and that the information you provide is accurate.

We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraudulent or unauthorised transactions. If we cancel your order after payment has been processed, we will issue a full refund to your original payment method.

Taxes and Duties

Tiamco Pty Ltd is registered for GST in Australia. Australian orders include GST where applicable, calculated and shown at checkout. Orders shipped outside Australia are exports and are not subject to Australian GST, but may be subject to customs duties, import taxes, or brokerage fees charged by the destination country, which are the responsibility of the buyer.

Production and Delivery

Every Dark Charms original is hand-painted to order and prints are made to order. We do not hold stock. Rolled originals are delivered in 20 to 30 calendar days. Stretched originals add around 7 days for stretching, for a total of 27 to 37 calendar days. Prints are delivered in 4 to 6 business days in the United States and Australia. Please allow time for your artwork to be created and carefully shipped.

Every piece is an original, hand-painted artwork. Nothing is mass-produced. Your piece is created after you order it, inspected for quality, then carefully packed and shipped.

Delivery times may vary during peak periods such as Christmas, Valentine's Day and Mother's Day, and we will update the website if delays are expected.

If you have a hard deadline, email support@darkcharms.co before placing your order so we can confirm we can meet it. We cannot guarantee delivery for deadlines we have not been told about at the time of order.

You will receive a tracking number by email when your piece ships. Delays caused by carriers, customs, public holidays, weather, or other circumstances outside our control are not grounds for refund. We will communicate proactively if we are aware of an issue.

Risk of loss for any purchases passes to you upon delivery.

Shipping Damage

If your artwork arrives damaged during shipping, contact us at support@darkcharms.co within 7 days of delivery with your order number, photos of the damaged packaging, and photos of the damaged artwork. For valid damage claims, we will repair, replace, or refund at no cost to you.

Cancellations

All artworks are hand-painted or printed to order, and production begins after your order is placed. You can cancel for a full refund at any time before painting or printing begins. Once a brush has touched canvas, or a print has gone to the press, the order cannot be cancelled, because the work is being made for you. Email support@darkcharms.co as soon as possible. Once delivered, the 14 day return window in our Refund Policy applies.

Returns

Catalogue pieces, whether originals or prints, can be returned within 14 days of delivery provided they are unopened and in their original packaging. Return shipping is at your cost. Commissioned works, customised pieces and artwork above 160 cm are final sale. Faults, damage and misdescribed items are always covered. Full details are in our Refund Policy. Nothing in these Terms limits your rights under the Australian Consumer Law.

Consumer Guarantees

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Customers in the United States are covered by the implied warranty of merchantability and applicable state law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be excluded by law.

Copyright and Reproduction

All content on the Site, including but not limited to artwork, images, text, logos, designs, and graphics, is the property of Tiamco Pty Ltd and is protected by Australian, United States, and international copyright and intellectual property laws.

All copyright rights, including reproduction and trade dress rights, to the artwork are expressly reserved by Tiamco Pty Ltd. When you purchase an original artwork or print from Dark Charms, you are purchasing the physical item. Copyright and reproduction rights remain with Tiamco Pty Ltd unless explicitly stated otherwise in writing.

You may not reproduce, distribute, or create derivative works from any artwork purchased from us without prior written consent. Any copyright notice as it appears on the artwork at the time of sale must not be removed or concealed.

User Submissions

Any ideas, suggestions, or materials you submit may be used by Tiamco Pty Ltd without restriction or compensation, to the extent permitted by law.

Third-Party Links

Certain content, products, and services available via our Site may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those sites.

Limitation of Liability

Nothing in these Terms excludes any liability that cannot be excluded under the Australian Consumer Law or other applicable law. Subject to that, and to the fullest extent permitted by law, Tiamco Pty Ltd, its owners, directors, employees, agents, and representatives shall not be liable for any indirect, incidental, consequential, special, or punitive damages. Subject to your rights under the Australian Consumer Law, our maximum liability for any claim relating to purchased products shall not exceed the actual price paid.

We are not responsible for any delay or failure in delivery due to causes beyond our control, including acts of God, war, terrorism, embargo, quarantine, accident, fire, flood, severe weather, epidemic, riot, civil disturbance, or unavailability of labour or transportation.

Shopify and Data Processing

Our store and checkout experience are hosted by Shopify. By using our Site, you acknowledge that Shopify processes your personal information to operate the store. The Shopify Consumer Privacy Policy is available at: https://www.shopify.com/legal/privacy/consumers

Changes to Terms

We may revise these Terms periodically. Material changes will be posted on this page with an updated "Last updated" date. Continued use after changes take effect constitutes acceptance.

Governing Law

These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland. For customers in the United States, this does not remove the protection of consumer laws that apply where you live. If any provision of these Terms is held unenforceable, the remaining terms remain in effect.

Contact Us

Email: support@darkcharms.co
Phone: +61 495 027 565
Mail: 47 Centenary Crescent, Maroochydore QLD 4558, Australia