Terms & Conditions
Welcome to The Modern Aviatrix.
These Terms & Conditions apply to your use of www.themodernaviatrix.com.au and to purchases made through our online store.
By accessing or using this website, you agree to these Terms & Conditions. If you do not agree with them, please do not use the website.
1. About The Modern Aviatrix
The Modern Aviatrix is an Australian aviation-inspired creative business offering products including affirmation cards, aviation gifts, jewellery, apparel, photography, digital prints, downloadable images and other aviation-inspired creations.
If you have any questions about our website, products or an order, please contact us at:
2. Using Our Website
You may use this website for lawful personal purposes.
You must not use the website in a way that:
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breaches any applicable law
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attempts to gain unauthorised access to the website or its systems
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interferes with the security or operation of the website
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introduces viruses, malware or other harmful code
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copies, reproduces or commercially exploits our content without permission.
We may update, change, suspend or withdraw parts of the website from time to time where reasonably necessary.
3. Products and Product Information
We make every reasonable effort to ensure that product descriptions, photographs, colours, sizes and other information displayed on the website are accurate.
Colours and appearance may vary slightly depending on your device, screen settings, lighting and other factors.
For digital products, product listings will provide relevant information about file type, dimensions, resolution, intended use and other applicable specifications.
We reserve the right to correct genuine errors or inaccuracies in product descriptions, pricing, availability or other website content.
If an error affects an order you have placed, we will contact you where reasonably possible and work with you to resolve the issue.
Nothing in these Terms & Conditions limits your rights under the Australian Consumer Law.
4. Physical Product Availability
Physical products are subject to availability.
We may occasionally be unable to fulfil an order due to circumstances including stock availability, production issues, supplier issues or an error in our website listings.
If we are unable to fulfil an order after payment has been made, we will contact you and provide an appropriate refund for the affected order.
5. Digital Products and Downloads
Some products are supplied as digital downloads, including digital prints, photographs, artwork and downloadable images or files.
Digital products are supplied electronically and are not physical products.
It is your responsibility to ensure that your device, software and internet connection are suitable for downloading and opening the file format specified in the relevant product listing.
We will provide reasonable assistance if you experience a technical problem accessing or downloading a purchased digital product.
If a digital product is corrupted, cannot reasonably be accessed or downloaded, or is materially different from its description, please contact shop@themodernaviatrix.com.au so that we can investigate and provide an appropriate remedy where required.
6. Digital Product Licence
Unless expressly stated otherwise in a product listing, digital products purchased from The Modern Aviatrix are licensed to you for personal, non-commercial use only.
Purchasing a digital product does not transfer copyright, intellectual property rights or ownership of the underlying photograph, artwork, image or design.
You may not:
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resell or redistribute the digital file
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share the file with others
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make the file available for download by others
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use it for commercial purposes
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reproduce it on products intended for sale
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use it in commercial advertising or promotional material
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claim the photograph, artwork or design as your own
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reproduce or distribute the underlying image outside the permitted personal use.
The photography and original images created by The Modern Aviatrix are the intellectual property and copyright of Eva Halliwell / The Modern Aviatrix, unless otherwise stated.
Where a particular digital product has different licensing or permitted-use conditions, those conditions will be stated in the relevant product listing.
7. Orders
When you place an order through our website, you are requesting to purchase the selected products.
An automated order confirmation confirms that we have received your order. It does not necessarily mean that your order has been accepted where circumstances arise that prevent us from fulfilling it.
We reserve the right to cancel an order in reasonable circumstances, including where:
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a product is unavailable
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there has been a genuine pricing or listing error
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we reasonably suspect fraudulent or unauthorised activity
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circumstances outside our reasonable control prevent us from fulfilling the order.
If we cancel an order after payment has been received, you will receive a refund of the amount paid for the cancelled order.
8. Prices and Payment
Unless otherwise stated, prices on our website are displayed in Australian dollars (AUD).
We reserve the right to change prices at any time. Price changes will not affect an order that has already been accepted and paid for, except where a genuine error has occurred.
Payment must be successfully completed before an order can be processed.
Payments may be processed through third-party payment providers. We do not knowingly store complete payment card details on our website.
9. Shipping and Delivery
We aim to dispatch physical orders within the timeframe stated on the relevant product or checkout information.
Delivery times are estimates only and may vary due to postal or courier services, weather, customs processes, public holidays, remote delivery locations or other circumstances outside our reasonable control.
For international orders, you are responsible for any customs duties, taxes, import charges or other fees imposed by the destination country.
You are also responsible for ensuring that the products you order can legally be imported into your country.
Nothing in this section limits your rights under the Australian Consumer Law.
10. Refunds and Returns
Our Refunds & Returns Policy forms part of these Terms & Conditions.
We do not generally accept returns or provide refunds for change of mind. This applies to both physical and digital products, subject to the specific provisions relating to digital products and any rights available to you under the Australian Consumer Law.
Please see our Refunds & Returns page for full details.
11. Intellectual Property
Unless otherwise stated, all content on this website belongs to or is licensed to The Modern Aviatrix.
This includes, but is not limited to:
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original photography
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digital images
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artwork
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product designs
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graphics
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written content
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logos
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product names
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branding
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website content and layout.
The photography and original images displayed on this website are created by The Modern Aviatrix and remain the intellectual property and copyright of Eva Halliwell / The Modern Aviatrix, unless otherwise stated.
You may view the website and its content for your personal, non-commercial purposes.
You must not copy, reproduce, modify, distribute, publish, sell or commercially exploit our content without prior written permission.
12. Photography and Artwork
All original photography displayed on this website is the work of Eva Halliwell / The Modern Aviatrix, unless otherwise stated.
Our photographs, digital images, artwork and designs are protected by copyright.
You must not download, reproduce, alter, distribute, publish or use our photography, artwork or designs commercially without permission.
Purchasing a physical product featuring our photography or artwork does not give you ownership of the underlying copyright.
Purchasing a digital image or print also does not transfer copyright or intellectual property rights.
If you would like permission to use any of our images, photography or artwork beyond the permitted personal use, please contact:
13. User Content
If you submit photographs, reviews, comments or other content to The Modern Aviatrix, you confirm that you have the right to provide that content to us.
By submitting content, you grant us permission to use, reproduce and display that content for purposes associated with The Modern Aviatrix, including on our website and social media, unless otherwise agreed with you.
We reserve the right to remove content that is unlawful, offensive, misleading, defamatory or otherwise inappropriate.
14. Third-Party Websites and Services
Our website may contain links to third-party websites and services, including social media platforms, payment providers, delivery services and other external websites.
These websites are operated independently of The Modern Aviatrix.
We are not responsible for the content, availability, security or privacy practices of third-party websites.
Your use of third-party websites is subject to their own terms and conditions.
15. Website Availability
We make reasonable efforts to keep our website available and functioning correctly.
However, we do not guarantee that the website will always be available, uninterrupted or free from errors.
The website may occasionally be unavailable due to maintenance, technical issues, updates or circumstances outside our reasonable control.
16. Limitation of Liability
To the maximum extent permitted by law, The Modern Aviatrix is not responsible for losses that are not reasonably foreseeable or that arise from circumstances outside our reasonable control.
Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot legally be excluded under the Australian Consumer Law or other applicable legislation.
17. Privacy
We respect your privacy and handle personal information in accordance with our Privacy Policy.
Personal information collected through our website may be used for purposes including processing orders, communicating with you, providing customer service and operating our business.
Please refer to our Privacy Policy for further information about how we collect, use and protect personal information.
18. Changes to These Terms
We may update these Terms & Conditions from time to time to reflect changes to our business, website, products or legal requirements.
The updated version will be published on this page with the updated date.
19. Governing Law
These Terms & Conditions are governed by the laws of Australia and, where applicable, the laws of the state or territory in which The Modern Aviatrix operates.
Any disputes arising in connection with these Terms & Conditions will be dealt with in accordance with applicable Australian law.
20. Contact Us
If you have any questions about these Terms & Conditions, please contact us:
The Modern Aviatrix
Email: shop@themodernaviatrix.com.au
Website: www.themodernaviatrix.com.au
Last updated: August 2026