Terms of Service

1. About us

"Art by the Passenger" is the trading name of Bao Han, an independent artist operating as a sole trader. "We", "us", and "our" refer to Bao Han personally. You can reach us at artbythepassenger@gmail.com.

2. Original artwork purchases

2a. How purchases work

All original paintings are sold by personal arrangement over email. A sale is confirmed only when both parties have agreed on the price, shipping terms, and payment method in writing. No payment creates a binding obligation until we have confirmed availability and provided an invoice.

2b. One-of-a-kind works

Every original painting is unique. Once sold, the physical work cannot be re-sold by us. If a piece you enquire about has already been sold, we will let you know promptly.

2c. Pricing

Prices listed on the site are in USD and are subject to change without notice. The price that applies to your purchase is the price confirmed in writing when your sale is finalised.

2d. Shipping

Shipping costs and timelines for original paintings are confirmed during the purchase process. We pack originals carefully, but we cannot be held responsible for damage or delays caused by postal carriers once the work has left our hands. If your work arrives damaged, contact us immediately with photographs and we will work with you to find a resolution.

2e. Returns

Because originals are one-of-a-kind, all sales are final unless the work arrives significantly damaged or materially different from what was described. Refund or replacement requests must be made within 7 days of delivery, with photographic evidence. We handle each case personally and in good faith.

2f. Customs and import duties

International buyers are responsible for any customs duties, import taxes, or fees levied by their country. We have no control over these charges and cannot predict or reimburse them.

3. Intellectual property

All artwork, photographs of artwork, and other creative content on this website are the original work of Bao Han and are protected by copyright law.

Purchasing an original painting grants you ownership of that physical object only. It does not transfer copyright or any reproduction rights. You may not:

• Reproduce, scan, photograph, or copy any artwork for commercial purposes.
• Use any artwork or images from this site in advertising, merchandise, or derivative works.
• Claim authorship of any work created by Bao Han.

Personal, non-commercial sharing (e.g., photographing your painting for your own social media with credit) is welcomed and appreciated. If in doubt, ask.

4. Website use

You may browse this website for personal, non-commercial purposes. You may not scrape, copy, or republish any content from this site in bulk, or use it to train machine-learning models, without our written permission. (See the /llms.txt file for our policy on AI crawlers.)

We make reasonable efforts to keep information on this site accurate, but we cannot guarantee it is always up to date. Artwork listed as "available" may have been sold before the listing was updated.

5. Limitation of liability

To the maximum extent permitted by applicable law, Art by the Passenger is not liable for:

• Loss or damage to parcels caused by postal services, customs authorities, or events outside our control (including but not limited to strikes, natural disasters, or war).
• Indirect, incidental, or consequential loss of any kind arising from your use of this website or purchase from us.
• Delays in delivery due to incorrect addresses provided by the buyer.

Nothing in these terms limits or excludes any liability that cannot be limited by law in your jurisdiction (for example, liability for death or personal injury caused by negligence, or statutory consumer rights).

6. Governing law

These terms are governed by the laws of Australia. Any disputes that cannot be resolved informally will be subject to the non-exclusive jurisdiction of the courts of Australia. If you are a consumer in another jurisdiction, you may also have rights under the laws of your own country that these terms cannot override.

7. Changes to these terms

We may update these terms from time to time. We will post any changes here with a revised effective date.

8. Contact

Questions about these terms? Write to artbythepassenger@gmail.com. We handle everything personally and aim to respond within a few days.