Terms & Conditions

WEBSITE TERMS OF USE AND DISCLAIMER

Welcome to our website. This website (located at framethis.com.au) is owned and operated by Frame This Pty Limited (ABN 82 619 694 781) (“Frame This”, “we”, “us”). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms of use and disclaimer which, together with our Privacy Policy, govern our relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.

Please note that further terms and conditions govern the purchase of any goods described on our website. Please refer to our eCommerce Terms and Conditions of Sale.

Your use of this website is subject to the following terms of use:

1. Use of our website

The content of this website is for your general information and use only and is subject to change without prior notice.

You can only ever use our website for lawful purposes (such as researching and purchasing our goods or contacting us) in a manner consistent with the nature and purpose of the website, and in a way that doesn’t impact on anyone else’s use and enjoyment of the website. We have a zero-tolerance policy for users who conduct themselves unlawfully or encourage such conduct, who post any defamatory, obscene, offensive or scandalous material, harass or cause distress or inconvenience to any person, or disrupt the website. We reserve the right to ban any users who engage in such behaviour.

You’re not permitted to change, add to, remove, copy, deface, hack or otherwise interfere with our website or any material or content displayed on the website, or attempt to do any of those things.

Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.

2. Intellectual property

This website, as well as some of the products sold through it, contain material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features of the website and some of our products, which are protected by copyright under the laws of Australia and through international treaties.

All designs, trade marks, service marks and trade names are owned, registered and/or licensed by us, save for any trademarks reproduced on this website which are not the property of or licensed to us, which are acknowledged on the website.

As a user of our website, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our website in accordance with these terms, to copy and store the website and its content in your device’s cache memory and to print pages from the website for your own personal and non-commercial use.

If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us.

Except as outlined above, we don’t grant you any other rights whatsoever in relation to the website- all other rights are expressly retained and reserved by us and nothing you do on or in relation to the website will transfer any intellectual property or associated rights.

Any reproduction of the website or website content is prohibited other than in accordance with these terms.

We love it when you post about our products on social media. If you do share images or videos (or any other depiction whatsoever) of our products on your social media (“Posts”), you provide to us your express and unconditional consent to share your Posts on our social media. We will of course provide appropriate attribution to you (through tagging you or other appropriate means) when reposting your Posts.

3. Submissions

Blog and social media

We’ll sometimes ask our users to contribute content to our website or social media. Please note before you do so that any material you send to us (including any data, questions, comments, suggestions, ideas, designs, images, photographs, videos, audio, marks or other information) will be deemed to be non-confidential and non-proprietary, unless you tell us otherwise. You authorise us to use it for any purpose, without compensation to you.

We maintain a blog on our website to tell you all about things close to our heart – stationery, premium quality refillable stamps and gifts for the home and your loved ones. As a website user, we may give you the opportunity to comment on our blog posts. Please note that we do regularly screen and review blog comments and we reserve the right to remove comments that we consider may not align with our brand values, however we are under no obligation to do so and do not provide any warranty or guarantee as to reviewing and/or removing content. We do not adopt any comments made, unless expressly stated in writing. You are expressly prohibited from posting any comment or content that is defamatory, offensive or otherwise inappropriate. You warrant that all information that you submit to us via our website is true and correct, to the best of your knowledge and information, and that you are the rightful owner of all intellectual property rights in such information.

We may also feature guest bloggers from time to time. We want you to know that we don’t necessarily endorse or support any views, opinions, standards or information expressed in guest blogs and/or the comments section of our blog.

If you find something offensive or inappropriate, please don’t hesitate to get in touch with us and we’ll review the material to see whether it should be removed.

Custom orders

When ordering personalised items from Frame This, you may submit images to us through our website or via email for the purposes of producing your customised item. You expressly agree that you will only submit images which you own or have appropriate license to use. You guarantee further that by submitting images to us you are not infringing the copyright or other intellectual property right of any other person or entity and that you will indemnify, hold harmless and defend Frame This against any and all third-party claims or liabilities arising out of or in connection to images submitted to and used by us to produce your custom item.

4. Privacy

We take your privacy seriously. All information we collect through your use of the website and how we use and disclose it is set out in our Privacy Policy, which is available on our website.

5. Links to our website

If you would like to link to our website, please get in touch with us with your URL, a brief description of your website and why you want to establish a link. Please note that if we allow you to link to our website, we may impose certain terms or conditions.

If the nature or content of your website changes in any significant way after the authorised link is established, you must let us know and provide us with a new description of your website. If the change means that your website is no longer a good fit with ours, we may ask you to remove the link. Refusal will constitute a breach of these terms.

6. Links from our website to other websites

We may also include links to other websites which are not controlled by us. These links are provided for your convenience (for example postal services’ websites so you can track your order placed with us). You acknowledge that they are used at your own risk. Please note that we include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards or information expressed on them. We have no control over the nature, content and availability of those websites. For your own safety, please make sure you check the protocols and standards of the linked websites before using them.

7. Our use of cookies

We use cookies to monitor browsing preferences and to help us improve, promote, and protect our website and services. By continuing to use the website, you agree to our cookie policy. You can find out more information about our cookie policy in our Privacy Policy, which is available on our website.

8. Security

We use reasonable endeavours to ensure the website is free of any malware, bugs, viruses, trojan horses, ransomware or other harmful code or communications which may be transmitted to or through the website, including links to other sites.

9. Disclaimer and indemnity

Nothing in these terms limits or excludes any rights, guarantees, warranties, representations or conditions that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).

Apart from that, to the extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any purpose which are not expressly stated in these terms. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the website or these terms (including as a result of not being able to use the website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. If we can’t exclude liability but we can limit it, we limit it to the maximum extent permitted under section 64A of the ACL.

We make the website available to you, however you use it at entirely your own risk, for which we will not be liable. Everything on the website is provided “as is” and “as available” – we don’t make any representations or warranties of any kind – and, to the maximum extent permissible by law, we exclude all liability for loss or damage you might suffer because of:

• failures, errors, mistakes, inaccuracies, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third-party conduct arising out of the website;
• unsuitable or out of date information on the website (including third party material and advertisements on the website);
• you or any other person acting or not acting, on any information;
• personal injury or property damage of any nature resulting from your or any other person’s access to or use of the website;
• any unauthorised access to or use of  information or data, including personal and financial information, collected by us;
• any interruption of transmission to or from the website;
• any malware (bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be transmitted to or through the website, including links to other sites;
• costs incurred by you in using the website; and
• links which are provided for your convenience.

It is your own responsibility to ensure that any products or information available through this website meet your specific requirements.

To the maximum extent permissible by law, you indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.

10. Changes to terms

If we decide to change these terms (and we can do so at any time), we’ll post a copy of our revised terms on our website. Changes to the terms will take effect immediately on being published on the website. Your continued use of the website indicates your acceptance of the revised terms.

11. Severance

If any part of these terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the terms will remain in force.

12. No affiliation

Our website is not a part of the Facebook website, Facebook Inc, YouTube, Instagram, Snapchat, Twitter or Google, nor is it endorsed by or affiliated with any of those websites or their owners in any way.

13. Termination

The agreement between us constituted by your use of the website may be terminated at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, however, you will no longer be authorised to access the website and any licences granted in respect of intellectual property will be revoked.

14. Jurisdiction

As we are based in New South Wales, Australia, these terms will be governed by the laws of that state. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the non-exclusive venue for resolving any dispute will be in the courts of New South Wales and courts of appeal from them.


ECOMMERCE TERMS AND CONDITIONS OF SALE

These are the Terms and Conditions of Frame This Pty Limited (ABN 82 619 694 781) (“Frame This”, “we”, “us”) on our website located at framethis.com.au, which is owned and operated by Frame This (Website). These Terms and Conditions also incorporate our Terms of Use, Disclaimer and Privacy Policy, all of which can be found on our Website.

Please read these conditions carefully, as they apply to all transactions etween us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.

1. eCommerce

While we take every care to make sure our online store is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error or stock availability issue).

Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.

2. Use

Goods on this Website are sold for personal and domestic purposes as well as commercial use and resale.

3. Payment

You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.

We currently accept payments on the Website via Paypal, credit card (Visa, Mastercard and American Express) through Stripe, Afterpay and by Direct Bank Deposit. For school and corporate orders, we will send you an invoice (there is an option to ‘pay on invoice’ at the time of checkout which requires a school/corporate purchase order number to be provided).

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor or credit provider, which are available on their respective websites. You understand that these services are provided by third-parties and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly.

If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges or debt collection costs. We will withhold delivery of goods unless or until we receive your payment in full.

If you fail to pay us for an order, or if an insolvency event occurs in relation to you (for example, if you commit an act of bankruptcy or become insolvent), we may terminate this Agreement.

4. Currency and GST

Prices are listed in Australian dollars (AUD) and are inclusive of GST, unless otherwise listed on the Website. If you are an international customer, you should consider the exchange rate with your local currency prior to purchasing.

5. International Sales

The Convention on the International Sale of Goods does not apply to goods purchased through this Website.

6. Customs and Import Fees

Items purchased from our online store are delivered from New South Wales, Australia.

Please note that products posted internationally may be subject to taxes (such as customs, excise duty and/or import fees either at the point of delivery or after delivery), which you will need to pay. These fees are not included in the purchase price of your goods from Frame This.

Different fees and charges may apply, based on the policy of the destination country and calculated according to the total value of the purchased goods. We don’t control customs or duties payable, so we ask that you take care to find out in advance what customs or duties you will be liable for before making a purchase.

We can’t advise you whether duties will apply to your order or the amount of such duties – your local customs office will be the best source of information to help you understand the payments and process.

7. Discounts and Coupon Codes

We may offer discounts or coupon codes from time to time.

Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both).

Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).

Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only.

Coupon codes are non-transferable and are not redeemable for cash under any circumstances.

We reserve the right to revoke any discount offer or coupon code at any time without notice.

8. Custom Orders

Custom business and logo stamps will receive a proof for review and confirmation prior to stamps being made. For all other personalised orders, you will be provided with an option to request proof of print to be emailed to you. It is your responsibility to request a proof of print to be provided to you at the time of placing your order. When proofs are emailed to you, you are responsible for ensuring the accuracy of your personalised item. You are required to confirm acceptance of your order by responding via email stating your proof acceptance. If you do not request a proof, the order will be processed as placed.

If an error appears on your custom product, Frame This cannot be held responsible for your mistake. The order can be reproduced but it will be at your expense and will incur standard product fees as well as standard fees for reshipping.

If an error appears on the personalised item that is a mistake made by Frame This, we will cover the cost of reproducing the item as well as equivalent shipping costs. Please get in contact with us via email ([email protected]) stating your order number and send through a photo of the product that was made in error.

9. Postage and delivery

We post products within Australia and internationally. We may use any postal service provider of our choice to help us get our products to you. Our preferred postal service providers include Australia Post (eParcel), Sendle, Fastrack, DHL and other courier services.

If you are an international customer, you give us your express consent to disclose your personal information provided to us (including your name, email address, telephone number and postal address) to our international postal service provider to facilitate delivery of your order.

Rates

Postage fees are based on the weight of the product(s) ordered and the delivery destination. You agree to pay to us postage fees as calculated at checkout. From time to time, we may offer free delivery on orders over a certain amount. Please check our Shipping & Returns page for current pricing and offers. If your delivery is non-standard, we will contact you to discuss postage rates.

As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).

Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.

Dispatch Timeframes

We endeavour to process all ready-to-ship orders within 1-3 days of receipt of payment and will contact you if any items cannot be processed within this time.

Custom orders (such as custom stamps and stickers) can take 5-7 business days to process and create the product(s). Once dispatched, allowance needs to be made for postage in line with the postal service provider’s usual delivery timeframes. Other personalised orders including acrylic products and custom frames can take 10-14 days to be processed and again postage time then needs to be added. During our busier periods it is possible for order processing to take up to 2-3 weeks plus postage. If you require your products urgently, please feel free to contact us and we will discuss options.

You acknowledge that we’re not be liable for any delay in dispatch of your order.

Delivery Timeframes

Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. 

Delivery Address

It’s your responsibility to make sure that your postal address details are correct – we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details.

If your order is undelivered due to your error (including you providing us with an incorrect delivery address) and returned to us, we will require you to reimburse us for the returned parcel fee. At that stage, for ready-to-ship orders, we reserve the right to terminate this agreement and issue you with a refund (minus the returned parcel fee). Alternatively, and always for returned customised products, we may require you to repay the additional postage costs of posting the order to your correct address.

Orders Lost in Transit

When we dispatch your order, we will give you a tracking number for you to track the progress of your order.

If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.

Orders Damaged in Transit

No matter how well we pack our products, occasionally they may get damaged in transit. On the rare occasion that this happens, please advise us in writing within 7 days of receipt of the damaged item(s), including photographs of the damage so that we can discuss options with you. Please email photographs to [email protected]. Once we have confirmed the damage, we will promptly arrange a replacement to be sent. Please allow the usual timeframe for another product to be dispatched and delivered to you.

Risk

Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery, unless you’ve given authority to leave the order unattended. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.

If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.

10. Refund Procedure

If there is a problem with your order, please advise us by email ([email protected]) within 7 days of receipt of the item(s), including photographs of the problem so that we can discuss options with you. Once we have assessed the problem and verified your claim, we will promptly arrange a repair, replacement or refund in accordance with law. Please allow the usual timeframe for another product to be dispatched and delivered to you.

Please note that we do not offer refunds on custom orders (if these are damaged in transit, we will happily replace them) or for change of mind, unless required by law. 

11. Events beyond control

As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue.  While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

12. Advice and information

We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it to be accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional advice. You should seek appropriate professional advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.

13. Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to replacement or refund for a major failure and 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.

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:

• replacement of the product;
• repair of the product;
• payment of the cost of having the product repaired; or
• such other fair and reasonable remedy as we are ready and willing to provide.

We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.

If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind.

To make an ACL-related claim, please contact us on at [email protected].

14. Intellectual property

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.

As a purchaser of our products, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our products, including custom-made products, and all associated intellectual property for your personal use only. Our products may not be used for commercial gain, replication, reproduction or resale without our written consent. If you would like to use our products for any use other than personal use (or for in-classroom use, in the case of customised teacher stamps and stickers), please get in contact with us ([email protected]).

When ordering personalised items from Frame This, you may submit images to us through our website or via email for the purposes of producing your customised item. You expressly agree that you will only submit images which you own or have appropriate license to use. You guarantee further that by submitting images to us you are not infringing the copyright of any other person or entity and that you will indemnify, hold harmless and defend Frame This against any and all third-party claims or liabilities arising out of or in connection to images submitted to and used by us to produce your custom order.

We love it when you post about our products on social media. If you do share images or videos (or any other depiction whatsoever) of our products on your social media (“Posts”), you provide to us your express and unconditional consent to share your Posts on our social media. We will of course provide appropriate attribution to you (through tagging you or other appropriate means) when reposting your Posts. You also authorise us to use images of any custom orders you place on the Website to promote our business and agree that any such images and publication of same (for example, on our website or social media pages) will not infringe any intellectual property rights you may have in same.

15. Dispute resolution

If a dispute arises out of these conditions or if you are unhappy with your Frame This product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in Sydney, New South Wales (unless we agree an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.

Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).

16. Variation

We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on being posted.

17. Severance

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

18. Termination

We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.

19. Jurisdiction

As we’re based in New South Wales, these conditions will be governed by the laws of that state. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales.

 

This document was last updated: 14 February 2019

© 2018 Frame This. ALL RIGHTS RESERVED. Developed by Web World Creation