WEBSITE TERMS AND CONDITIONS
calicocat.com.au is the website (Website) of Calico Cat Designs (ABN 29 994 100 671) (we, our or us). It allows you to purchase art products and enjoy our blog (Services).
By ordering goods or products from this Website you agree to purchase those goods on the terms set out in these Terms and Conditions, and for the amounts set out in the Website, including postage and delivery. Payment for those goods or products by the means set out in the Website is taken as agreement for your purchase of those goods or products. You must not pay or attempt to pay for products using fraudulent credit card information.
You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorise anyone else to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other inappropriate way or in a way which conflicts with the Website or the Services, nor in a way which would bring us into disrepute.
If you make any public comments on this Website (if this function is available) which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.
Rights of refusal
We reserve the right to refuse or terminate service to anyone at any time without notice or reason.
If we terminate the Website, all intellectual property or copyright in the contents of the Website, and all restrictions imposed on you by these Terms and all indemnifications and limitations of liability set out in these Terms will survive.
If any provision in these Terms is held to be void, illegal, invalid or unenforceable, that provision must be read down as narrowly as possible to render it valid. If that is not possible, that provision or that part of the provision which is held to be void, illegal, invalid or unenforceable, is severed from the Terms without affecting the validity, legality or enforceability of the rest of the Terms.
These Terms are governed by and construed in accordance with the laws of Western Australia, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Western Australia.
We retain the right to bring proceedings against you for breach of these Terms, in Western Australia, or your country of residence or any other appropriate country or jurisdiction.
Intellectual property and copyrights
Unless indicated otherwise all content and materials in any format on the Websites and Services and all intellectual property in the Website and Services is owned or licensed by us.
You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by us, in which case we may require you to sign a Licence Agreement or other agreement. You must also not create derivative works of our copyright material unless expressly agreed to by us.
If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address: firstname.lastname@example.org
Limitation of Liability
To the maximum extent permitted by law, we are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) arising out of, or in connection, with the use of the Website, your reliance on anything contained in or omitted from the Website, being unable to access the Websites for any reason (including our negligence) or the failure of the Website for whatever reason (including our negligence). In particular we are not liable to you or anyone else for any loss or damage arising out of any possible security issues or viruses arising out of use of the Website.
Indemnification for loss or damage
You agree to indemnify us and hold us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
Australian Consumer Law
If you are a consumer under the Australian Consumer Law while using the Website, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including any statutory guarantees that may apply. We expressly reserve the right to rely on any exemptions, limitations or defences under the Australian Consumer Law.
Accuracy of content
Every effort has been made to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.
Links to external websites
This Website may contain links that direct you outside this Website. These links are provided for your convenience and are not an express or implied indication that we control, endorse or approve of the linked website, its contents or any associated website, product or service. We accept no liability for any loss or damage arising out of or in connection to your use of these sites.
You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
Passwords and logins
If you create an account with Calico Cat Designs you will be required to provide a password. You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login. This means that you are responsible for any products purchased using your account details. You must notify Calico Cat Designs if at any time you believe someone has access to your password. You are still responsible for any products purchased using your account details until we have notified you that we have cancelled your account.
Pricing and GST
All prices are listed in Australian Dollars and exclude GST as Calico Cat Designs is exempt from GST.
Most of the products listed on this Website are manufactured to a premium quality on order and therefore there is a certain time required to produce the product.
If we are unable to fulfil your order we may attempt to arrange an alternative with you or will provide a full refund.
Once you have placed your order, Calico Cat Designs is unable to cancel, add, remove or make changes to your order including your delivery details. We reserve the right to cancel your order if you provide an unauthorised credit card, we are unable to process payment on the credit card you provide, or you provide invalid personal details.
Australia-wide delivery generally takes 1-3 weeks and international delivery takes about 4 weeks. However, delivery is out of our hands and depends on the usual delivery schedule of Australia Post or any courier engaged, and we are not responsible for any delays.
Delivery of cards will generally be faster if they are in stock but our other products are printed on request so they take a little time to make. All products are made in Australia at a professional Certified Fine Art Printer using high quality inks, papers and canvas.
All Australian deliveries receive FREE standard delivery. Rates for international delivery are provided in the shopping cart once the product and delivery address has been specified.
At this time delivery is restricted to Australia, the USA and Canada. Contact us if you are interested in shipping to another destination.
Customs and Import Duty information
For all countries except Australia, your order may be subject to import duties and taxes, which are levied once your package reaches your country. Calico Cat Designs does not collect duties and taxes and cannot predict what your particular charges may be. If you do incur these additional charges, they must be rendered in order for your package to clear customs. For more information regarding your country’s custom policy, please contact your local customs office.
Loss of Goods
The risk of loss of goods shall be passed to you upon our delivery of the product to our delivery company or Australia Post.
Money Back Guarantee
We are confident of the quality of our products; however, if you aren’t happy for any reason, we will honour a request for a refund provided we receive the product back in the same condition in which you received it within 60 days of the date of the invoice of the sale. Any product received damaged by you will be replaced free of charge on its return. Please return the product and a copy of your invoice via pre-paid mail to: Calico Cat Designs, 7 Joondanna Drive, Joondanna, Western Australia 6060, Australia.
Representation of products on the website
Every care has been taken to provide an accurate representation of the images for purchase on our Website. However, due to the differences between individual monitor settings and the limitation on the size and detail able to be shown on the Website, the colours and detail in the image in the final product might differ slightly from the image on the Website.