PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to annabellacreations.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and annabellacreations.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that annabellacreations.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), annabellacreations.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
You will not receive a physical product. Annabella Creations sells digital files only. You will receive your files in high resolution printable PDF, transparent PNG and JPEG formats.
Once you place your order & your payment has cleared, Annabella Creations endeavours to email your proof within 1-2 business days. This is simply a guide, we cannot be held liable for unforeseen circumstances, such as technical difficulties that may cause a delay.
Our pricing includes the initial design & one more round of changes. If you require further changes, additional charges will apply for each round of changes (ie, each time you require modified files).
Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
annabellacreations.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Consumer guarantees do not apply if you got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it.
The products on our website are digital products and once the product is sold there is no way of returning it and guaranteeing that the product has not been or is not being used.
Request for refunds will be considered if no work has been done on your order and no files have been sent to you.
If you are having trouble downloading your order, we will try and assist where we can, in relation to the download not technical support for issues directly related to your computer or system.
Requests for refunds will not be considered if you have difficulty using our product. Prior to purchasing, you should consider whether you have the design and technical skills to use our product otherwise engage with someone who can.
Requests for refunds for improper colour selection will not be considered. Whether you print at home or send it to the professionals, it is a good idea to test print our colour chart on the printer and paper stock you intend printing your stationery on prior to selecting your colour/s. Colours as seen on your computer screen may vary significantly to the printed colour on paper or card stock. Monitor settings, ink cartridges and even the type of paper you use can impact the final results.
LINKS TO OTHER WEBSITES
annabellacreations.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily i mply sponsorship, endorsement, or approval or arrangement between annabellacreations.com.au and the owners of those websites. annabellacreations.com.au takes no responsibility for any of the content found on the linked websites.
annabellacreations.com.au’s website may contain information or advertisements provided by third parties for which annabellacreations.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, annabellacreations.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. annabellacreations.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of annabellacreations.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. annabellacreations.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data annabellacreations.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
annabellacreations.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
annabellacreations.com.au may be required, in certain circumstances, to disclose information in good faith and where annabellacreations.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of annabellacreations.com.au. annabellacreations.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then annabellacreations.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. annabellacreations.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
annabellacreations.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
All our designs are protected by copyright law. When you purchase a monogram, you are purchasing the right to use that design “as is” on any do it yourself project for your wedding or other personal event. Our products are not suitable or allowed for commercial use. The monogram and/or logo cannot be altered, modified, mass-produced, resold or used for business purposes. The item you purchase is not one of a kind and will be resold. If we create a custom design, it may become a product for resale.
These terms and conditions represent the whole agreement between you and annabellacreations.com.au concerning your use and access to annabellacreations.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and annabellacreations.com.au that results in litigation then you must submit to the jurisdiction of the courts of NSW.