Terms and Conditions
Introduction
This Website under the domain name stitchandbone.com.au is owned and operated by Rachel Gooden trading as Stitch and Bone . For the purposes of these terms, “Stitch and Bone”, “we “or “us” means Rachel Gooden trading as Stitch and Bone.
We may change these Terms and Conditions occasionally. Changes are effective on publication on this Website. By continuing to use the Website after publication you agree to be bound by the Terms and Conditions as amended.
You agree to be bound by the Terms and Conditions when you use the Website.
Sale of goods on the Website
Each time you order goods using this Website you agree to the Terms and Conditions. Each order is a separate and binding agreement between you and Us.
An order placed by you on the Website is an offer by you to purchase goods for the price specified on the Website in Australian dollars plus any delivery fees as specified at the time you place your order.
Orders from outside Australia may incur other taxes, duties or fees. You have to pay this on top of the price. Any currency conversion fees or rates used to determine the amount you pay for the goods is determined by your credit card provider, Apple Pay, Shop Pay, Afterpay, Googlepay or PayPal, as applicable.
Each time you order goods using this Website you agree to the Terms and Conditions. Each order is a separate and binding agreement between you and Us.
An order placed by you on the Website is an offer by you to purchase goods for the price specified on the Website in Australian dollars plus any delivery fees as specified at the time you place your order.
Stitch and Bone is a business that offers original artworks. All products may be removed from the Website without notice. We can also change prices without notice.
We use an encrypted payment gateway and security certificate to secure payments. We take all reasonable precautions; however, we cannot guarantee the security of any transaction.
Orders through the Website are for personal and domestic use only and non-commercial use, and quantity restrictions may apply.
Your payment for the goods must clear in full before we will send goods. If you are unable to provide full payment at checkout, then your order will be refused and cancelled.
You agree to provide complete and accurate information about your personal details, including your postal address. We are not liable to you for loss due to inaccurate or incomplete personal details. We are under no obligation to resend orders sent to the wrong address when you provide inaccurate details. If an order must be rectified due to you providing inaccurate personal details, then this can be done but at your expense.
You may order from us if you are aged 18 years or over, have an active email account and a telephone number at which you can be contacted. In submitting an order, you represent and warrant to us that you are over 18 and have read these Terms and Conditions.
You must check your order carefully before you submit it. Once submitted, we may try to make changes to the order by agreement, but we are under no obligation to do so.
A separate delivery fee applies to each order.
We can accept or reject your order for any reason at any time, including errors on the Website, where products are unavailable or withdrawn. We are not liable to you for loss for rejection of an order. If this happens, we will use reasonable endeavours to contact you with 7 days to arrange a full or partial refund.
We endeavour to ensure that the images of goods on the Website are as accurate as possible, but we can’t guarantee that sizes, dimensions, colours etc of actual goods are identical.
Shipping and Delivery
All orders will be dispatched within 3-7 business days after payment has been made and cleared.
We use third party delivery agents to deliver goods. You agree to us giving your details to those delivery agents for the purpose of delivering your goods.
All original artworks will be packed securely, tracked and have insurance included in the shipping cost for both Australian and International orders.
Shipping within Australia.
Works will be securely packaged for delivery. Artworks are currently sent through both Australia Post and Courier Services. Selected smaller artworks will be sent to addresses in Australia via Australia post with medium to large artworks, along with any smaller piece that is exceptionally delicate/fragile, being delivered by Courier Services. Artworks that require Courier Services will be noted in the product description.
Shipping outside Australia (International Orders)
Selected artwork (small frames) purchases from outside of Australia will be delivered through Australia Post to selected international destinations and with medium to large artworks requiring Courier Services. Artworks will be securely packaged for delivery.
International purchasing enquiries for medium to large artworks and shipping destinations not listed should be directed to Us through the contact page or email (hello.stitchandbone@outlook.com) as a specific quote will be required for the item and destination. A shipping quote will be provided upon contact. If you are shipping outside of Australia then you are responsible for all customs charges, taxes and additional postage fees requested by customs.
Please note, for international shipments, it is important for the buyer to be aware that the destination country's Customs Service may be in touch during the import clearance process for instructions or the payment of import duties etc. Any additional custom taxes or import duties are the responsibility of the buyer.
All original artworks will be tracked and have insurance included in the shipping cost for both Australian and International orders.
Notwithstanding anything else stated on the Website we can’t guarantee that delivery will occur in the stated delivery time frames and we’re not liable for late deliveries. Please understand that once your order has left the studio it is out of our control.
All artwork is packaged to ensure that it reaches you safely. On delivery, you must inspect your goods and check that the goods delivered match your Order. Contact us immediately if the goods don’t match the order or there is any damage or other problems with the goods. If it looks like the packaging of your artwork has been tampered with or damaged - please photograph the packaging prior to unwrapping for insurance purposes as well as the artwork inside if you note any issues.
Risk and title
Risk and title in the goods pass to you on the date and time of delivery of the goods to the delivery agent.
Returns
We wish that each and every customer has an exceptional experience shopping with us. We have made every effort to describe our products in great detail and provide images that accurately depict the products so that you can make an informed decision on your purchase.
Therefore, we are unable to accept ‘change of mind returns’, refunds or exchanges on our products. We also do not offer exchanges or refunds on original/commissioned/bespoke artworks or discounted/sale items. We do not accept returns or exchanges. All sales are final.
In the unlikely event that your order is damaged, please email hello.stitchandbone@outlook.com within 24 hours of receipt of order. You must include images of the damaged order via email. We will then endeavour to respond to you within 3 business days of receipt of email and will work with you to sort out the issue.
If items are to be returned due to damage, then they must be returned via the same postage packaging they were delivered in, including insurance. We are not liable for any returned items that are lost in transit. We recommend sending your returned item via tracked and insured post and retain a receipt of postage.
Disclaimer
The information provided on this Website is provided as is. We provide this information in good faith and to the best of our knowledge, it is accurate and current. However, the Website may contain errors, faults and inaccuracies and may not be complete and current.
We do not represent or warrant that the information on the Website is accurate, complete or current, or that the Website will be uninterrupted or error free, or that any defects in the website will be corrected or that the website or the server that makes the Website available are free of viruses or any other harmful components.
Except to the extent required by law, we do not make any warranties or representations of any kind, express or implied, about the operation of the Website or the information, content, materials or products included on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law. The information on the Website is for general information purposes only and does not constitute advice.
Limitation on liability
Subject to any rights you have under any consumer protection law or other laws that can’t be excluded we exclude all implied terms and warranties relating to the Website and these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).
Subject to any non-excludable liability (including under consumer laws) and express provisions we are not liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury, in contract, tort (including negligence), under statue or otherwise, however caused.
Subject to any non-excludable liability implied by legislation (including under consumer laws), our liability in connection with goods or services supplied to you will, at our election be limited to the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods.
To the extent permitted by law, our liability to you for loss or damage of any kind arising out of your use of, or relating to, this Website will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
Indemnity
You indemnify us for any loss or damage if you breach these Terms and Conditions.
Intellectual Property
We own the Website and all material provided on the Website, including the look and feel of the Website, the colour combinations, layout, literary and artistic works, photographs, and all graphical elements.
All images, graphics and artworks are the sole property of Stitch and Bone. They are not to be used by any third party unless in receipt of express written consent from us.
Any use of our Website, social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without our permission. All worldwide rights reserved.
Privacy
Personal Information will be handled according to our Privacy Policy. You represent and warrant that all information you provide us is true, accurate, complete and up to date.
Viruses
We take care to ensure that the Website is free from viruses. However we can’t guarantee that any file available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all files on the Website and you release us entirely of all responsibility for any consequences of its use. We otherwise have no liability for any viruses transmitted to you by email.
Third Party sites and services
The Website may contain links to third party sites. We are not responsible for the condition or content of those sites. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement of the sites or the products or services provided on the site.
Third party advertising or material on the Website or our social networking sites is not our responsibility.
We can terminate your access to the Website at any time.
General
These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales and any courts which have jurisdiction to hear appeals from any of those courts.
The Website may be accessed from Australia or overseas. We make no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.
You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.
We may give notice to you by electronic mail via the details you have provided to us at the Website. You may give notice to us by email at hello.stitchandbone@outlook.com.
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
A failure or delay by to exercise a power or right under, or enforce strict performance with, these Terms and Conditions does not constitute as a waiver of that power or right.