TERMS AND CONDITIONS

Please read these terms and conditions (“terms and conditions”, “terms”) carefully before using www.originalsbybronterose.com.au website (“website”, “service”) operated by (“us”, “we”, “our”).

Website owner, the offering, and binding of Terms

This website is owned and operated by Bronte Rose Bussenschutt. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the ability to view and purchase available products, subscribe, connect with us via social media channels, read blogs and other content, and to contact us as required. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

Who can use our website; what are the requirements to create an account

In order to use our website and/or receive our services, you must be at least sixteen years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

Key commercial Terms offered to customers

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your payment method.

Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

Products and Services

While we do our best to ensure that descriptions are accurate and colours are adequately represented, there may from time to time be some discrepancies.

Originals by Bronte Rose and all of its representatives cannot be held responsible should there be discrepancies in size, shape, or colour with the products received by the customer, as your computers may simply have been showing them differently.

While we aim to ensure that a product for sale is in stock, Originals by Bronte Rose and all of its representatives cannot be held liable if there were to be a mistake and a product is sold out or unavailable, in which case Originals by Bronte Rose reserves the right to cancel your order.

Despite efforts to ensure all information remains accurate, errors or mistakes can occur from time to time and Originals by Bronte Rose reserves the right to correct wrong information, such as prices, availability, descriptions, images and other displayed information, as well as reserving the right to cancel or refuse to process an order that was made based on any incorrect information.

Payments

Payments on our website are processed through third party payment providers (Stripe, PayPal). Please refer to Stripe privacy policy and PayPal privacy policy for information on how your information is collected and stored.

Licensed Artwork

For all licensed artwork/s: In order to receive any artwork file/s, you MUST read, sign and agree to our Agreement Form first. A link to our License Agreement Form template will be available on our website for you to peruse prior to any purchases of Licensable Artwork. Once artwork file/s are purchased, a pre-filled version of our License Agreement Form stating terms of license will be sent to your nominated email address via Dropbox or WeTransfer for you to read and sign. Once you have read, signed and shared the signed copy of the License Agreement Form with Originals by Bronte Rose, your purchased Licensed Artwork file/s will be sent to your nominated email address via Dropbox or WeTransfer. This may take a few days, or may depend on how long it takes for the Licensed Agreement Form to be signed and agreed upon and returned to Originals by Bronte Rose.

It is important to note that artwork file/s WILL NOT be sent to you UNTIL you read, sign and return the correct License Agreement Form to Originals by Bronte Rose. This is due to copyright concerns.

Return and refund policy

For purchased licensed artwork/s, there will be no refunds, credits, or returns once purchased artwork file/s are sent and/or received to/by the nominated email address. Please ensure all accuracy is taken upon purchase when entering all information such as, but not limited to, the email address you wish to receive the artwork file/s, as once the artwork file/s have been sent to the supplied email address, this cannot be undone and you will be ineligible for a refund, return, or credit. Additional email addresses per purchase cannot be used to receive the artwork file/s once artwork file/s have been sent by Originals by Bronte Rose. If you are at all confused or concerned with our Returns Policy, please contact Originals by Bronte Rose prior to purchasing any of our products so we may attempt to assist in your understanding.

Please review further information especially regarding products printed and shipped by our third party supplier, Printful, below.

While our designs are mostly created as digital art by Bronte Rose Bussenschutt (Originals by Bronte Rose), our physical products are produced and sent through a print-on-demand (POD) service, Printful. We advise that if you have an issue with your order, to please get in touch with Originals by Bronte Rose first, via email at bronteroseoriginals@outlook.com, so that we can attempt to resolve any product or shipping issues on your behalf, prior to you returning your item/s.

For your reference, we have outlined excerpts from Printful’s return policy below.

IMPORTANT: Any claims for misprinted/damaged/defective items must be submitted within 4 weeks after the product has been received. You must also provide clear photographic evidence of the misprint/damage/defect of your received product with your claim. For packages lost in transit, all claims must be submitted no later than 4 weeks after the estimated delivery date. Claims deemed an error on our print-on-demand service (Printful)’s part are covered at Printful’s expense. If the package was marked as delivered by the carrier, but you report that you have yet to receive it, Printful or Originals by Bronte Rose won’t cover the cost of re-shipping or refunding the order. There may be cases where the delivery was made, but the package was left in an unexpected location at your address. Customers should reach out to the carrier and inquire if any additional details were left by the delivery person. For example: “Left under the table on the back porch.” If you are unable to locate the package, and you have contacted the carrier and still cannot locate the package, you will need to place a new manual order to have it re-shipped. We are not yet able to assist with filing claims with shipping carriers.

If something arrives damaged, send a photo of the damaged goods to support@printful.com, then we'll gladly send a replacement at no cost to you.

If you have ordered directly through our shop on Printful’s page, and you notice an issue on the products or anything else on the order, please submit a problem report. (https://help.printful.com/hc/en-us/articles/360014007620-how-do-i-report-a-problem-with-my-order-)

The return address is set by default to the Printful facility. When Printful receives a returned shipment, an automated email notification will be sent. Unclaimed returns get donated to charity after 4 weeks. If Printful's facility isn't used as the return address, you would become liable for any returned shipments you receive.

Wrong Address - If you provide an address that is considered insufficient by the courier, the shipment will be returned to Printful’s facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).

Unclaimed - Shipments that go unclaimed are returned to Printful’s facility and you will be liable for the cost of a reshipment to yourself (if and as applicable).

Printful and Originals by Bronte Rose do not accept returns of sealed goods, such as but not limited to face masks, which are not suitable for return due to health or hygiene reasons. You hereby agree that any returned orders with face masks won’t be available for reshipping and will be disposed of.

Returned by Customer - Except for Customers residing in Brazil, we do not refund orders for buyer’s remorse. Returns for products, face masks, as well as size exchanges are to be offered at Originals by Bronte Rose’s discretion. Customers residing in Brazil and regretting a purchase must contact Printful’s Customer Service and express their will to return the item within 7 consecutive days after receiving it, providing a picture of the item. The withdrawal request will undergo an evaluation to verify whether the product was used or destroyed, even if partial. In these cases, a refund will not be possible.

The return address of your store is by default Printful's, and is based on where your package was fulfilled:

Packages sent out from our US and Mexico fulfillment centers are returned to our Charlotte facility. Its address: 11201 Ed Brown Rd, Charlotte, North Carolina, 28273.
Packages sent out from our facility in Canada are returned to: 3500 Laird Rd, Mississauga, ON L5L 5Y4 Canada.
Packages sent out from our Latvian facilities are automatically returned to Plienciema 5, Marupe, Marupes novads, LV-2167, Latvia.
Packages sent out from our Spanish facility are automatically returned to Travessía Prat de la Riba, 91-95, 08849 Sant Climent de Llobregat, Barcelona, Spain.
Packages fulfilled by our partner facilities in Australia are returned to: 40 Tanimbla Street, Kedron, Queensland 4031, Australia (apparel orders); 338 Albert St, Brunswick VIC 3056, Australia (non-apparel orders).
Packages fulfilled by our partner facility in Japan are returned to: 817-3 Komiyaji, Shinwamachi, Amakusa City, Kumamoto Prefecture, 8630101 Japan.
Packages fulfilled by our partner facilities in Brazil are returned to: Rodovia Santos Dumont, 4791 (Antigo KM 3,5), Armazém 111, Galpão 02, Empreendimento Caxias Park. Parque Paulista. CEP 25251-460. Duque de Caxias - RJ, Brasil (apparel orders & mugs); R. João Ferreira de Camargo, 714 - Jardim Mutinga. CEP 06460-060. Barueri - SP, Brasil (non-apparel orders).

Disclaimer: Return addresses listed above should be used only for product returns. All other types of correspondence (notices, letters, etc.) sent to Printful’s address will be returned to the sender, as Printful is not legally permitted to open correspondence that's not addressed to them.

Once a return package reaches Printful’s facility, we’ll notify you via email. Based on the reason for the return, Printful will decide what the next steps should be.

Notification for EU consumers: According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:

1. the supply of goods that are made to the consumer's specifications or are clearly personalized;
2. sealed goods which were unsealed after delivery and thus aren't suitable for return due to health protection or hygiene reasons,

therefore Printful reserves rights to refuse returns at its sole discretion.

This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.

External Links

We may supply links to third party’s websites on our own website, however Originals by Bronte Rose does not imply endorsement of the third party’s website and cannot be responsible for whatever happens when you choose to follow a link and leave our website. For any link to a third party’s website, please carefully review the respective terms and privacy policies of these external websites.

Retention of right to change offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Warranties & responsibility for services and products

When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product (excluding digital artwork files). If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.

Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, digital art, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Bronte Rose Bussenschutt. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof without explicit permission in writing from Originals by Bronte Rose.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

Indemnification

You agree to indemnify and hold Bronte Rose Bussenschutt harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website. We reserve the right to select our own legal counsel.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Bronte Rose Bussenschutt, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Bronte Rose Bussenschutt assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

General

Our website and services are not to be used for illegal or unlawful purposes. Users must not try to breach or test the vulnerability of our network or circumvent security measures. Originals by Bronte Rose reserves the right to terminate the contract or disable user accounts should there be a violation of any of our terms, guidelines and conditions.

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Australia, Queensland, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Queensland Courts. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Community Visibility

All users that join a community on our site have a public profile that is publicly visible to site visitors, and that your public activity (such as your posts or comments) will be visible to other visitors of the website.

You acknowledge and agree that when you post content on our site, Originals by Bronte Rose, or view content provided by others, you are doing so at your own risk and discretion, including and reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of Originals by Bronte Rose, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on our site, Originals by Bronte Rose.

A user of the website can always opt-out and exit the community, and upon doing so, such user’s profile will not be publicly visible. Naturally, in such event the user will not be able to use the community features (e.g. liking, commenting or writing posts).

Customer support details & contact info

If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at bronteroseoriginals@outlook.com.

TERMS AND CONDITIONS

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