Last updated: 16 March 2021.

1. About the Website & Acceptance of the Terms

(a) Welcome to www.airhartcreative.com.au (the 'Website'). The Website is operated by Airhart Creative (ABN 42423853638). Please read these terms and conditions (the 'Terms') carefully. By using the Website, this signifies that you have read, understood and agree to be bound by the Terms. You accept the Terms by remaining on the Website. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. 

 

(b) Airhart Creative reserves the right to change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
 

 

2. Purchase of Products and Returns Policy 

 

(a) Payment of the Purchase Price may be made through Stripe or Paypal (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers. 

 

(b) Following payment of the Purchase Price being confirmed by Airhart Creative, you will be issued with a receipt to confirm that the payment has been received and Airhart Creative may record your purchase details for future use.

 

(c) Please choose carefully. We do not offer refunds, returns or exchanges for change of mind, wrong decisions or incorrect choice. 

(d) We take special care when packaging all artworks for shipping. In the unfortunate circumstance that an item arrives broken or damaged, please notify us immediately and within 7 days of delivery via email airhartcreative@gmail.com with details and images and we will arrange a replacement or repair. We will provide a refund or online store credit if we are unable to replace or repair a faulty product.

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3. Warranty

(a) Airhart Creative's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. 

 

(b) You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within 14 days from the date of Delivery. (the 'Warranty Period'). 

 

(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Airhart Creative showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Airhart Creative at PO Box 53, South Hurstville, New South Wales, 2221 or by email at airhartcreative@gmail.com. 

 

(d) Where the Warranty Claim is accepted then Airhart Creative will, at its sole discretion, either repair or replace any defective Products or part thereof during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim. 

 

(g) The Warranty does not apply to any appearance of the supplied Products nor to Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

 

4. Delivery 

 

(a) You acknowledge that the Purchase Services offered by Airhart Creative integrate delivery (the ' Delivery Services') through the use of third party delivery companies (the ' Delivery Service Providers'). 

 

b) In providing the Purchase Services, Airhart Creative may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Airhart Creative is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services. 

 

(c) In the event that an item is lost or damaged in the course of the Delivery Services, Airhart Creative asks that you: 

(i) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and 

(ii) contact us by sending an email to airhartcreative@gmail.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

 

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5. Price Errors
 

(a) Where Airhart Creative becomes aware of the price of any Product is incorrect:

(i) We will refund the overpayment to you if the incorrect price is higher than the correct price.

(ii) We reserve the right to not accept the order for Products if the incorrect price is lower than the correct price, even if the order has been accepted and payment received. Prior to rejecting your order, we will contact you and offer to either amend the order or proceed with the order of the Products at the correct price. If you decline to proceed with the purchase, we will refund any payments to you.
 

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6. Copyright and Intellectual Property 

 

(a) The Website and all of the related products of Airhart Creative are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video, images, and audio clips) (the 'Content') are owned or controlled for these purposes, and are reserved by Airhart Creative or its contributors. 

 

(b) Airhart Creative retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: 

(a) the business name, trading name, domain name, trade mark, industrial design,  patent, registered design or copyright of Airhart Creative; or 

(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design.
 

(c) You may not, without the prior written permission of Airhart Creative and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. 

 

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7. Privacy 

 

(a) Airhart Creative takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Airhart Creative's Privacy Policy, which is available on the Website.

 

8. General Disclaimer 

 

(a) Airhart Creative will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website. 

 

(b) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

 

c) Subject to this clause, and to the extent permitted by law: 

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and 

(ii) Airhart Creative 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), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. 

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9 Limitation of Liability

 

a) Airhart Creative's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, will not exceed the most recent Purchase Price paid by you under these Terms.

 

(b) You expressly understand and agree that Airhart Creative, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. 

 

(c) Airhart Creative is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Airhart Creative, by third parties or by any of the Purchase Services offered by Airhart Creative. 

 

(d) You acknowledge that Airhart Creative does not provide the Delivery Services to you and you agree that Airhart Creative will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

 

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10. Termination of Contract 

 

(a) The Terms will continue to apply until terminated by either you or by Airhart Creative as set out below. 

 

(b) If you want to terminate the Terms, you may do so by notifying Airhart Creative at any time. Your notice should be sent, in writing, to Airhart Creative via email to airhartcreative@gmail.com. 

 

(c) Airhart Creative may at any time, terminate the Terms with you if: 

(i) you have breached any provision of the Terms or intend to breach any provision; 

(ii) Airhart Creative is required to do so by law; 

(iii) the partner with whom Airhart Creative offered the Purchase Services to you has terminated its relationship with Airhart Creative or ceased to offer the Purchase Services to you; 

(iv) the provision of the Purchase Services to you by Airhart Creative is, in the opinion of Airhart Creative, no longer commercially viable.

 

(d) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Airhart Creative have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

 

11. Dispute Resolution 

 

(a) Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with.

 

(b) Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute. 

 

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12. Venue and Jurisdiction 

 

(a) The Purchase Services offered by Airhart Creative is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

 

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13. Governing Law 

 

(a) The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

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14. Severance 

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