Please read these Terms & Conditions of Use carefully before using this website.

Welcome to Beasts & Blossoms. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with my privacy policy and website disclaimer, govern www.beastsandblossoms.com’s relationship with you in relation to your use of 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, “I”, “Me” and “My” refers to Beasts & Blossoms (www.beastsandblossoms.com) and “You” and “Your” refers to you, the client, visitor, website user or person using this website.

Amendment of terms

I reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using this website to ensure you are aware of any changes. I will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use this website then I will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.beastsandblossoms.com’s rights and obligations to each other.

Limitation of liability

It is an essential pre-condition to you using this website that you agree and accept that www.beastsandblossoms.com 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 I 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 I expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Competition & 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), www.beastsandblossoms.com’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

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Orders are processed promptly upon receipt of full payment, however, the print-on-demand (for all image prints & canvases, unless specified otherwise on the product description page) and made-to-order (for all jewellery & other gifts, unless specified otherwise on the product description page) nature of this business means that it can take up to 15 working days to create and ship orders – 5 working days is usual, but in busy periods it can take up to 15 working days. Delivery usually takes between 2 and 20 business days, depending on the delivery option and where in the world you’re located. Damaged items must be reported within 48 hours & lost orders must be reported no less than 20 business days (1 month) and no more than 40 business days (2 months) after the shipping date. Replacement of damaged or lost items is made at the discretion of www.beastsandblossoms.com. Please see Shipping for additional information.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any digital goods, please contact me so I may try to assist you.

Returns & refunds

www.beastsandblossoms.com handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Refunds will be processed promptly and payment made by the same method that you made payment. Please refer to Returns & Refunds for additional information.

Links to other websites

www.beastsandblossoms.com may provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.beastsandblossoms.com and the owners of those websites. www.beastsandblossoms.com takes no responsibility for any of the content found on the linked websites.

www.beastsandblossoms.com’s website may contain information or advertisements provided by third parties for which www.beastsandblossoms.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. I am making a ‘recommendation’ only; I am not providing any advice nor do I take any responsibility for any advice received in this regard.

Disclaimer

To the fullest extent permitted by law, www.beastsandblossoms.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Beasts & Blossoms (www.beastsandblossoms.com) 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 I endeavour to have the most accurate, reliable and up-to-date information on this website at all times, I 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 Beasts & Blossoms (www.beastsandblossoms.com) 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.

Your privacy

At www.beastsandblossoms.com, I am committed to protecting your privacy. I use the information collected about you to maximize the services provided to you. www.beastsandblossoms.com respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read my separate privacy policy carefully.

You may change your details at any time by advising me in writing via email. All information I receive from my customers is protected by secure servers. www.beastsandblossoms.com’s secure server software encrypts all customer information before it is sent to me. Furthermore, all of the customer data www.beastsandblossoms.com collects is secured against unauthorized use or access. Credit card information is not stored on our servers.

Third parties

www.beastsandblossoms.com does not and will not sell or deal in personal or customer information. I 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, I may use the information that you provide to improve this website and services but not for any other use.

Disclose your information

www.beastsandblossoms.com may be required, in certain circumstances, to disclose information in good faith and where www.beastsandblossoms.com 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 www.beastsandblossoms.com. www.beastsandblossoms.com 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 Beasts & Blossoms (www.beastsandblossoms.com) will hold you fully responsible for any loss sustained and further hold you accountable for all profits that you might make from such unpermitted and improper use. www.beastsandblossoms.com reserves the right to exclude and deny any person access to this website, services or information in my sole discretion.

Copyright, trademark & restrictions of use

This website contains material which is owned by or licensed to Kay Bradfield / Beasts & Blossoms (www.beastsandblossoms.com). 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 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.

www.beastsandblossoms.com expressly reserves all copyright and trademark in all documents, information and materials on our website and reserves 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 this website as the source of the material.

You may not, except with may 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.

Whole agreement

These terms and conditions represent the whole agreement between you and www.beastsandblossoms.com concerning your use and access to www.beastsandblossoms.com’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.

Use of website content

All images, photographs, graphics, data, including but not limited to moving images, videos and other content (together “Material”) on this website are protected by Australian and international copyright, trademark, patent and other laws relating to intellectual property. You may not do anything which interferes with or breaches those laws or my intellectual property rights in the Material. Any unauthorized use of any Material may violate such laws and I do not grant any express or implied permission to you to use any Material. You may not copy, republish, link to, download, modify, adapt, repost, reverse engineer, create derivative works based on or otherwise use any of the Material on this website without a licence or an agreement from me. Nothing herein grants or can be construed to grant you any rights to use any Material on this website nor will anything you do transfer any intellectual property rights to you without my express authorization and permission.

Jurisdiction

This agreement and this website are subject to the laws of Western Australia and Australia. If there is a dispute between you and Beasts & Blossoms (www.beastsandblossoms.com) that results in litigation then you must submit to the jurisdiction of the courts of Western Australia.

 

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