1. About the Website
- Welcome to www.quiltersneedle.com.au (‘Website‘). The Website is a retail outlet for Patchwork Fabric, Craft Items, Giftware and Haberdashery .
- The Website is operated by Helen Reading; The Quilter’s Needle (ABN 37201788049). Access to and use of the Website, or any of its associated Products or Services, is provided by Helen Reading; The Quilter’s Needle. Please read these terms and conditions (‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- Helen Reading; The Quilter’s Needle reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Helen Reading; The Quilter’s Needle updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
- You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Helen Reading; The Quilter’s Needle in the user interface.
3. Copyright and Intellectual Property
- The Website, the content and all of the related products of Helen Reading; The Quilter’s Needle 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 content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Helen Reading; The Quilter’s Needle or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by Helen Reading; The Quilter’s Needle, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- Helen Reading; The Quilter’s Needle does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Helen Reading; The Quilter’s Needle.
- Helen Reading; The Quilter’s Needle 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 any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
- to you.
- You may not, without the prior written permission of Helen Reading; The Quilter’s Needle 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, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
5. General Disclaimer
- Nothing in the 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.
- Subject to this clause 5, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Helen Reading; The Quilter’s Needle 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 content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Helen Reading; The Quilter’s Needle make any express or implied representation or warranty about the content or any products or content (including the products or content of Helen Reading; The Quilter’s Needle) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the content or any of the products of Helen Reading; The Quilter’s Needle; and
- the content or operation in respect to links which are provided for your convenience.
6. Food Information Disclaimer
- The information contained in this website is for general information purposes only and is not meant to substitute professional dietary advice or treatment. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider. Any statements regarding dietary supplements are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.
7. Limitation of liability
- Helen Reading; The Quilter’s Needle’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
- You expressly understand and agree that Helen Reading; The Quilter’s Needle, its affiliates, employees, agents, contributors 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.
- You acknowledge and agree that Helen Reading; The Quilter’s Needle holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
8. Termination of Contract
- If you want to terminate the Terms, you may do so by providing Helen Reading; The Quilter’s Needle with 14 days’ notice of your intention to terminate by sending notice of your intention to terminate to Helen Reading; The Quilter’s Needle via the ‘Contact Us’ link on our homepage.
- Helen Reading; The Quilter’s Needle may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Helen Reading; The Quilter’s Needle is required to do so by law;
- Helen Reading; The Quilter’s Needle is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
- the provision of the Services to you by Helen Reading; The Quilter’s Needle, is in the opinion of Helen Reading; The Quilter’s Needle, no longer commercially viable.
- Subject to local applicable laws, Helen Reading; The Quilter’s Needle reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Helen Reading; The Quilter’s Needle’s name or reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Helen Reading; The Quilter’s Needle have benefitted 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.
- You agree to indemnify Helen Reading; The Quilter’s Needle, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
10. Dispute Resolution
- 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 (except where urgent interlocutory relief is sought).
- 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.
- On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
- Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association; Conflict Resolution Service or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Perth, Australia.
- All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation:
- If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
11. Venue and Jurisdiction
- The Services offered by Helen Reading; The Quilter’s Needle 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 Western Australia, Australia.
12. Governing Law
- The Terms are governed by the laws of Western Australia, 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 Western Australia, 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.
13. Independent Legal Advice
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- 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.
15. Refund Policy
This Refund Policy (“Policy”) applies to the following purchases: Fabric, Craft Items and Giftware
1.1. We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Refund Policy (“Policy”).
1.2. Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.
1.3. Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.
Australian Consumer Law
2.1. Under the Australian Consumer Law:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
2.2. We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.
2.3. The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.
2.4. If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.
2.5. Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.
2.6. If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.
2.7. If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.
Cancellation and Change of Mind
3.1. We do not offer any refund if you change your mind, or find the same product or service cheaper elsewhere.
Products Damaged During Delivery
4.1. In the event that the product you ordered has been damaged during delivery:
(a) Please contact us as soon as possible.
(b) Any damaged product must be returned in the condition in which it was received, together with any packaging and other items which you received with the damaged product.
4.2. We will arrange to repair or collect the damaged product and replace it with an equivalent product, or to refund it, provided that you have contacted us within the following time from the date of receipt of the product: 7 days.
5.1. Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service purchased by you if:
You misused the said product in a way which caused the problem.
You knew or were made aware of the problem(s) with the product or service before you purchased it.
You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.
Any other exceptions apply under the Australian Consumer Law.
Shipping Costs for Returns
6.1. In the event that a product you have purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law, we shall bear any cost of shipping the said product (the “Returned Product”) back to us, as well as any cost of shipping any replacement product to you.
6.2. If the Returned Product can easily be shipped or returned, then you are responsible for organising for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.
6.3. If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost.
6.4. In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.
7.1. We aim to process any requests for repairs, replacements or refunds within 5 days of receipt.
How to Return Products
8.1. You can contact us at the end of this Policy to discuss a return using the information.
8.2. Unless otherwise defined in our sole discretion, we shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase.
8.3. To be eligible for a refund, repair or replacement, you must provide proof of purchase.
8.4. You may be required to provide a government issued identification to qualify for a refund, repair or replacement.
9.1. If you wish to speak to us about this Policy or about any refund, repairs or replacements, please contact us at: firstname.lastname@example.org.