Terms & Conditions
Last Revised: 28th August, 2019
The following Terms and Conditions constitute an agreement (the “Agreement”) between you as the (“User”) and Lovely People Studio (“Lovely People Studio”) (“we”, “us”) (A.B.N. 27 230 665 007) and contain the terms and conditions that apply to your access and use of the website and The Services provided by Us.
Please read these terms and conditions (the “Terms”) carefully. By accessing our website: www.lovelypeoplestudio.com you signify that you agree with these terms and conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use, or access (or continue to use or access) the Website.
Lovely People Studio reserves the right to modify this Agreement and/or the Policies (and update The Lovely People Studio Web Page on which they are displayed) from time to time. A date stamp will be applied at the top of the page therefore it is important that you review this page prior to each purchase. Any changes made to these terms and conditions become effective after publishing to this website. Your continued use of the website and your purchase or engagement with Lovely People Studio indicates you agree to all Terms set forth herein.
Lovely People Studio’s services include: creative direction, custom textile design, fashion design and technical development, and graphic design.
The Client acknowledges that from time to time, Lovely People Studio may engage contractors to assist in project work.
All products sold from Lovely People Studio are final, and are sold on a no return, exchange or credit basis, once an order has been complete, and payment has been processed.
As per Australian Consumer Law, where a product has been listed at an incorrect price, incorrect description or image due to typographical error or similar oversight, Lovely People Studio reserves the right to cancel and/or amend a transaction.
This Website, including associated social media profiles, may contain links to third party websites. The inclusion of a link does not imply that Lovely People Studio endorses, has investigated or verified the linked websites. They are provided on an ‘as is’ basis.
Lovely People Studio makes no warranty or representation that any linked website content does not infringe the intellectual property rights of any other business or person. Lovely People Studio does not control or authorise infringement or intellectual property on these sites.
4) Terms of Sale and Copyright
The products for sale on this website are for use on items for resale such as clothing, accessories, homewares, stationery, wallpaper, posters, commercial merchandise, and digital products. The client may not purchase products for further distribution, resale or for any other commercial or business purpose.
Purchased designs, or derivatives of, may not be reproduced or displayed for sale on print on demand sites, other print studio websites, or any website where the design is resold for use.
Additional terms as follows:
Non Exclusive Licensed Prints
In consideration of full and punctual payment to Lovely People Studio, the client will be granted a non-exclusive right and license to use a standard print created by Lovely People Studio, solely for the business to whom has purchased it.
A licensed print created by Lovely People Studio relates to any designs that are available in the website library as a pre-designed print. The Client makes a purchase of a standard licensed print with the acknowledgement and knowledge that the design is non-exclusive.
The Client hereby undertakes that they will not claim to have created, or own copyright of any non-exclusive artwork.
Licensed prints from Lovely People Studio are not transferable, and cannot be shared, re-sold to, gifted, assigned to or used by any other business entity without written permission from Lovely People Studio. Purchases cannot be used for business to business wholesale products, including the printing of fabric; whereby multiple businesses would be purchasing from the license holder.
The Client hereby undertakes that they will not in any way use the licensed design to marginalise, discriminate against, or bully any person, or for the promotion of illegal activities. Designs are not to be used for any materials which would be considered pornographic, defamatory or libellous.
Licensed prints can be used for an unlimited number of units, for a period of 3 years from the date of purchase.
In consideration of full and punctual payment to Lovely People Studio, exclusive right to use the design will be provided to Clients who make a purchase under the Lovely People Studio’s exclusive textile print library, or via engaging Lovely People Studio for custom designs.
The Client hereby undertakes that they will not in any way use the exclusive design to damage Lovely People Studio’s business.
The Client hereby undertakes that they will not in any way use the exclusive design to marginalise, discriminate against, or bully any person, or for the promotion of illegal activities. Designs are not to be used for any materials which would be considered pornographic, defamatory or libellous.
Lovely People Studio hereby give the Client all of its right, titles and interests in and to the work product (including intellectual property rights), and the Client is then sole owner of the works and copyright of the works.
For all purchases, whether non-exclusive, exclusive or custom designed, the Client agrees to allow Lovely People Studio to place images of the finished product/s and design process, along with a hyperlink to the Client’s site on Lovely People Studio’s own website, social media platforms or other promotional material, unless agreed to the contrary in writing by both parties. The Client is not obliged to credit Lovely People Studio in any promotional material of the finished products.
For custom design services, Lovely People Studio will provide the Client with a Commissioned Works Agreement and deposit invoice. This agreement is to be signed by The Client, and deposit paid prior to booking confirmation.
6) User’s Obligations
You agree that at all times that:
- You will comply with this Agreement (including all Lovely People Studio Policies) and all applicable laws and regulations; and
- You will provide accurate information, to the best of your knowledge; and
- You warrant that the instructions you provide to Lovely People Studio will not infringe, misappropriate or violate a third party’s intellectual property rights, or privacy rights, or any other rights or result in the violation of any applicable law or regulation.
Payment of services and/or products from Lovely People Studio will be in Australian Dollars (AUD).
Payment will be made via Shopify Payments, Electronic Funds Transfer (EFT), PayPal, Zip Money, Bank Deposit or Credit Card.
Full and punctual advanced payment is required prior to the product being dispatched, digital download link emailed, file artwork transferred, or the service being delivered.
All prices displayed of products or services are advertised on the Website. These can be changed without notice.
In the event Lovely People Studio is required to recover any unpaid costs:
- all legal costs involved with recovery will be paid by the Client, on an indemnity basis; and
- where the account is referred to a collection agency, collection costs associated with the collection agency will be added to the balance outstanding and will be paid by the Client.
The Client is responsible for the payment of delivery fees of product(s) and/or samples from Lovely People Studio.
Samples, fabric swatches or products mailed from Lovely People Studio will be transported either through Australia Post, or a courier of your choice. Delivery addresses cannot be altered once an Order has been processed. Lovely People Studio makes every reasonable effort through its packaging and its liaisons with its delivery services to ensure that your parcel is safe for transportation and arrives to you safely.
Ownership of the parcels turned over to Australia Post, or the courier of your choice from Lovely People Studio automatically transfers to the buyer. Lovely People Studio will not be responsible for any loss of, or damage to packages. We will not be responsible for any error in the supply of incorrect shipping information, or delivery errors through Australia Post.
Once your order has been processed, you will be provided with a tracking number for Australia Post, or the courier of your choice, if registered post has been selected. Should you have any questions related to your delivery, please contact the courier company, or the Post Office with your tracking number.
The estimated delivery time-frame will range depending on the carrier or shipping method of your choice. So we recommend that you review and consider the postage timeframes on the respective websites. For international transactions outside of Australia, you acknowledge that you as the buyer will be responsible for paying an additional costs such as duties, taxes and customs clearance fees.
To ensure the safe delivery of your product(s), we do recommend that someone is available to receive your order.
In circumstances where no one is present to receive the delivery, the courier or Australia Post will return your order to the nearest post office, or depot for collection, causing a potential delay in your delivery, where the Lovely People Studio will not be responsible for. Where the client wishes to send sample items to Lovely People Studio, they acknowledge that unforeseeable delays in transit or delivery costs may pose delays to the project timeframe which Lovely People Studio cannot be held liable for.
9) Intellectual Property
The designs, information, text materials, graphics, logos, button icons, video and audio clips, trademarks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of Lovely People Studio Website and or any of its Platforms are protected by copyright, trademark and other intellectual property laws.
If images or information from Lovely People Studio are shared on social media platforms including but not limited to Pinterest, Instagram or Facebook, written permission must be obtained first, and any images shared with permission must be credited and linked back to Lovely People Studio’s website and/ or social media accounts.
To access certain features of a project with Lovely People Studio, you may be required to register an Account (via a Username and Password) with Lovely People Studio. This registration is free.
You acknowledge that in accessing our website and engaging our services, you are completely responsible for any and all of the activity, liability and/or damage which results from your failure to securely maintain your account information and/or password. You agree that you will securely protect your account information and password and will make sure that this information is maintained as accurate.
As the client, you will bear full responsibility for any and all activities that are conducted through your account.
12) Commencement and termination for services
All services with Lovely People Studio are only confirmed when the Client pays the non-refundable 50% deposit fee. Once the deposit is received, an email will be sent to the Client to confirm and make arrangements for the commencement of the project.
This agreement shall begin when both parties sign and shall continue until all services are complete and delivered, or until the agreement is terminated. Either party may terminate this agreement at any time, on written notice to the other party, if the other party ceases to conduct business in its normal course, including but not limited to: liquidation, insolvency, bankruptcy or the making of an assignment for the benefit of creditors.
In the event of termination, the Client guarantees the payment to Lovely People Studio for the services performed through the date of termination in the amount of a prorated portion of the fees due. The Client shall pay all expenses, fees, and additional costs incurred through the date of termination.
Pursuant to relevant Australian Consumer Laws, Lovely People Studio agrees to provide our services with due care and skill; and note that we meet a level of professional skill or knowledge to deliver the Services that we provide.
Where a Product ordered and received arrives in a damaged state, and it was a fault from us, Lovely People Studio, we will endeavour to amend the product. If the product is not editable or cannot be fixed, replacement or refund will be offered.
We cannot provide a refund where a Client has changed their mind(s) about our services.
Any requests for cancellations or refunds will be at the discretion of Lovely People Studio, and will be assessed on a case by case basis. Such refunds will be exclusive of any postage and handling costs.
A refund offer of credit for other services or products of Lovely People Studio may be offered to clients by Lovely People Studio’s discretion.
14) No warranties
To the extent permitted by law, Lovely People Studio does make any warranties of any kind, either express or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including but not limited to, warranties of merchantability or fitness for purpose and all such warranties are hereby excluded.
15) Availability, Errors and Inaccuracies
As we are constantly updating our product offering, there may be times we may experience some delays in updating information on our services or product page, and in our advertising on other websites. There may be instances where there may be errors or inaccuracies found on our web page that may not be complete or current, or if products or services are mispriced, described inaccurately, or unavailable. We cannot guarantee the accuracy or completeness of any information found on our website.
We reserve the right to change or update the information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Lovely People Studio nor any of its officers, will not be liable to you or anyone for any delays, errors, omissions, any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economy, consequential or punitive damages or any legal costs arising out of, or in connection:
- the use of the Lovely People Studio website;
- the use of information provided by you through Lovely People Studio on its website and/or its platforms; or
- the use of any products and/or resources provided to you by Lovely People Studio;
- you or anyone else being unable to access Lovely People Studio for any reason;
- the production and sales outcomes by you and your manufacturer.
You acknowledge that materials on the Lovely People Studio website may contain technical, typographical or photographic errors. Lovely People Studio do not make any commitment to update the materials.
You indemnify Lovely People Studio harmless from any and all claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable legal costs and expenses which may arise directly or indirectly as a result of any promise, representation, warranty, act, omission or obligation of Lovely People Studio in respect of the provision of the Services to You; use of the Services, resources or products to You; and/or any breach of this agreement by You.
Lovely People Studio makes no guarantee as to the availability or suitability of services, or information on this Site or to its materials.
Lovely People Studio nor any of its officers will be liable to you or anyone for any defamatory, infringing, offensive or material found in connection with the use of Lovely People Studio, including such conduct or material transmitted by means by any other person.
17) Disputes and Mediation
If the Client has a complaint or concerns about the website, please contact Lovely People Studio directly through email@example.com.
Where disputes have occurred, mediation will be the first cause of action, if communications between the Client and Lovely People Studio to attempt to resolve the dispute has exhausted.
All legal/mediation/arbitration fees associated with a dispute raised by the Client will be at the expense (in full) of the Client.
18) Choice of Law
The agreement herein is governed by the law in force in the State of New South Wales and you any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Conditions.
19) Law enforcement
Lovely People Studio reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, which violate any applicable or relevant law.