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1 AGREEMENT
These Additional Terms of Service for Customers (Additional Terms of Service for Customers) apply to all customers and all potential customers of Debbie Alford Quilt Designs (You).
These Additional Terms of Service for Customers together with any other terms and conditions and policies that We publish or link to on Our Website, including without limitation Our:
(a) Website Terms and Conditions; and
(b) Privacy Policy, form an agreement with Us (Agreement).
If You do not agree to this Agreement, You cannot purchase any of Our Products online nor engage Us to provide Our services to You.
We may change this Agreement at any time, and by continuing to use or access Our Website, You are accepting those changes.
2 BEFORE PURCHASE
2.1 Things that You must do before purchasing Products or services on Our Website
Before purchasing Products or services on Our Website, You must:
(a) be 18 years old or have parental consent;
(b) provide complete and accurate information to Us, including account information, and promptly inform Us of any updates to Your information;
(c) pay for the Product and services via the published payment methods available;
(d) ensure that You have adequate technology set-up and internet access to receive any digital products and services;
(e) have any special offer coupons ready as they must be used at the time of purchase to apply and cannot be applied retrospectively; and
(f) be careful with Your order because after placing an order We may not be able to cancel it.
2.2 Intellectual Property
Our Products are digital and physical patterns and templates. Our Products must not be:
(a) reproduced, duplicated, copied, sold, re-sold or exploited on any print on demand website, or other design studio or similar website;
(b) be used for artwork distribution, resale or further licensing;
(c) be white labelled, private labelled or printed or reproduced for purchase; or
(d) shared on any social media channels.
When You purchase a Product, We grant You a non-transferable, royalty-free, revocable licence for a period of 2 years to use the Product for Your personal use to make end-products such as quilts. The end-products must not be on-sold at anytime without Our prior written consent, which will be granted at Our sole discretion, and require credit made on the quilt label and correct attribution pursuant to the Copyright Act 1968 (Cth).
You must not use Our Products for any further commercial purposes without Our prior written consent which is given or withheld at Our sole discretion. Any further use will be conditional on the payment of license fees. Please contact Us at to to seek consent for any further use beyond personal use, or any wholesale enquiries.
All use of the Products is subject to acknowledgement of Our Moral Rights. This includes, but is not limited to, the correct right to attribution of Debbie Alford Quilt Designs.
2.3 How Our services work
We may offer various services from time to time. These services may include longarm quilting services, backing, batting, binding, and/or trimming services (Work).
If You request the Work, We will provide You with a quote. Quotes for Work are based on variables determined by Us in Our sole discretion and may include time, thread and choice of pattern any backing or batting that We supply to You and any other services that We may choose to provide.
Unless expressly set out in the quote, Our quotes do not include postage or any repairs or alterations required to be made to Your quilt, batting or backing to make your quilt suitable for quilting by Us.
All quotes include a free 20-minute consultation to discuss Your requirements.
All quotes are valid for a period of 10 days.
Upon acceptance of any quote, We require a 50% deposit to commence the Work.
The remainder payment is due on completion of the Work.
2.4 Acknowledgements You make when purchasing on Our Website
You acknowledge and agree that:
(a) acrylic templates and patterns are sold separately;
(b) the purchase of any patterns does not include any acrylic templates;
(c) the purchase of any acrylic template does not include any patterns;
(d) the purchase of digital Products does not include a hard copy of that Product;
(e) there may be occasional errors or omissions in Product descriptions, prices, shipping charges, delivery times, availability and promotions;
(f) there may be colour differences, so that the colours and images of Products We display may be different on Your screen to the colours and images of the actual Products;
(g) there may be technical problems downloading patterns, and there are inherent risks associated with downloading digital products;
(h) some Products that We sell are only available for purchase from Our Website;
(i) some Products have limited quantities, and some sales are limited to certain regions or groups of people;
(j) the size of the stitched-out pattern on Your quilt may differ in size from any sample shown to You;
(k) We may keep a photograph of completed Work for our records only and We do not publish or share photos of completed Work unless otherwise agreed in writing with You;
(l) except as required by law, We cannot and do no guarantee the accuracy of the information, the colours and images or the availability of the Products;
(m) if payments for Products and/or services are made in instalments, You authorise Us to deduct all accrued and outstanding fees from Your credit card or debit card provided; and
(o) We may require you to prepare your quilt top, batting and backing in accordance with our specifications. If you cannot or do not prepare any of your quilt top, batting and backing in accordance with our specifications, we may not be able to quilt your quilt.
2.5 Prices
Unless otherwise stated, all prices listed are in Australian Dollars.
3 AFTER PURCHASE
3.1 Things that You must do after purchasing on Our Website
After You purchase any of Our Products and services, You must:
(a) not allow other people to use the Products;
(b) not reproduce, duplicate, copy, sell, re-sell or exploit the Product in any way that is not expressly permitted;
(c) contact Australia Post or the courier company directly if You have late, stolen, or damaged deliveries;
(d) comply with the manufacturer’s or Our instructions in relation to the Product;
(e) contact Us by email at if You have any issues with the Product and require a refund;
(f) seek Our prior written consent before any publication of information about Us; and
(g) in the case of a dispute keep all communications confidential.
3.2 Things that We would love You to do after purchasing on Our Website
We would love You to share Your end-products on social media platforms, with a credit to Debbie Alford Quilt Designs and linked back Our Website or social media accounts.
We would love You to provide Us with any photos, videos, testimonials, and/or case studies so We can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including Our social media channels.
However, please note that by providing Us with photos, videos, testimonials and/or case studies (Content), You assign copyright ownership to Us. This includes all copyright and any other rights under the Copyright Act 1968 (Cth) and the right of reproduction either wholly or in part. If You provide Content but subsequently want to revoke permission to use it, it is Your responsibility to notify Us immediately at .
4 OTHER MATTERS YOU SHOULD BE AWARE OF
4.1 We may change information on Our Website and store
Except as required by law, We may at any time, and without prior notice to You:
(a) change and update information including shipping charges, delivery times, availability and promotions;
(b) change prices or descriptions of Our Products and services;
(c) change Our range of Products and services, or discontinue Products and services; and/or
(d) cancel orders if information is inaccurate.
4.2 We make deliveries at Your option and Your cost
We deliver any physical Products purchased through Our Website and return any Work completed by Us to the areas that are published on Our Website.
We will process Your delivery:
(a) for the purchase of Products upon receipt of payment; and
(b) of any Work on completion of the Work.
We send Your Products or Work (as applicable) via Australia Post or a reputable courier company chosen by Us in Our sole discretion.
In some instances and in Our sole discretion, We will offer free postage if You make a purchase over a certain amount.
Delivery times will depend on Your selected delivery option.
International customers are responsible for any custom and import duties.
In some instances, completed Work will be available for collection. Any Work that is not collected within a reasonable time will incur a storage fee. After 6 months any Work that have not been collected will be resold.
4.3 We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Products and our services are of acceptable quality, fit for purpose and match the description We provide on Our Website. You will have the right to have a Product or Work repaired, replaced or refunded if it doesn’t meet a consumer guarantee. You also have the right to the reasonable costs of any return postage. Except as required by law, We do not warrant the quality of the Products or Work or warrant that they will meet Your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to Your misuse, failure to comply with manufacturer’s and Our instructions, where You fail to take reasonable care, or where You fail to provide Us with adequate information.
4.4 Refunds
Except as required by law, all sales for Our Products and Work are non-transferable and non-refundable.
We do not provide refunds except as required under the Australian Consumer Law.
On occasion We may cancel an order for a Product or Work where We are unable to fulfil it. In these or similar circumstances where We have to cancel an order, We will provide You with a full refund.
In some instances, where We cannot fulfil part of Your order, We will call You and ask if You would like a replacement or substitution product or refund.
4.5 We can refuse to serve You and sell Products and services at any time
We may refuse to provide Products or services to You, or anyone, for any reason, at
any time.
In particular and without limitation:
(a) if You breach this Agreement, We may immediately terminate Your use of Our Website and ban Your purchase of any Products or services; and/or
(b) We have the right to refuse, limit or cancel any order for Our Products or Work, including, but not limited to, where an order appears to be by resellers or distributors without permission.
We can also change, suspend or stop providing Products or services at any time, for any reason, and without notifying You. We are not responsible to You for any changes, or if We suspend or stop selling Our Products, or stop any services.
5 LIMITATION OF LIABILITY AND INDEMNITY
To the maximum extent permitted by law, We are not liable for any Loss or Damage arising from or in connection with Your use of Our Website or for any Products or services purchased from Our Website, including, but not limited to, any errors or omissions, price changes or discontinued Products or services, lost or stolen Products or Work during delivery, any late delivery, resale of any Work not collected, Your reliance on any of Our information, any links to third party websites, any interruptions, any changes, suspension or termination of Our Website, or Your use or misuse of any Product.
To the extent that We are entitled to do so, Our liability under the Australian Consumer Law is limited, at Our option to:
(a) the replacement of the Products or Work or the supply of equivalent products or services; or
(b) the payment of the cost of replacing the Products or Work or of acquiring equivalent products or services.
In any case, Our liability to You will not exceed the amount actually paid by You to Us for the most recent Product or Work that You have paid for.
You agree to indemnify Us, and to keep Us indemnified, from and against any Claim and/or Loss or Damage arising out of or in connection with:
(a) Your breach of this Agreement;
(b) any third party links, websites, apps, software, products and services;
(c) Your breach of the law including your local laws; and/or
(d) Your breach of the rights of a third party.
6 IF THERE IS A DISPUTE
If a dispute cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
In the case of a dispute, you agree to keep all communications confidential.
7 OTHER
This Agreement is governed by the laws of Queensland, Australia, and You and We submit to the jurisdiction of the courts of Queensland, Australia.
This is the entire agreement between You and Us, and supersedes any prior agreements, proposals and communications whether oral or written, between You and Us.
No other term is to be included in this Agreement except where it is required to be included by law.
The failure by Us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision or Our ability to enforce that right or provision.
If a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect.
All obligations and liabilities in this Agreement survive termination of this Agreement.
8 DEFINITIONS
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Claim means any claim, under statute, tort, contract or negligence, any demand,
award or costs.
Debbie Alford Quilt Designs, We, Us, or Our means D.L Alford & R.G Alford ABN 47 606 681 407 trading as Debbie Alford Quilt Designs and as DAQD and includes any of our employees, agents, partners, and contractors.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damage of any kind, including but not limited to any loss of profit, salary, revenue, savings, data, enjoyment, virus to systems, goodwill, downtime costs, loss or damage to reputation, personal injury, death, negligence, trespass, property damage and legal costs.
Moral Rights means all moral rights as defined under the Copyright Act 1968 (Cth).
Products means any product available through Our Website, and includes any quilt patterns, and templates whether digital or physical copies.
Website means debbiealfordquiltdesigns.com.au, and everything available on this website including, but not limited to, all Products and any services.