Terms of Use

Last Updated: 31 October 2023

1. Acceptance of Terms

Welcome to THE FRAMERY PTY LTD (“we,” “us,” “our,” or “THE FRAMERY”. By accessing and using our website, you agree to be bound by the terms and conditions of this “Terms of Use” agreement. If you do not agree with these terms, please refrain from using our website and services.

2. Access and Use of the Website

You are solely responsible for all activities conducted through your account.

We reserve the right to refuse service, terminate accounts, or remove or edit content at our discretion.

3. User Content

Users may have the opportunity to submit content to our website, such as reviews, comments, and other materials. You are solely responsible for any content you submit and its accuracy.

We have the right to remove or edit any user content that violates our policies or is deemed inappropriate.

4. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of THE FRAMERY and is protected by copyright and other intellectual property laws.

You may not use our content without our explicit permission.

4.1 Ownership and Copyright of Your Piece

Materials submitted by you, including artwork, photographs, images, text, and graphics (collectively, “Your Piece”) remain your property. We will not reproduce your work.

You warrant and guarantee that you own or possess all necessary rights to Your Piece, ensuring they do not infringe upon copyrights, trade secrets, or other intellectual property rights of third parties, and that they are not unlawful or objectionable.

4.2 Copyright ‘fair use’

In accordance with Section 107 of the Copyright Act, THE FRAMERY may showcase Your Piece on our social media platforms to highlight the quality of our framing services. This includes sharing photographs of framed pieces that may contain copyrighted content belonging to someone else.

We want to emphasize that no copyright infringement is intended, and we fully acknowledge that we do not own or make any claims to own the original images featured in the framed works.

If you prefer that your framed piece not be featured on our social channels, please contact us.

5. Orders

5.1 Returning Piece and Order Cancellation

You will return Your Piece using the packaging materials provided and following the delivery instructions available on our website. In the event that we do not receive Your Piece within one hundred (100) days from the order date, you may request to cancel your Order via email. Upon approval of your cancellation request, we will refund the total payment for your Order, except for a $25.00 shipping and handling fee.

If, for a reason that is reasonably within our control, THE FRAMERY is unable to fulfill your Order, we will promptly return Your Piece and refund any payments you have made.

We reserve the right to not frame any piece if we believe it is inappropriate or offensive. This includes, but is not limited to, hateful and offensive language, symbols or objects.

5.2 Your Piece insurance

In the rare event that Your Piece is lost or damaged, THE FRAMERY offers the following recourse. We will:

  1. Replace Your Piece (up to $1,000), if feasible; or
  2. Provide reimbursement (up to $1,000) if replacement is unavailable.

To process any insurance claim THE FRAMERY will require:

  1. Proof of acceptance of delivery from Australia Post through a tracking receipt; and
  2. Proof of value of Your Piece, this can be provided through an invoice/receipt of purchase; or
  3. Where an invoice is unavailable, an official appraisal and certificate of authenticity for Your Piece will be required.

In the circumstance where there is no proof of purchase or proof of value available, we will make a payment to you at our discretion, up to $150 per frame.

6. Pricing, Product Accuracy, and Order Changes

6.1 Product Display and Colours

We strive to represent our Products and their colours as accurately as possible. However, the actual colours may vary depending on your monitor, and we cannot guarantee a precise match between the displayed and actual colours. Natural wood frames have a natural and unavoidable level of variation, which includes but is not limited to visible sap veins, knots, and other naturally occurring features. By selecting to purchase any natural wood frame, you acknowledge that said frame may contain natural variations, which is not a defect in the product. If you want to avoid the possibility of your frame having natural variations, do not purchase a natural wood frame.

6.2 Piece Compatibility

If you submit Your Piece and we find that the Product you ordered isn’t suitable, we will contact you to discuss changing your Order to a different Product. If you choose to modify your Order, the price may be adjusted accordingly. By approving such changes, you authorize us to charge your payment method for the updated Order. In the event Your Piece is not suitable for framing, we will return Your Piece and provide a refund less shipping and handling costs.

7. Privacy

Our Privacy Policy governs the collection and use of your personal information. Please review our Privacy Policy to understand how we collect, use, and protect your data.

8. Disclaimers and Limitation of Liability

Our Website, along with all content, products, and services offered through our Website, are provided “with all faults” and on as “as is” and “as available” basis, unless otherwise stated in writing.

We are not liable for any direct, indirect, incidental, or consequential damages arising from the use of our Website or Products.

9. Links to Third-Party Websites

Our Website may contain links to third-party websites for your convenience. We do not endorse or have any control over these websites.
We are not responsible for the content, products, or services on third-party websites.

10. Changes to Terms

We reserve the right to update, modify, or revise these terms at any time. The most current version will be posted on our Website.
Your continued use of our Website after such changes constitutes your acceptance of the updated terms.

11. Governing Law

This agreement is governed by the laws of Australia.

Any disputes will be subject to the exclusive jurisdiction of the courts in New South Wales.

12. Contact Information

If you have any questions or concerns about these terms, please contact us at:

The Framery
help@theframery.au
Parcel Collect 10284 20224
256 Bronte Road
Waverley NSW 2024
Australia

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