Terms of Service
Overview
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This website is operated by Keepsakes to Crow About. Throughout the site, the terms “we”, “us” and “our” refer to Keepsakes to Crow About. Keepsakes to Crow About offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
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By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
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Our store is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
ONLINE STORE TERMS -
In order to use our website and/or receive our services, you must be at the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. A breach or violation of any of the Terms will result in an immediate termination of your Services.
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When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices we charge for using our services / for our products are listed on the website.
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While most of our products are custom-made to order, we also offer a selection of pre-made generic items on our website. For custom products, please anticipate a manufacturing duration of 1-2 weeks. Additionally, kindly allocate 2 weeks for processing time, in addition to the shipping method you have chosen.
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We would like to inform you that certain materials we utilise may not guarantee exact colour consistency. There might be minor variations in shades compared to what you see online, and this can be attributed to factors beyond our control. Our suppliers occasionally change their sourcing, resulting in these discrepancies. Please be aware that such variations are not our fault and are not indicative of any compromise in quality.
GENERAL TERMS -
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
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You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
REFUND POLICY -
Our products are meticulously crafted according to your individual preferences. Once an order is placed and paid for online, we regret to inform you that refunds and cancellations are not available. Please note that as our products are made from natural wood, there may be slight variations in colours and textures. Your purchase signifies your understanding of this aspect, and therefore, we cannot offer refunds for changes of mind.
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If you would like to make a complaint, please contact us by e-mail or by mail using the details provided under “Contact” above. If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority.
RETENTION OR RIGHT TO CHANGE OFFERING -
We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
RESPONSIBILITY FOR SERVICES AND PRODUCTS -
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
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We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
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We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
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We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION -
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
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The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
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These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
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If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS -
If, at our request, you send certain specific submissions or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
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You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION -
Your submission of personal information through our store is governed by our Privacy Policy.
ERROS, INACCURACIES AND OMISSIONS -
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
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We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS AND LOGOS. -
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Keepsakes to Crow About. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
INDEMNIFICATION -
You agree to indemnify and hold Keepsakes to Crow About harmless from any demands, loss, liability, claims or expenses, including attorneys’ fees, made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
LIMITATION OF LIABILITY -
To the maximum extent permitted by applicable law, in no event shall Keepsakes to Crow About, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
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To the maximum extent permitted by applicable law, Keepsakes to Crow About assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
RIGHT TO CHANGE AND MODIFY TERMS -
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
PROMOTIONAL EMAILS AND CONTENT -
You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
PREFERENCE OF LAW AND DISPUTE RESOLUTION -
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Australia, without respect to its conflict of laws principles.
CONTACT INFORMATION -
Any questions about the Terms of Service should be sent to us at keepsakestocrowabout@outlook.com
June 2024
