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Terms of service

E-Commerce Terms & Conditions    
[last updated October 2022]

Welcome to Our Days in the Sun     
Welcome to our website. Using your images and words we create uniquely personalised prints to capture the essence of your memories  and express your reflections on loved family, friends, moments in time and significant events, as well as your love for the pet members of your family.  We refer to each of our prints as “Art with Soul” and we are delighted to assist you in creating lasting memories.

Definitions
When we talk about ‘we’, ‘us’, ‘ours’, ‘Our Days in the Sun’, or “Art with Soul”, we mean Our Days in the Sun,  ABN 85 117 909 638. You will find our further contact details below.
When we talk about ‘you’, ‘your’, ‘guest’, ‘customer’, ‘account holder’, we mean you, the person or business using our website, and when we refer to  ‘our website’ we mean all websites (including this) owned or operated by us, and including all forms of digital media and expression, for example, our social media pages and platforms, email communication with you, blogs, images we publish etc.
Reference to ‘our terms’, we mean these terms and conditions together with our Privacy Policy [insert link] and any other legal policies that we may publish on our website or provide you with.

Our details if you need to contact us: 

Our Days In The Sun  [ABN 85 117 909 638]
Location Brisbane, Queensland
contact us page
We welcome your enquiries and feedback, and endeavour to reply to you within twenty-four (24) hours.

Acceptance
By browsing our website, making an enquiry, or placing an order you agree that you are automatically bound by our terms. You do not need to sign our terms for them to be legally binding upon you. If you disagree with our terms, you acknowledge that your remedy is to stop using our website, products and services.

Updates
We may update our terms (including our privacy or other legal policies) from time to time. If we do, the updates apply from the date we make them. We have included a ‘last updated’ notification at the top of our terms to help you keep track of any changes, so please check back regularly to stay informed.


Privacy Policy
Privacy is important to us, and we take all reasonable steps to comply with Australian privacy laws.  Please take the time to read and understand our Privacy Policy, which tells you how we collect, store, and use your data.


Accounts
If you are placing an order with us, you will need to enter enough information for us to complete your order. You may, if we ask you to, need to create an account. If we ask you to create an account, there are important rules which are set out below:
a) you may need to select a username and password to access our full content, and unless we agree otherwise you need to be over 18 years of age (or under 18 years with parental consent) to create an account with us;
b) we may accept or reject your selected username or password at our sole discretion;
c) usernames and passwords are confidential and exclusive to you, please keep them safe and confidential, and please d) do not share them outside of the ordinary course of your business with us, which protects you and us;
your information must accurate, entered correctly and kept up to date by you.

By creating an account with us, you agree to accept electronic communications from us (you can unsubscribe at any time by contacting us on our contact us page and agree to tell us if you notice any suspicious activities associated with your account or our website.

Prices & GST
Prices (unless stated otherwise) are displayed in Australian (AUS) dollars and if GST (Goods and Services Tax, Australia) applies these prices will be displayed as GST inclusive. If we display alternative currency, we will do our best to indicate what taxes and levies we believe may apply to your purchase. You are liable for payment of GST (if it applies) and any additional, taxes, duties, tariffs, and levies, and all charges that might be added by any third party or incurred because of the transaction. Be aware that currency exchange rate fluctuations can occur and if you are purchasing online outside of Australia, using currency other than Australian dollars or purchasing via a bank or credit provider outside of Australia, we cannot predict this and cannot be held responsible. If there are additional charges, including those associated with currency conversion, credit card or bank charges, these are you sole responsibility to pay.

Advertised Prices
Prices that we advertise are subject to change at our discretion. If we make a change, it is effective immediately upon us posting the new price on our website/s. We may make changes also via email, our newsletter, members update, promotion (or the end of a promotion) or via our social media pages.  

Offers & Promotions
If we place an offer on our website, it is restricted to the terms and conditions that we will publish with that offer. If we offer a shipping promotion, it may apply only to selected goods and selected locations. We are not obliged to extend any promotion or to re-offer again.

Order Processing times
Upon receipt of cleared payment for your order, we will start designing your print. To begin our design, we will need your selected photographs or images and the words or text you wish to accompany these images. Our design process time is ordinarily 2-4 business days.

Payment Methods
The payment methods that we accept are displayed on our website/s. All products and services must be paid in full prior to despatch, collection, or provision. Until paid in full (cleared funds) we retain legal ownership.

Payment security
We use industry standard encryption to keep your personal information secure throughout the payment process. We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member's card is used fraudulently.

Your content
When we work with you, you will be asked to provide us with your chosen images and words. Your content is essential to creating your unique Art with Soul print. You expressly agree that:
a) images and words you send to us are non-confidential and non-proprietary;
b) they are owned by you, or you are licenced to use them;
c) we will not be held liable (and you will indemnify us) for all claims by you or any other person or business claiming ownership over any images or words you supply;
d) you warrant that you hold the necessary rights, interests, and permission to use the content you provide and that nothing in your contribution would harm any third-party ownership, intellectual property, copyright, or trade mark rights;
e) you expressly and irrevocably agree that you grant us a perpetual license to use, modify, adapt, reproduce, communicate in any way and to creatively build from or develop content from what you say (or images you send us); and  
f) you further grant us irrevocable, unrestricted, world-wide, perpetual, and royalty-free, sub-licensable and transferrable, license and right to use the content you supply for the purposes of providing services to you, undertaking our business functions now or in the future, and for us to use at our sole discretion (and free of any claim by you or anyone else for payment or royalties) any content for our own marketing, design, and advertising purposes.


We do not have to pay for your content, including all images and words, video’s, transcripts, designs, or other material that you supply or make available to us.


We can decide, at our sole discretion, to remove or disable your content if we believe your content to be in violation of our terms of use or policies and we are not obliged to return any of your content under any circumstances and will not do so.


We are not liable to pay you royalties of any nature and you expressly agree to indemnify us against any claims made for breach of intellectual property rights in respect of your content or that belonging to or any other person you provide us with images or information about. If you provide content to us, you are expressly telling us that we can use it, at any time and at our social discretion) and you agree not to seek any form of payment, royalties, credit, discount, reduction or damages from us arising out of content  you provide (or our use of it).

Product Quality
Optimal outcomes are achieved when high quality images with good photographic composition are given to us. Images that have been heavily cropped are difficult to work with and the end result is compromised when backgrounds are removed from heavily cropped images. Poor photo composition, ageing, storage or uplifting / downloading images from social media pages can also produce poor outcomes. We will talk to you if we encounter an issue.  

As a guide we need the following minimum standards met to produce optimal artwork:
• Jpeg or png file uploaded
• while we do accept low resolution screenshots, images lifted from social media websites and photos of old photographs and they usually still print nicely, for us to guarantee the sharpness and quality of your print the resolution of your image needs to be 300dpi. If you have any concerns on how your image may print please contact us before ordering.


Product Issues
Rarely you may encounter an issue or a fault with a product. We have excellent quality control but to err, is human. If we err, please tell us first and we will work with you and towards a solution. Misuse, or failure to act reasonably when caring for your product, as well as normal wear and tear are not an issue, fault, or error that we can be held responsible for. Sunlight, moisture and humidity can impact artwork. It is important that you keep the image out of direct sunlight, and away from excessive moisture and humidity to prolong the life of your artwork. We use quality inks and paper, however, we do not warrant or guarantee artwork that has been placed or kept under these conditions.

Delivery charges
Our goal is to get our products to you in the most affordable, fast, and secure manner reasonably available at the time of purchase. Delivery charges are usually based on size, weight, and destination. Unfortunately, at times delivery carrier charges can be unreasonably high. You will have an opportunity to accept or reject the estimated delivery charges before you complete your purchase. Our most current shipping prices will be applied to your order and displayed in our shopping cart for you to review, and accept, before you complete your order. Once you complete your order you are deemed to have accepted these charges in full, without deduction or refund. If you cancel your order, shipping and postage charges may still apply.

Within Australia
Our standard shipping is via Australia Post, and our current (general) charges, while subject to change or variation, are as follows:  
Registered standard post, with tracking (no priority) – flat fee of $10 AUD per print
Express Post, with tracking – flat fee of $15 AUD per print
Orders over $100 AUD – free shipping
We reserve the right to review and increase shipping charges from time to time. Unless we notify you otherwise, the shipping charge displayed at the time that you complete your order applies.

Outside of Australia
Shipping costs outside of Australia vary widely depending on the country or region to which the order is to be dispatched, and for this reason, are individually calculated based on the information that you provide to us when you place your order. If you disagree with these charges, do not proceed with your order placement, and please contact us to discuss your preferred delivered method.  Shipping charges will be calculated according to the information provided by you at the time that you place your Order. You will have an opportunity to review, and to either accept or reject, calculated shipping charges before you finalise your order.

Order Changes
If you ask to change an order (add product, remove product, change delivery address), and it is not too late to do so, we will do our best to fulfill your request. If we incur extra charges, we will need to pass these on to you.

Delivery delays
Delivery times can vary significantly and are subject to delays that are beyond our control. This has been highlighted by recent national and international COVID and severe weather event delays impacting Australia. If your delivery is urgent, tell us, and we will despatch it as fast as we possibly can. Express Post or urgent courier services will incur additional fees which we will pass on to you. Despite our best efforts we cannot guarantee that your desired delivery time will be met, as this is heavily dependent on the third party delivery service provider and sometimes the reality is that even the best providers disappoint. We are not liable for late or failed deliveries, loss or damage to goods or theft of products once despatched from our premises, and all risk in products passes to you when the products are despatched. We also do not accept responsibility for the security of products left unattended at your request, goods left unattended are at your sole risk.


Refunds & Returns
Unless additional warranties expressly appear on our product packaging or product literature, we warrant that each Our Days in the Sun product meets the applicable Our Days in the Sun product specification at the time that the product was designed and shipped. If a product does not conform to this warranty, then the sole and exclusive remedy, is at our absolute discretion, to supply parts, repair the product, replace or to refund the purchase price of the product. You must treat, assemble, and use our products as instructed and for the intended advertised purpose only. We are not responsible for any form of misuse or mistreatment of our products.

Without limitation of your rights under Australian Consumer Laws:
a) if the product is faulty and cannot be used for the advertised purpose, stop using the product immediately and contact us on our contact us page

if the product arrives damaged or with suspect damage, do not use the product and contact us on our contact us page with details of the delivery (time and date goods were delivery) and details of the damage (description of the carton damage and/or any internal damage to the product);
we may request that you return the goods to us and/or request that you email us with further information and photographs so that we can assess the claim;
we will not approve a claim or provide a remedy if you have negligently, recklessly, or intentionally misused, modified our product or packaging in any way or damaged our products or used our products for a purpose other than the intended advertised purpose (where this use leads to product damage).  

You must give us a reasonable opportunity to discuss and rectify or resolve any issue before you take any legal action. We consider that 14 days is a reasonable time for us to reply to you. Repairs may take longer than 14 days, and we will communicate with you during this process. You must also allow us reasonable time to undertake a repair or replace an item.

Change of Mind Returns
While we are not obliged to provide a refund, exchange or credit note for change of mind purchases, we do understand and want you to be completely satisfied with your purchase. If you are not satisfied, then we may offer you an exchange, credit note or refund at our discretion (including delivery and return shipping costs).

Gift Certificates & Credit Vouchers
In these terms, Gift Certificates, Gift Cards, Gift Vouchers and Credit Vouchers are collectively referred to as “Gift Certificates” and to the extent permitted by Australian Consumer and Credit law, the following terms apply:
• Gift Certificates issued by us will include the name of the recipient, the expiry date, and the date that the Gift Certificate has been issued and
• Gift Certificates can be issued for an amount of money or for a product or service provided by us.
To the extent allowed by Australian Consumer Law:
a) Gift Certificates must be redeemed in full by the stated Expiry Date;
b) Gift Certificates are not redeemable for cash or any other currency, product, or service  outside of the services that we provide;
c) with our prior written consent, at our sole discretion, we may allow;
• a transfer of the product or service for another product or service we offer at the time that the Gift Certificate is redeemed; and
• a transfer of the original Gift Certificate to another recipient (provided the Gift Certificate has not expired or been previously redeemed) and if we agree to do this, we will allow the new recipient to select the product or service offered by us at the time that the Gift Certificate is redeemed that best suit their needs.

Website & Shopping Cart Availability
Our website should be available at all times, this is our goal, although the efficiency of any digital service is in part reliant on third party service providers. For this reason, our website may become inaccessible from time to time, for example, due to website maintenance or because of suspected misuse. We are not liable for any loss or damage occasioned by our website being unavailable, misused or malfunctioning for any reason.

Links disclaimer
Our website may contain links to other websites, platforms, analytic or marketing tools or services (we call these ‘linked sites’). Linked sites are not under our control, and we are not responsible for the contents of any linked site or the information they collect. We are also not responsible for any form of transmission sent or received to or from any linked sites.
Links and linked sites are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators. We do not accept any responsibility for any interaction you may have with linked sites. You agree linked sites are external to us and beyond our control and responsibility, and that you will not hold us responsible for any loss or damage incurred.


Promoted or Affiliated Products and Services  
If we promote third party products or services via our website, it may be because they are affiliated with us. If this is the case we may receive a commission, sponsorship, or donation, or the third party may support us in some way. You must always make your own enquiries and judgement based on your personal circumstances before using or purchasing third party products or services.

Sales Disclaimer
The United Nations Conventions for the International Sale of Goods 1980 (Vienna Convention), is expressly excluded from the sale of products (goods) made via this website. We invest significant effort in ensuring that our website is accurate, although sometimes mistakes happen. If an error occurs, we will correct it. We may have to correct an error after you place your order. We will be fair, and we will communicate with you. If you find an error or anomaly before us, please let us know.

Copyright, Trademarks, and other Intellectual Property
We own the intellectual property rights in the contents of our website and social media pages or have permission to use or display material on our website. We also own our designs, art, framing, composition, word placement, creativity, marketing and advertising, and the art that we create. Our name, Our Days in the Sun, belongs to us, as do our copyright and trademarks. Our trademarks do not need to be registered to be owned by us and protected against infringement by others. Just because our intellectual property is publicly displayed does not mean you have our permission to use, copy or replicate any of our Intellectual Property. You must not use our intellectual property without our express written permission to do so. We invest in our creative ideas and processes and in the success of our business and we take action to protect our intellectual property rights.

No unlawful or prohibited use
As a condition of your use of our services including our website, you warrant that you will not use or misuse our intellectual property, designs, content, ideas, or our website or shopping cart for any purpose that is unlawful or prohibited by these terms of use.

You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party's use and enjoyment of this website. You agree not to hack into areas of this website that are not intentionally made available to you, and you expressly agree not to:
• engage in any internal or external spamming, or other similar actions
• engage in any unlawful or immoral acts, or acts which are in violation of these terms of use
• decompile, reverse engineer, or try to copy or imitate this website or underlying content
• you will not access, view, copy or download information unless authorised by us to do so, and you will not use our website as a lead generation tool for the benefit of your own business, or to manufacture “lists” to help your own business or any other person or business; and you must not copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part, except as expressly authorised in writing by us.

Permission to Use
You may only use our website, its content and the content of our social media for your own personal use and not for any commercial purpose. Sharing our content without our prior written permission is expressly prohibited.
Any content posted on our website by third parties are the responsibility of those third parties and may be subject to copyright. You must ask permission from the third party before using any of their content.
If you provide us with images, phrases, a story or other information, or your opinion, comment, feedback, or any other form of Testimonial or communication about your experience with us then you grant us a worldwide, exclusive, irrevocable, royalty-free licence to publish these items on our website and/or our social media platforms for our own business, marketing and advertising purposes.


Infringement of Intellectual Property Rights
If we believe you have infringed out intellectual property rights, we will contact you and ask you to stop. If you fail to do so or have caused harm or potential harm to our business, then we will enforce our legal rights against you.
If you believe there is material on our website that infringes third party intellectual property rights, please tell us immediately and provide us with sufficient information to enable us to determine who the owner of the intellectual property is.

If we form the reasonable belief that there has been an infringement, we will remove the infringing content from our website. Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us. As an Australian based business, we are not compelled to comply with the United States Digital Millennium Copyright Act 1988 (DMCA).

 

Product Ratings, Reviews & Testimonials  

We value the voice of our customers and welcome genuine feedback. You must be a verified purchaser to comment on our business, product, or services. We may take legal action to protect our reputation and business investment if non-genuine or defamatory comments are made, commented upon, published or shared in any way that are intended or cause harm to our business or reputation, including that of any of our employees. By submitting a rating, review, opinion, or testimonial you expressly agree that:  


a) what you say is genuine and not defamatory or intended to harm our business or reputation;
b) you are a genuine, verified purchaser of the product or service that you are commenting on;
c) if we have failed to meet your expectations that you will ALWAYS let us know by email or telephone communication before you submit a negative rating, review, opinion, or testimonial;
d) that you have taken steps to ensure that you have not confused our business or your experience with us, with any other business providing like or similar products or services.


The opinion you express may help or harm our business, and we reserve the right to investigate, verify any rating, review, opinion or testimonial and remove content we disagree with or that we deem to be harmful to us. We may moderate or reject any content we receive, and we review content posted about us on third party websites, such as Google Reviews. We may ask you to remove content that is untrue or harmful to us and if you refuse to do so, we may take legal action to protect our business.

Social Media

The purpose of our social media accounts is to inform and engage our customers. If you have suggestions or concerns, please let us know by contact us on our contact us page. Any information you post on social media becomes publicly available, subject to your account privacy settings. We recommend that you be mindful of what personal or other information you share on our social media pages as we are not, under any circumstances, liable for publicly available information. When you use or interact with us via our website, social media or any digital or online platform, we expect you to behave properly. This includes interacting with, commenting on or referring to our business, website, and our social media pages or any other person or business. We may remove people, posts, or comments from our social media pages if, in our sole discretion, we deem the material posted or the behaviour of that person to be inappropriate. We do not guarantee that we will monitor our social media pages and we are not responsible for any loss or damage you may suffer.

Website Security
We make industry standard efforts to maintain the security of our website and employ regular backups and scanning for security breaches. Despite this, we cannot guarantee that any site is impenetrable. We deny all liability for any unauthorised use or access of our site, content, and information. We are not responsible for computer viruses or technological problems that we do not intentionally cause or that are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Damage Event
A Damage Event is something that is outside of your and our control. We are not responsible for any delay or failing beyond our reasonable control. For example, severe weather events, natural disasters, flooding, fire, cyclones, and other events such as explosions, war, industrial action, pandemic restrictions, or the spread of disease across our business or business industry. Labour and material shortages, supply chain disruption, third party delivery disruption, error, or loss, together with third party acts or omissions, unforeseen delay in manufacturing or material availability, cyber breach, interruption to internet services, virus, hacking, software, hardware, or communication network failure are also outside of our control and are considered a Damage Event. You agree that any action we may have otherwise been expected to take (such as delivery of your print within an agreed timeframe) is suspended where a damage event occurs and that we are not liable for any form of loss, damage or harm that may arise.

Limitation of liability
We will not be liable to you or any other person for any damages whatsoever arising as a result of your use of our programs and or website in any way, subject to Australian Consumer Law.
Where warranties are implied by law, you acknowledge and agree that our total aggregate liability is limited at our discretion to the provision of our services again, or to a refund equal to the total amount paid by you for those products or services, even if that amount is zero.
This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of our website, products or services.

Indemnity
You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs and reasonable legal fees) related to:
• your use of any shopping cart, e-commence order placement or payment platform;
any content you post via our website or supplied by you to us;
• your authorised or unauthorised use or misuse of our website, including our social media;
• your authorised or unauthorised use or misuse of our products or services;
• your breach of our terms or policies.
• content you post via our website or supply to us.

This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of our terms, products, or services.

 
Validity
If any part of these terms of use or any other set of terms or legal policies belonging to us are found to be invalid or unenforceable by a court of law, it be deemed severed and will not affect the remainder of our terms which continue in full force and effect.
 
Severability
If for some reason a clause of these terms is unenforceable, the rest of the terms will continue unaffected, and that term will be severed.

Governing Law
These terms are governed by the laws of Queensland, Australia and you agree to be subject to the jurisdiction of the courts of Queensland if there was such a serious dispute between the parties.

Notices
You may provide notice to us through the contact page of our website or otherwise by contact us via our contact us page.

We may provide notice to you via email provided at the time of purchase, or by other electronic means.

Unauthorised Use
Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.  

Entire Agreement
Our terms together with our privacy policy and any other legal notices or agreements we link from our website, form the entire agreement between you and us in respect of your use of this website.

Feedback, comments, or complaints
If you are happy with us, please recommend us to others. We appreciate receiving testimonials, positive feedback, and wonderful ratings & reviews where we exceed your expectations. In the unlikely event that you encounter an issue, reach out to us on our contact us page.

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