Terms of Services
Standard Terms and Conditions
These terms and conditions of use are part of the yarnia.com.au website. They include the purchase terms and conditions and online policies set forth below, the yarnia.com.au privacy policy, and our terms for workshop participation, artist exhibition, sale and commission, VIP Membership, customer accounts, novelty and celebration cakes and our corporate rewards program. Please read these terms carefully. They govern your use of the yarnia.com.au website and your purchase of products and services both from this website and in store. They exempt Yarnia and other persons from liability or limit their liability, and contain other important provisions.
1. Your acceptance and agreement to these terms
These Terms are an agreement between you (or any entity you represent) and Yarnia ABN 94 313 942 731 ("Yarnia" or "we"). They govern your access to and use of Yarnia's yarnia.com.au website (the "Website") and store (the "Store"). These Terms also may refer to and benefit Yarnia's affiliates, service providers, suppliers and other persons. Each time you use our Website or purchase in Store you have agreed to be bound by these Terms as they then read. You represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and any person or entity you claim to represent. If you do not agree with these Terms, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations.
2. Changes to these terms; termination
We may change these Terms from time to time by posting revised Terms on the Website. Your use of the Website after these revised Terms have been posted signifies your acceptance and agreement to be bound by the revised Terms. Yarnia may in its discretion at any time immediately terminate, temporarily or permanently, these Terms or your permission to access and use the Website.
3. Ownership; your use of the website
The Website (including all content, graphics, and other intellectual property and elements incorporated into the Website) is the property of Yarnia and/or others, and is protected by Australian copyright, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website may not be used for unlawful or commercial purposes; it is for your lawful, personal use only. You may use the Website only as expressly permitted in these Terms and subject to all applicable laws. The Website and its content may not be copied, reproduced, modified or distributed in any way without the express prior written consent of Yarnia. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with these Terms. You may use the Website only if you are a resident of Australia, have reached the age of 15 and you can form legally binding contracts under applicable law. We ship products only to addresses in Australia.
4. Accuracy of information you provide to Yarnia
All information you provide to Yarnia through this Website, including registration information, payment information, and transaction-related information, must be true, accurate and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Yarnia or any other person may incur as a result of you providing any false, incorrect or incomplete information, or if you fail to update your registration information and payment information within 30 days of any change.
5. Trademarks/Logos
The artrageousart.com.au logo and other names and logos that are used on our Website (the "Marks") are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Yarnia or their respective owners or licensees. Any use of the Marks (other than as permitted by these Terms) is prohibited. Nothing in this Website shall grant, or is intended to grant, any license or right to use any of the Marks.
6. No linking, framing, mirroring, scraping, data-mining or unauthorized postings
Linking to the Website without the prior written permission of Yarnia is prohibited. If you desire to link to our Website, you may send an email to michael@artrageousart.com.au requesting such permission. Yarnia may in its discretion deny or revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments or any other information of any kind to or on the Website that would be visible to any other users, except in connection with the use of Yarnia forums or other Website locations intended for such comments and hosted by Yarnia.
7. Contests
Yarnia regularly run competitions intended for Australian residents only. The competition shall be on the following terms and conditions which, by participating, all participants acknowledge that they understand and agree:
• The promotion period is limited only to the entry open dates and closure dates noted in each promotion.
• The region of the competition is Australia and is open to all eligible customers located in this area.
• To enter, participants are required to email their unique promotional code to the nominated email address provided by Yarnia.
• Winners when drawn will be advised by email as well as mail correspondence. Results will also be published on the Yarnia website http://www.yarnia.com.au
• The draw will involve one entry being selected at random by one of Yarnia's affiliates or partners.
• Debbie McKenzie (Yarnia Director) will oversee the Draw and ensure it is conducted in accordance with these terms and conditions.
• Yarnia will co-operate with the Winner to determine the best method of delivering the Prize.
• The nature of the competition is a lottery with no element of skill involved. Every Entry has equal chance of winning.
• Entrants are eligible for unlimited entries so long as they comply with the terms of the promotion.
• Any entries from sales which are cancelled within the Promotional Period will be withdrawn from the Draw.
• In the event of a dispute involving any aspect of this competition, Yarnia will make a decision which will be final and binding.
• Staff of Yarnia will be ineligible for entry.
• Please note that Yarnia will not be responsible for any issues or costs associated with accessing the internet for the purpose of entering the competition, nor will Yarnia be responsible for any issues or costs associated with use of the prize.
8. Disclaimer
You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. This site and its contents are provided to you on "as is" basis, the site may contain errors, faults and inaccuracies and may not be complete and current. Yarnia makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws. Neither Yarnia, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.
9. Spam
We will never knowingly send you electronic messages without your consent.
10. Privacy Policy
Yarnia are committed to respecting your privacy. The following Privacy Policy outlines that commitment. By using this site, you are accepting the practices described in this Privacy Policy. Yarnia is bound by the Privacy Act 1988 and the National Privacy Principles set by the Federal Privacy Commissioner. For more information, visit www.privacy.gov.au
10.1 Collection of personal information
Yarnia do not collect personal information except in the case of personal information required to be retained for membership or newsletter subscription, and even then is limited to title, name, phone number and or email address. Specifically, Yarnia use your personal information to complete a transaction, or to expedite your query or customer service issue.
10.2 Use and disclosure of personal information
We will only send personal information about you to other organisations when:
We have your consent to share the information
We need to share your information in order to provide the product or service you have requested
We are required or authorised by law to disclose the information
Such information remains under Yarnia's custodianship at all times and the agents involved are bound by specific confidentiality and non-disclosure agreements.
10.3 Security Policy
Your online purchase is subject to Shopify's own security. Yarnia is committed to ensuring the security of your personal information and we will take all reasonable precaution to protect this information from loss, misuse or alteration.
This Privacy Policy is subject to change at any time for any reason. Yarnia will endeavour to update this Privacy Policy in a timely manner.
11. Links to other websites/resources
Our Website may include links to other Internet websites or resources, and to businesses operated by other persons. These other websites are not operated or controlled by Yarnia. Accordingly, Yarnia is not responsible for, and will have no liability for, these other websites, their business, goods, services, or content. If you link to or use any of these other websites, your dealings with the owners or operators of these websites is at your own risk, and you agree that you will not make any claim against Yarnia arising from your use of any of these other websites.
12. Governing law and dispute resolution
These Terms, your access to and use of the Website, and all related matters are governed solely by the laws of New South Wales, Australia and applicable federal laws of Australia. Any dispute between you and Yarnia or any other person arising from, connected with or relating to the Website, these Terms, or any related matters (collectively "Disputes") will be resolved before the Courts of New South Wales, sitting in Sydney, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
13. Other matters
All prices are in Australian Dollars. If any provision of these Terms is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms and the remaining provisions will continue in full force and effect. These Terms ensure to the benefit of and are binding upon each of Yarnia's and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign any rights or obligations that you have under these Terms. Yarnia may assign its rights and obligations under these Terms without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms will be:
(a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or
(b) effective unless in writing and signed by all parties.
Any rights not expressly granted by these Terms are reserved to Yarnia.
14. Yarnia Contact Information
You may contact Yarnia by phone or email:
Yarnia
ABN 94 313 942 731
Telephone: 0405 528 480
debbie@yarnia.com.au
15. Purchase terms and conditions – these terms and conditions are part of the terms and conditions of use.
15.1 Shipping
A standard Handling & Delivery Fee of $15.00 is charged on all orders. We use Australia Post and Fastway Couriers for all national delivery. Delivery is available to all states in Australia for both Metropolitan and Regional areas. For express delivery, please email your order to deb@artrageousart.com.au. Standard delivery to anywhere in Australia is 3 to 5 days from the order date. Express delivery to anywhere in Australia is up to 3 days from the order date. A signature is required for deliveries. Please ensure that you or someone authorised is present to accept delivery. In the event that no one is available to accept the delivery, the delivery agent will leave a card in your letterbox with details to arrange pick-up at your local Australia Post Retail outlet.
15.2 Acceptance of orders
We may limit quantities available for sale or sold, and we reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If the price of any product you order was incorrectly displayed on our Website, we will provide you with an opportunity to place an order at the correct price assuming such product is available. Advertisements on our Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. Your properly completed and delivered order information constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted upon submission of your order and forms a legally binding contract with Yarnia, which operates yarnia.com.au. Our online purchase is subject to Shopify's own security. Yarnia is committed to ensuring the security of your personal information and we will take all reasonable precaution to protect this information from loss, misuse or alteration.
Orders that cannot be filled at the same time, i.e., preorder or backorder products, will be treated as separate orders. If an order cannot be filled because the product is not available for shipment, customer service will notify you and you will be given the option to change, cancel the order or wait for the missing stock to be shipped. If you wish to cancel an order, you may request a cancellation by calling 02 9875 2813. However, if we are not able to receive and process your cancellation request before we accept and ship your order, your cancellation request may not be effective. It is a requirement that all orders intended for delivery within Australia be placed from within Australia. If an order is placed outside of Australia or is placed using a credit card with a billing address outside of Australia then it is considered an overseas transaction. We retain the right to either approve or deny any overseas transaction at our discretion. All orders placed undergo an internal order verification process. During this process an order may be approved or denied at our discretion.
16. Online policies – These policies apply to online sales transactions and are part of the Terms and Conditions of Use
16.1 Methods of payment
You can pay for any purchase you make online by using your MasterCard or VISA card, provided it was issued in Australia. You may also make a bank deposit to our account, details provided at Order Confirmation.
16.2 Delivery
Delivery is subject to warehouse availability. Back-Order items will be shipped as soon as possible, upon arrival from the manufacturer/publisher. Please take shipping time into consideration.
17. Consumer Guarantees
If you believe an item is faulty, you may have rights to a remedy under the Australian Consumer Law. These rights are not impacted by the change of mind policy or limited by a defined timeframe. However the Australian Consumer Law does recognise that the relevant time period may vary by product (or service) depending on the nature of the goods (or service), the price paid and any representations made about the goods (or service).
Where you believe an item is faulty, it may be necessary for us to send your goods to the manufacturer or their service agent for it to be assessed within a reasonable period of time. If there is a major failure with the item, you may choose a refund, exchange or repair. If the failure is minor, we may repair the item (or, at our discretion, we may replace the item) within a reasonable time. Where an item is damaged through misuse or abnormal use, Yarnia cannot provide a refund, exchange or repair, whether the fault is identified by Yarnia, the manufacturer or their service agent. Yarnia will require satisfactory proof of purchase before providing a remedy under the Australian Consumer Law.
17.1 Change of mind
If you have simply changed your mind and you are able to provide a valid receipt, Yarnia may offer you an exchange or refund provided that the merchandise:
• is in saleable condition
• is unworn or unused with all original packaging and content included
• is not subject to the exclusions listed below
and the exchange or refund is sought within 7 days of purchase. At times throughout the year, Yarnia may extend the 7 day period to allow for gift giving periods such as Christmas.
If you are unable to provide a valid receipt and/or 7 days has passed since the original purchase date, Yarnia at its absolute discretion reserves the right not to offer an exchange or refund for change of mind. In such cases, Yarnia may, at its absolute discretion, provide you with an exchange to the current value of the merchandise.
Yarnia is not required to provide you with a copy of your original receipt to facilitate an exchange, refund, insurance or warranty claim.
17.2 Exclusions
Please choose carefully when purchasing the following merchandise as change of mind returns will not be provided on Gift Cards, promotional, membership or discount cards, or other products identified to conflict with Australian Consumer Law and at the complete discretion of Yarnia
18. Workshops
You agree that You will not hold Yarnia liable for any personal injury, property damage or loss of insurance. You agree to release and hold harmless Yarnia from all liability incurred as a result of Your participation in the knitters workshop and that these terms serve as a release for Yourself, volunteers, property owners and members of Your family.
18.1 Child Permission and Waiver
Drop off and Pick up MUST align with the workshop schedule. There will be a charge of $5 for every 15 minute block following workshop completion.
Workshop activities, including but not limited to paints, glues, pastels, chalk pastels, pencils, wood/plaster tools, fibre (yarn/fabric/papers), wax, plastic bags, batik dye, incense, plaster, drawing and sculpting. Artrageous Art takes all possible precautions to reduce risk and provide safe, healthy, and enjoyable experiences. You warrant that Your child is able to follow directions for all activities in the workshop. You acknowledge that risks from participation in workshop activities exist and that You have allowed Your child to attend the art workshop knowing these risks and their possible consequences including personal injury.
Waiver and Release of Liability: As a parent or guardian of Your child, You agree that You will not hold Yarnia liable for any personal injury, property damage or loss of insurance. You agree to release and hold harmless Yarnia from all liability incurred as a result of Your child’s participation in the art workshop and that these terms serve as a release for Yourself, volunteers, property owners and members of Your family.
19. Exhibition and sale of artists works
The "artist" desires to leave objects of fine art with Yarnia to be displayed and sold for a period of four weeks from the date of signing below. Extension of this period will be arranged with Yarnia in writing, and subject to this waiver and release of liability. Both parties understand, as evidenced by signing this waiver and release of liability, that Yarnia shall not be held accountable for any loss or damage due to circumstances beyond the control of Yarnia, its volunteers, employees, and designated representatives. These include, but are not limited to: theft, fire, acts of God, including flood, damages caused by the artist or his/her agent in setting up or taking down art objects at the Yarnia place of trade, or criminal acts of third parties. The "artist" further understands that Yarnia does not insure the objects of fine art to be displayed and sold. The "artist" may choose to acquire their own insurance, but must submit a copy to Yarnia. The "artist" hereby agrees to indemnify Yarnia, its volunteers, employees, and designated representatives, harmless from any type of intellectual property infringement, including but not limited to patent, copyright or trademark infringement. The "artist" hereby represents and warrants that he/she has read this Waiver and Release of Liability in its entirety and fully understand its contents. The "artist" has signed the waiver voluntarily of his/her free will. By signing this waiver, the "artist" releases and holds harmless Yarnia, its volunteers, employees, and designated representatives from and against all claims of injury or damages relating to the above provisions. The "artist" also grants permission for Yarnia to sell his/her artworks where an agreement to sell has been made. The "artist" further agrees to grant Yarnia a 20% commission for the sale of his/her artworks, with 80% of the sale price to be paid to the artist within 7-10 days. The signing of the submission form to exhibit and sell artworks on behalf of the "artist" constitutes a legally binding contract with Yarnia.
20. VIP Membership
The VIP Membership card entitles the holder to 10% off art supplies only, and cannot be redeemed via use of this website. Use of the VIP Membership card can be made in store, or over the phone or email (the cardholders unique membership number MUST be quoted for the transaction and subsequent discount to be deemed valid). Yarnia in their complete discretion and governed by Australian Consumer Law, may refuse the use of any discount card for any reason. Use of the VIP Membership card may not be redeemed for items already marked for discount, artworks on display or otherwise and available for sale, or workshops, parties and other events. Use of the VIP Memberships is wholly governed by these Terms in their entirety.
21. Corporate Rewards
21.1 The accumulation of Points is subject to the Program Rules. Each Rewards Program Member is responsible for reading the Program Rules, newsletters, and Account statements in order to understand his or her rights, responsibilities, and status in the Rewards Program, as well as the structure for earning rewards ("Rewards", individually, a "Reward").
21.2 The Rewards structure is subject to modification, cancellation, or limitation at Yarnias discretion, with or without notice. The number of Points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, restrictions on any Reward or reward redemption ("Reward Redemption") may be imposed at any time, and any Reward selected is entirely subject to availability.
21.3 Yarnia and its partners have the right to change, limit, modify or cancel the Rewards Program Rules, Rewards and reward levels at any time, with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Rewards. Yarnia and its partners may, among other things:
a) withdraw, limit, modify or cancel any Reward;
b) change or cancel its partner Rewards.