Terms of service

OVERVIEW

This website is operated by Framebird. Throughout the site, the terms “we”, “us” and “our” refer to Framebird. Framebird 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.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which a merchant (the Merchant) shall supply goods (Goods) to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to Framebird. These terms tell you how the Goods will be provided to you, how you may end the contract and other important information.

2. INFORMATION ABOUT THE MERCHANT AND HOW TO GET IN TOUCH

2.1 The Merchant. The legal contract for the supply of the Goods is entered into between you and the Merchant. The Merchant is responsible for supplying the Goods to you.

2.2 Contact. If you have a question or need any assistance you should contact Framebird, in the first instance. You can write to Framebird at hello@frame-bird.com

2.3 How Framebird may contact you. If Framebird needs to contact you they will do so by telephone or by writing to you at the email address or postal address you provided in your order.

2.4 "Writing" includes emails. When the words "writing" or "written" are used in these terms, this includes emails.

3. THE MERCHANT'S CONTRACT WITH YOU

3.1 How your order will be accepted. Acceptance of your order will take place when Framebird email you to accept and confirm it, at which point a contract will come into existence between you and the Merchant for the supply by the Merchant to you of the Goods (Contract).

3.2 If the Merchant can’t supply the Goods. If the Merchant is unable to supply you with the Goods, for example because the Goods are not in stock or no longer available, the Merchant will inform you of this by email. Framebird will refund you the full amount including any delivery costs charged as soon as possible.

3.3 Your legal rights. The Merchant is under a legal duty to supply Goods that are in conformity with the Contract.

3.4 Your order number. Framebird will assign an order number to your order and Framebird will tell you what it is when it accepts and confirms your order. It will help us if you can quote the order number whenever you contact us about your order.

4. GOODS

4.1 Goods may vary slightly from their pictures. The images of the Goods on Framebird's website are for illustrative purposes only. Your Goods may vary slightly from those images.

4.2 Goods packaging may vary. The packaging of the Goods may vary from that shown in images on Framebird’s website.

5. DELIVERY

5.1 Delivery costs. Where standard delivery is selected, the costs of delivery of the Goods will be as displayed on Framebird's website. Delivery charges may be higher if express delivery is selected.

5.2 When will Framebird deliver the Goods. We will endeavour to process your order as quickly as possible. If you select the Skip the Queue option then our artists will begin working on your portrait as a matter of priority.

5.3 The Merchant shall ensure that the Goods are properly packed, stored and secured in such manner as to enable them to reach you in good condition.

5.4 The Merchant shall deliver or arrange for the Goods to be delivered:

(a) to the address set out in the email Framebird sends you when it accepts and confirms your order, or to such other address as you may notify Framebird or the Merchant prior to delivery;

(b) at such time and date as is set out in the email accepting and confirming your order.

5.5 Framebird is not responsible for delays outside its control. If the supply of the Goods is delayed by an event outside its control then Framebird will contact you as soon as possible to let you know and take steps to minimise the effect of the delay. Provided Framebird does this it will not be liable for delays caused by the event, but if there is a risk of significant delay (a delay of more than 5 days) you may contact Framebird to end the Contract and receive a refund for any Goods you have paid for but not received.

5.6 If the recipient is not at home when the Goods are delivered. If no one is available to take delivery of the Goods, Framebird will either leave the Goods with a neighbour or outside the recipient’s front door.

5.7 When you become responsible for the Goods. The Goods will be your responsibility from the time the Merchant delivers the Goods to the address you supplied when you placed the order.

5.8 When you own the Goods. You own the Goods once Framebird has received payment in full for them.

6. YOUR RIGHTS TO END THE CONTRACT

6.1 You may be able to end your Contract with Framebird. Your right to end the Contract will depend on whether there is anything wrong with the Goods, how the Merchant is performing and when you decide to end the Contract. These are the circumstances in which you can end the Contract:

(a) If the Goods are not of satisfactory quality or mis-described you may have a legal right to end the contract (or to get the Goods replaced or to get some or all of your money back).

(b) Framebird has told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed.

(d) You have a legal right to end the contract because of something Framebird has done wrong.

6.2 No right to change your mind once your order has been accepted. You do not have a legal right to change your mind and receive a refund once your order has been accepted by Framebird as you have purchased custom goods.

6.3 Tell Framebird you want to end the Contract. To end the Contract with the Merchant under clause 6.1, please let Framebird know by email. You can email Framebird at hello@frame-bird.com. Please provide your name, home address, details of the order, reason for cancellation and, where available, your phone number and email address.

6.4 What happens if you end the Contract under clause 6.1. If the Contract is ended under clause 6.1, Framebird will refund you the price you paid for the Goods including delivery costs, by the method you used for payment.

6.5 When your refund will be made. Framebird will make any refunds due to you as soon as possible. Please note it may take up to 7 working days for a refund to be processed.

7. PRICE AND PAYMENT

7.1 Where to find the price of the Goods. The price of the Goods (which includes GST and delivery costs where standard delivery is selected) will be the price indicated on the relevant order page of Framebird's website when you placed your order. Where express delivery is selected, the price of the Goods (which includes GST) and the delivery cost will be indicated on the relevant order page of Framebird's website when you placed your order. Framebird takes all reasonable care to ensure that the price of the Goods advised to you is correct. However please see clause 7.3 if Framebird discovers an error in the price of the Goods you order.

7.2 Framebird will pass on changes in the rate of GST. If the rate of GST changes between your order date and the date the Merchant supplies the Goods, Framebird will adjust the rate of GST that you pay, unless you have already paid for the Goods in full before the change in the rate of GST takes effect.

7.3 What happens if Framebird got the price wrong. It is always possible that, despite Framebird's best efforts, some of the Goods Framebird displays for sale on its website may be incorrectly priced. If the Goods' correct price at your order date is higher than the price stated to you, Framebird will contact you for your instructions before your order is accepted. In these circumstances, you may have the right to end the Contract under clause 6.1.

7.4 When you must pay and how you must pay. Framebird accepts payment with PayPal, Visa, JCB, Mastercard and American Express. You must pay for the Goods before the Merchant dispatches them.

8. THE MERCHANT'S RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

8.1 The Merchant is responsible to you for foreseeable loss and damage caused by it. If the Merchant fails to comply with these terms, it is responsible for loss or damage you suffer that is a foreseeable result of it breaching this Contract or failing to use reasonable care and skill, but it is not responsible for any loss or damage that is not foreseeable.

8.2 The Merchant does not exclude or limit in any way its liability to you where it would be unlawful to do so.

8.3 The Merchant is not liable for business losses. The Merchant only supplies the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose the Merchant will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9. HOW THE MERCHANT MAY USE YOUR PERSONAL INFORMATION

9.1 The Merchant will use the personal information you provide to Framebird to supply the Goods to you.

9.2 The Merchant will only give your personal information to other third parties where the law either requires or allows it to do so.

10. OTHER IMPORTANT TERMS

10.1 The Merchant may transfer this agreement to someone else. The Merchant may transfer its rights and obligations under the Contract to another organisation.

10.2 You need the Merchant’s consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if the Merchant agrees to this in writing.

10.3 Even if the Merchant delays in enforcing this contract, it can still enforce it later. If the Merchant does not insist immediately that you do anything you are required to do under these terms, or if it delays in taking steps against you in respect of your breaching this Contract, that will not mean that you do not have to do those things and it will not prevent the Merchant taking steps against you at a later date.

10.4 User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) 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.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

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 libelous 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.

10.5 Which laws apply to this contract and where you may bring legal proceedings. These terms and the Contract are governed by Australian law and you can bring legal proceedings in respect of the Goods in the Australian courts.