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Misty Dreamz - Lavender Cottage
Misty Dreamz - Lavender Cottage
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Terms and Conditions Terms and Conditions
Terms/Conditions/Ordering Info
TERMS/CONDITIONS/ORDERING INFO

About These Terms And Conditions

In these Terms and Conditions "we" and "us" mean Picture Perfect Needlecrafts of 1 The Cotswolds, Sunbury, VIC 3429 Australia, and "you" means you the customer.

These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.


Legal Capacity To Transact

If you are under the age eighteen (18) years you can not place orders with Picture Perfect Needlecrafts

By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.

Should Picture Perfect Needlecrafts suffer any damage or other losses as a result of a transaction entered into by a minor, Picture Perfect Needlecrafts reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Picture Perfect Needlecrafts


Placing Your Order

You may place an Order either by mail order (to print a Mail Order Form please click on "Mail Order Form" at the top of the shop page on www.pictureperfectnc.com.au and follow the instructions at the bottom of the form) OR by filling in the Order Form on the Picture Perfect Needlecrafts Web Site and clicking the "Submit My Order" button.  Postage costs (where applicable) will be added to your order value according to the method chosen.

By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.

Information contained on the Picture Perfect Needlecrafts website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however Picture Perfect Needlecrafts will make every effort to supply Products to you.

We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Picture Perfect Needlecrafts reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.

If we cannot process or accept your Order after payment is received we will contact you by email or telephone.


Payment Methods And Processing

Picture Perfect Needlecrafts currently accepts PayPal, Australian Money order or Australian cheques (made payable to S. Borg - please refer to our Mail Order Form for instructions on how to place a Mail Order order).

Payment processing will not begin until we receive all the information we need.

Orders paid for by cheque will be processed once funds have been cleared.

Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.

Business days are Monday through Friday, excluding VIC Public holidays.

We process PayPal payments after you click the "Submit My Order" button.

For PayPal payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.

Please Note:

  • We are unable to accept any credit card payments at the moment except when using Paypal.
  • You may be required to provide further identification for additional security reference checks.
  • If your PayPal payment is funded by an echeque this may substantially delay processing your Order while payment clears.

GST

Picture Perfect Needlecraft purchases include GST unless otherwise stated on a Product listing.


Prices

Picture Perfect Needlecrafts always seeks to list Products with the most competitive prices.

Picture Perfect Needlecrafts reserves the right to change prices for Products displayed at Picture Perfect Needlecrafts at any time.


Delivery Of Your Products

Delivery time takes up to 14 working days from the date your payment is received. If you choose to collect your products please contact us prior to collection to arrange a suitable time. Please note that goods will not be released until payments have been made in full.

In all instances estimated delivery times will be displayed at the check out for your product.

Picture Perfect Needlecrafts makes every effort to deliver your product according to the estimated delivery times provided by Picture Perfect Needlecrafts at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.

Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your product has not arrived after the estimated delivery time, please contact us here

We encourage you to visit the "Your Account" section on our website to view the delivery status of your Products.

Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post ) will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.

We will use our reasonable efforts to deliver your products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.

Title and risk of loss to all products will pass to you on delivery. Picture Perfect Needlecrafts will not be responsible for any items lost in the post (sending or returning).


Your Rights To Return A Product

No refunds, credit or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an order.

Product Problems After Delivery

If your item arrives DOA (Dead On Arrival) a valid claim is received by Customer Service within 7 days of delivery, Picture Perfect Needlecrafts will exchange the product where possible, or refund you the purchase price of the product. Should you contact us outside the 7 day period customer service management will consider each claim on a case by case basis on its merits.

Where we agree to replace the product or refund you the purchase price of the product, you must first return the defective product to us. You will be obliged to pay for the return of the product.

We will make arrangements with you for the return of the product.

The delivery time for replacing the product will be the same as stated for the original product.

Return Authorisation Number - A Must Have

A Return Authorisation Number (RAN) is required for both replacement products and refunds.

Where Customer Service has provisionally determined that a product is DOA, Customer Service will issue you with a RAN. Products can not be returned without a RAN. The Product should be returned to Picture Perfect Needlecrafts within 14 calendar days of the issuance of the RAN. All products must be packed in the original, unmarked packaging including any documentation that shipped with the product.

When a Replacement Product is arranged:

  • A replacement for the same Product that you ordered will be shipped to you after we have received your returned DOA Product.
  • The delivery time for the replacement product will be the same as stated for the original DOA product.
  • Replacement products are provided with the same Limited Warranty as the DOA product.

When a Refund is arranged:

  • Refunds exclude all shipping and associated costs for the DOA product.
  • No refund will be given to you until Picture Perfect Needlecrafts has received the DOA product from you.
  • Refunds methods will be discussed with you prior to being issued or as a credit to "Your Account" with Picture Perfect Needlecrafts. Where a credit is organised for "Your Account" you have the option of cashing-out "Your Account" at any time.

Our Liability

We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.


Your Data - Use And Protection

By placing your order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your order. If you so indicate on the appropriate section of your Order Form, by placing your order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Picture Perfect Needlecrafts Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Picture Perfect Needlecrafts Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.


General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Picture Perfect Needlecrafts. Any unauthorized assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Picture Perfect Needlecrafts for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Picture Perfect Needlecrafts, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

Picture Perfect Needlecrafts reserves the right to change the Terms and Conditions of sale at any time.

No Picture Perfect Needlecrafts employee or agent has the authority to vary any of the Terms and Conditions governing any sale.


Force Majeure

Picture Perfect Needlecrafts shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Picture Perfect Needlecrafts, and Picture Perfect Needlecrafts shall be entitled to a reasonable extension of time for the performance of such obligations.


Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.





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Thursday 11 March, 2010

2610375 requests since Monday 04 December, 2006

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