These terms and conditions are the contract between you and My Framed Story. By visiting or using Our Website, you agree to be bound by them.

We are: My Framed Story, a company registered in Australia, ABN 62313830839. You are: Anyone who uses Our Website

Please read this agreement carefully, and proceed purchasing our products only if you agree to these terms. The terms and conditions:

Interpretation

Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below.

A reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.

A reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.

The headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation. In the context of permission, “may not” in connection with an action of yours, means “must not”.

Any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.

In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated $70 per hour.

These terms and conditions apply to all supplies of Goods by us to you. They prevail over any terms proposed by you.

Our contract with you

This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. Each party acknowledges that, in entering into this agreement, they do not rely on any representation, warranty, information or document or other term not forming part of this agreement. 

If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available.

We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. 

The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.

If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.

Acceptance of your order

This paragraph applies to Goods which you buy from us as advertised, without change to your specific requirements.

Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. We will confirm details/customisation of your purchase, and once you have supplied sufficient content, that is when our contract is made. We will print and despatch your order only after final design/proof is approved in writing, by you.

At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.

If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

accept the alternatives we offer;

cancel all or part of your order.

Extra Work and approval of proof / sample

This paragraph applies to Specified Goods.

Our contract to supply Specified Goods is a contract for both the supply of Goods and the Extra Work you have asked us to do.

Nothing said or done by us is an acceptance of an order until we confirm clear acceptance in writing, giving you details of our understanding of your exact requirements. At any point up until then, we may decline your order without giving any reason. From that time, we are both bound to these contract terms.

Within 72 hours of entering into this contract (you supplying us with product text and imagery) we will submit a proof to you for approval.

If you wish to make any change to the specification of the Extra Work, you must pay us the sum we estimate that the change will cost us, based on our then current charging rates.

If you terminate this agreement before the Specified Goods are complete, you agree to pay us for all of the Extra Work to the date of cancellation by you. In addition you will pay us a mark-up of 30% of the total cost of Extra Work.

Prices

Prices of Goods are shown on Our Website.

It is possible that the price may have increased from that posted on Our Website. If that happens, we will not dispatch the Goods until you have confirmed that you wish to buy at the new price.

Payment

We will not split an order. We require the full price of your order before we will send any part of it.

Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you.

Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.

The price of the Goods may or may not include the delivery charge, as advertised on our website. If delivery charge is not included, it will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.

Security of your credit card

We take care to make Our Website safe for you to use.

Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

Delivery

We endeavour for your goods to be delivered within 15 days from the day you approve your final proof. Shipping times are not controlled by us. Australia post delivery times will vary, and the above timeframe is indicative. 

Delivery of Goods will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.

Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.

Goods are at your risk from the moment they are picked up by the carrier from us.

All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.

Signing "Unchecked", "Not Checked" or similar is not acceptable. 

If we agree with you to deliver by a particular day, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

Some Goods may be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer's delivery policy.

Some Goods are large and heavy and delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.

Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

We are happy for you to pick up Goods from our studio provided you make an appointment in advance and payment has been received into our bank.

If you pick up Goods from our premises then:

Goods are at your risk from the moment they are picked up by you or your Carrier from our studio;

you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.

Liability for subsequent defects

We will repair or replace Goods which fail to comply with the provisions of the Competition and Consumer Act 2010 or which shows a defect. If you claim that the item is defective, the following conditions apply:

the defect must be reported to us within 1 week of becoming apparent, with detailed photos included of defect; 

the defect results only from faulty design or manufacture;

you have returned the defective Goods or parts to us if we have so requested.

If we agree that we are liable, we will replace the Goods free of charge.

If we replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

Returns - Refunds - Replacement of Goods

We cannot accept returns for exchange/credit in our store, as products are customised for you, and cannot be resold.

A final design proof will be sent to you for approval, giving you the chance to review your design prior to production.

These provisions apply in the event that you receive damaged goods:

We package our products with care to ensure they arrive to you in great condition. However, if you receive damaged goods please contact us by email: hello@kirsty-mckay.com within 1 week of receiving your order.

Please specify full details of the defect or other reason/s of concern, and include photos of the issue. We will then attend to your complaint.

Before you request a replacement product, please carefully re-read the instructions and ensure that you have handled the product with care and assembled it correctly. 

If we agree that the Goods are faulty, we will:

Repair or replace the Goods as we choose.

Issue a refund only if My Framed Story has had the opportunity to rectify the situation by providing a replacement product, and the Goods still do not meet advertised standards outlined on Product page.

If delivery was made to a Australian address, you are also protected by Sale of Goods Act and Competition and Consumer Act 2010

If we agree that the Goods are faulty, we will:

repair or replace the Goods as we choose.

Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

User comments, Feedback and other submissions

If, at our request, 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 to: 

maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

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.

Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

hyperlinks, other than those specifically authorised by us;

keywords or words repeated, which are irrelevant to the Content Posted.

the name, logo or trademark of any organisation other than yours.

inaccurate, false, or misleading information.

Removal of offensive Content

For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website / Instagram account for any purpose.

If you are offended by any Content, the following procedure applies:

your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by email.

we shall remove the offending Content as soon as we are reasonably able;

after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

we may re-instate the Content about which you have complained or we may not.

In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

you now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

Errors, 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).

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.

Security of Our Website

If you violate Our Website (including our Instagram account) we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

download any part of Our Website, without our express written consent;

collect or use any product listings, descriptions, or prices;

collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

share with a third party any login credentials to Our Website;

Despite the above terms, we now grant a licence to you to:

create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

you may copy the text of any page for your personal use in connection with the purpose of Our Website.

Disclaimers 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

All conditions, warranties or other terms implied by the law of any county other than the Australia are excluded from this agreement to the fullest extent permitted by law.

We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.

You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

We give no warranty and make no representation, express or implied, as to:

the quality of the Goods;

any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

the correspondence of the Goods with any description;

the adequacy or appropriateness of the Goods for your purpose;

the truth of any Content on Our Website;

compliance with any law;

non-infringement of any right.

We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.

Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.

Your account with us

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

your failure to comply with the law of any country;

your breach of this agreement;

any act, neglect or default by any agent, employee, licensee or customer of yours;

a contractual claim arising from your use of the Goods;

a breach of the intellectual property rights of any person.

Intellectual Property

Copyright works owned by you or a third party are unaffected by this agreement.

The Intellectual Property in all work we do in the process leading to completion of the Specified Goods and in the completed Specified Goods belongs to us.

If you change or create derivative versions of the Specified Goods, the Intellectual Property in those changed or derived versions also belongs to us.

We now grant an exclusive license to you to use the Intellectual Property in the Specified Goods for a period of 99 years. You may not assign this licence except by way of sale or transfer of the Specified Goods.