Welcome to the Hand Painted By Carmel Pty Ltd (“HBC”) web site. The following document contains the Terms and Conditions that govern your use of this website. They describe your rights and responsibilities and what you can expect from HBC. Please take a few minutes to review these Terms and Conditions. Your use of this web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, please do not use this web site.
HBC reserves the right to add to, delete or change these terms because of frequent changes in Internet technology and applicable law. As such, you should check these terms and conditions from time to time for such changes.
1. Copyright/Trademark Information
This entire website, copy, images, logos, indicia, text, content, and the unique method of showcasing products is protected by copyright 2009 HBC. The HBC trade mark and logo are trademarks of HBC. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. The name HBC may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.
We welcome your comments regarding this web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to HBC shall be and remain the exclusive property of HBC. Your submission of any such Comments shall constitute an assignment to HBC of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. HBC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
3. Communication from HBC
As a condition of purchase from us we reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will disable that functionality for your account. Each and every one of these communications will contain a clear link to Unsubscribe. We assure you that once you have unsubscribed we will immediately remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.
We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
5. Correction of Errors and Inaccuracies; Limitations on Quantity
Whilst HBC makes every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy and procedure for details on how to obtain a refund.
You must indemnify and hold HBC and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify HBC under this Section, HBC will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without HBC's express written permission.
7. Limitation of Liability
In no event shall HBC or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
To the extent permitted by law, HBC does not accept any liability for any damage or injury caused by the use or misuse of products purchased from HBC. Legislation such as the Trade Practices Act 1974 (Cth) may imply into these Terms and Conditions warranties or conditions or impose obligations which cannot be excluded, restricted or modified and these Terms and Conditions are read subject to such statutory provisions. All other conditions, warranties, representations, liabilities, and obligations, whether implied or imposed by statute, including any conditions or warranties as to merchantability, fitness for purpose or correspondence with description are excluded to the extent permitted by law. In the event that HBC breaches its obligations referred to in clause 9, to the extent allowed by law, its liability is limited to any one or more of the following, at its election:-
(a) the replacement of the Goods or the supply of equivalent goods;
(b) the repair of the Goods;
(c) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired.
The total liability of HBC under these Terms and Conditions is, to the extent permitted by law, expressed in this clause 7 and HBC will under no circumstances be liable to the Customer for any Loss incurred by the Customer or any other party resulting directly or indirectly out of the supply by HBC to the Customer or out of any breach of HBC under these Terms and Conditions or out of the negligence of HBC. Nothing in these Terms and Conditions shall exclude or modify any conditional warranty implied by law where to do so would render these Terms and Conditions void.
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of HBC. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and HBC are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect. Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is included in sales to Australian customers but not to New Zealand customers. New Zealand customers do not pay GST when purchasing from HBC. Where duty or GST becomes payable on arrival of orders to New Zealand these costs will be covered by HBC.
9. HBC Returns Policy
Hand Painted By Carmel wants you to be totally satisfied with your purchase. We will accept returns under the following circumstances:
A. Items which are unused and not older than 30 days.
B. Items not older than 14 days and if for any reason our patented coating has failed to perform as promised, normal wear and tear excepted, on condition that the specified cleaning methods have been adhered to.
C. Items falling into clause 10 below known as DoA.
9.1 Although HBC uses the best available quality of fabric, paper, dye and paint, HBC will not accept responsibility for fading, colour changes or hand painting irregularities.
9.2 HBC will only accept the return of Goods from the Customer where:
9.2.1 the Customer has complied with clause 9(A) and HBC is satisfied as to the claim by the Customer; and
9.2.2 the Goods are returned to HBC in the same condition as when first delivered to the Customer as follows;
220.127.116.11 The item/s are returned to us in 'as new' condition with all internal and external packaging, accessories, swing tags, labels and instructions complete and intact;
18.104.22.168 The item/s are NOT opened, used, worn or damaged, and is in 100% re-saleable condition when we receive them back.
22.214.171.124 The item/s are securely packed for return postage to ensure that the item/s and packaging are received back by us in original and re-saleable condition.
126.96.36.199 That you DO NOT stick or write anything on the item/s itself or its packaging. Please only write or place postage stickers on the outer postage packaging.
9.3 When returning the Goods the Customer must bear the freight costs.
9.4 Where incorrect Goods are Ordered, an incorrect item number for Goods is used, an incorrect unit of issue or product size is Ordered, an Order exceeds the Customer’s requirements, an incorrect account number is used, or an Order is duplicated, the Customer may after receiving written authority from HBC, return the Goods to HBC subject to the Goods being returned in the same condition as when first delivered to the Customer and subject to the Customer bearing the freight costs of the delivery and return of the Goods.
9.5 Where Goods are returned to HBC in accordance with the above provisions HBC will issue a credit note in respect of any amounts paid by the Customer in respect of those Goods.
10. HBC Returns Procedure
Send an email to firstname.lastname@example.org stating your order number, the item/s you wish to return, the reason for the return and date of purchase.
10.1 The returned item/s must be received by us within 45 days of your purchase.
10.2 Your refund will be the amount you paid for the items returned, net of a restocking fee of $5.00 per item returned ($20.00 for items weighing in excess of 25kgs). If you received free delivery then the delivery cost will also be deducted.
11. Damaged or Defective Items
All items are sold with a Warranty which ensures that what you ordered is received by you in good working order and is able to be used as intended when manufactured and / or as specified by HBC. HBC or the agent, if applicable) will replace a product if it is found to be either damaged or not working correctly when it is received. This type of warranty situation is termed "Dead on Arrival" or DoA. The DoA period is 14 days from the date your order leaves our central warehouse. Unless otherwise indicated this is the warranty that the product comes with. Under the warranty provisions, HBC or the local distributor / manufacturer will replace damaged or defective goods. If the product cannot be exchanged by the same or similar item with at least the same specifications, then a credit voucher or, in the case of a DoA, a full refund will be provided.
Replacements or refunds under warranty do not apply if the product has not been maintained in accordance with any instructions provided with the product. If the product has been used in a manner other than for which it was designed, to the extent permitted by relevant legislation, HBC expressly excludes any liability for any indirect or consequential loss (including for loss of revenue or loss of use) arising from or in any way relating to the purchase or use of the product. To the extent permitted by law, warranties will only apply to products used for personal / private use. Using products purchased from HBC for commercial purposes will result in the warranty being voided.
13. Payment Terms
When paying by cheque (Australia only), money order (Australia only) or direct deposit/bank transfer (Australia only) then we must wait until the money is received in our account before clearing your order for processing.
If we have to source your order from our overseas factory, then delivery times are 3 – 6 weeks on average. You will however be required to make full payment to us before we can process your request.
Orders will be only be processed after receiving payment into our account.
Stock On Hand:
All orders will be sent by using Australia Post’s Standard Parcel Post, for delivery to almost all addresses in Australia. That includes business, private and post office box addresses. Delivery charges will be charged at a flat rate of $9.40 plus $2.50 per kg.
Delivery of these orders will take between 3 – 6 weeks, as each product is handmade at our factory in South Africa. Thereafter it will be despatched to our central warehouse in Sydney and we will get it straight on to you.
For these orders we use Australia Post’s Air Mail service. Delivery charges will be charged at a flat rate of $25.50.
IF THE DELIVERY TIMES OR PROCESSES DISCUSSED ABOVE DO NOT MEET YOUR REQUIREMENTS THEN PLEASE CONTACT OUR HEAD OFFICE SO WE CAN TRY AND CREATE A SOLUTION FOR YOU.
14.1 These Terms and Conditions take effect, are governed by and will be construed in accordance with the laws of Australia and the State of New South Wales.
14.2 These Terms and Conditions are subject to change without notice.
14.3 The parties agree that any action arising out of, or relating to these terms may only be brought by a court of competent jurisdiction in the State of New South Wales, Australia.
14.4 If any of these terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, it will be struck out and the remaining terms and conditions will remain in force.
14.5 If we do not act in relation to a breach by you of these terms and conditions, this does not waive HBC’s right to act with respect to subsequent or similar breaches.
14.6 You may not assign or transfer any rights or benefits you may receive under these terms and conditions to any other person or entity without the prior written consent of HBC.