Terms And Conditions
TERMS AND CONDITIONS
1. Agreement & Definitions
Welcome to the Worldwide Tapestries website (this "Website") which is owned and operated by Spruce Tree Pty Ltd ATF Spruce Tree Trust.
These terms and conditions are a legal agreement which governs your use of this Website, as well as the products and services provided by us.
In order to become a user of this Website, you must irrevocably agree to be bound by these terms.
If you do not agree to be bound by these terms, you must ensure you do not indicate to us your acknowledgement and agreement to be irrevocably bound by these terms. Your acknowledgement and agreement to be irrevocably bound by these terms will be indicated to us upon making an application to us for the use or purchase of products or services. In these terms and conditions:-
“Agreement” means these Terms and Conditions together with any other policy or disclaimer on the Worldwide Tapestries website.
“Account” means the member account that a Customer may subscribe to for access to purchases from the Website.
“Company” means an entity registered in accordance with the Corporations Act 2001 (Cth).
“Customer” means a person or entity entering this Agreement for the registration of an Account with us, or purchaser of products and/or services on the Website.
“Price” shall mean the cost of the product or service as advertised on the Website or agreed by us and the Customer, in US dollars.
“Product/s” shall mean any item advertised for sale on our Website.
“Service/s” shall mean your use of our Website, shipping and delivery mechanisms.
“Website” means the website and all web pages located at www.worldwidetapestries.com.
“Worldwide Tapestries” shall mean Spruce Tree Pty Ltd ATF Spruce Tree Trust trading as Worldwide Tapestries (ABN 73 416 905 722) and its related entities, successors and assigns.
Any reference to “we”, “our”, “us”, “Worldwide Tapestries” and so on, in the provisions of this Agreement refers to Worldwide Tapestries except where expressly stated.
Any reference to “you”, “your”, “customer”, “buyer” and so on, in the provisions of this Agreement refers to the Customer purchasing Products or Services from our Website except where expressly stated.
To the extent of any inconsistency, this Agreement shall prevail over any previous agreements, terms and conditions between you and us. No term or condition contained in your acceptance or purchase shall add to, amend or delete any part of this Agreement, unless expressly agreed in writing by a duly authorised officer of Worldwide Tapestries. Waiver of any part of this Agreement will only be effective if provided in writing and signed by us.
We reserve the right to revise, amend or otherwise alter these terms and conditions without prior notice to you, and at our complete discretion. Any amended terms and conditions will take effect immediately as of the time they are posted on our Website. You are obliged to review this document for any subsequent amendments that apply to you. You are taken to have agreed to any amendment irrevocably unless you expressly revoke your agreement with the consent in writing of an authorised officer of Worldwide Tapestries.
2. Reasonable Control
2.1 We are not responsible for any delay in performing or failure to perform any obligation to you as a result of any matter beyond our reasonable control.
2.2 We will reasonably endeavour to ensure the Website is available at a 99% uptime rate. We do not guarantee this uptime rate, and cannot be held liable for outage due to force majeure or any other service interruption beyond our reasonable control.
2.3 We do not guarantee that access to our Website or your Account will be uninterrupted, timely, secure or without failure.
2.4 We cannot be held responsible for any delay in product availability or shipping, through the fault of third parties or in the event of force majeure. In the event of foreseeable delays, we will endeavour to notify you as soon as possible.
2.5 You expressly agree to indemnify us for any loss or damage incurred by you, through your use of the Website, including data, or software damage or loss, and access to your information by third parties.
2.6 You expressly agree that we cannot be held responsible for any metadata damage or security breach as a result of virus technology, malware or content. You access our Website at your own risk and represent to us that you have adequate anti-virus protection and security devices.
2.7 We are not responsible for any loss incurred by you or third parties as a result of delays in our Website, production, and/or shipping, in respect of any matters beyond our reasonable control.
3. Reliance on Representations
3.1 Your reliance on any representations, publications or other material from our Website is at your sole discretion and we, our employees, and our contractors shall not be held liable for your reliance on any of those representations.
3.2 Where there is an inconsistency between these terms and representations described in 3.1, this Agreement shall prevail.
3.3 We do not guarantee the accuracy of information on our Website or representations made by our employees, contractors, related entities, officers and agents. We will endeavour to provide complete and accurate information as to the specifications and status of your purchase but do not guarantee the accuracy and reliability of that information. Some product descriptions are subjective and reflect the opinion of the writer only. While we endeavour to advertise Products as accurately as possible, we do not guarantee Products will be delivered in accordance with the representations on our Website. Your reliance on any representation on our Website is at your own risk.
3.4 Due to third party sourcing of tapestries, prices are subject to change and may vary from our Website. We will endeavour to advise Customers as soon as practicable whether any changes to pricing apply.
3.5 We will endeavour to provide products as described on our Website. Refunds may be available at our discretion, where Products are not provided as described.
3.6 We do not guarantee the colour accuracy of Products on our Website. Lighting, image quality and screen resolution affect the appearance of colour imagery online. We cannot be held liable or responsible for your reliance on colour representations on our Website. Accessories advertised with Products on our Website are not included in the Product, unless expressly stated otherwise.
3.7 Product images are representative of the design on the tapestry and do not necessarily represent the size of the tapestry in comparison to surrounding objects.
3.8 We do not guarantee that the size of the Product will be provided as described on our Website.
4. Your Representations to Us
4.1 Where you act on behalf of a corporate entity, you affirm that you have the legal authority to bind such corporate entity to these terms, in which case the terms “you”, “your”, or “Customer” in this Agreement shall refer to such corporate entity.
4.2 At any time we may request verification of your identity or verification of payment information, and you agree to comply with such requests.
5. Order Processing
5.1 Products are displayed on the Website and may be ordered either online at any time or by telephoning the listed contact numbers provided on the Website.
5.1.1 Telephone and Facsimile orders will only be processed on Monday-Friday between the business hours of 9:00am until 5:00pm AWST.
5.2 Average processing time for an online order is 1-2 business days. We do not guarantee orders will be processed within this time. Enquiries into the order between:
5.2.2 The Customer;
5.2.3 Our Suppliers; and/or
5.2.4 Third parties (i.e. government organisations, customs, shipping carriers) may result in an extended processing time.
5.3 Orders will not be processed until Worldwide Tapestries receives payment of the full purchase price.
5.4 Whilst Worldwide Tapestries endeavours to display items which are in stock as of the date shown, there may be times where items for sale may not be in stock at the time of the Order. In the event we do not have your item in stock, our suppliers will seek to distribute your item within a reasonable timeframe. The original estimated delivery time does not apply to items not in stock.
5.5 If a Product is not in stock at the date of purchase, it may take in excess of 14 days to be sourced from third party suppliers. This is not inclusive of delivery time.
5.6 Estimated delivery times may be relayed from third party suppliers. We cannot guarantee the accuracy or reliability of these representations.
5.7 We endeavour to have all hand-woven tapestries delivered within 4-6 months from the date of purchase. We cannot guarantee that orders will be completed and delivered within this timeframe.
5.8 Worldwide Tapestries is not responsible for and cannot be held liable for any delays in order processing, production or shipping. Any representation as to Product orders, shipping or production, made by us, our representatives, agents or officers is given as a guideline only, and cannot be guaranteed.
6. Customer Information
6.1 You expressly agree to us disclosing your information to third parties.
6.2 You expressly agree that information including, your name, address, contact information and order notes may be provided to payment gateway and processors, third party providers, couriers or postal services, and any other entities required for the fulfilment of your Order upon Order Processing.
6.3 Your information may be used to contact you about your order. You hereby agree to being contacted by third party suppliers in relation to your Product.
6.4 You agree to be contacted through a third party email service provider offering product specials, coupons or offers, or other information from Worldwide Tapestries. You may unsubscribe from these emails at any time by clicking on the unsubscribe link in these emails.
6.5 Credit card information obtained during online Order Processing is sent securely via Hypertext Transfer Protocol Secure (HTTPS) encryption to our gateway payment processor. We do not store credit card information on our Website.
6.6 Telephone orders are processed online via our Website, using the same secure processing of credit card information as referred to in paragraph 6.5.
7.1 Upon receipt from our third party suppliers, orders of products in stock may be delivered to the United States of America within 7-10 working days from the time of Order Processing. Products not currently in stock may require resourcing in accordance with paragraph 5.5 and delivered to the United States of America within 7-10 working days of receipt by us from the supplier.
7.2 Orders outside the United States of America may be delivered within 12-15 working days after the date purchase.
7.3 Shipping times vary depending on the shipping option selected by the Customer. Express shipping may be delivered to the United States of America within 4-5 working days from the date of purchase. Express shipping may be delivered outside the United States of America within 8-15 working days from the date of purchase.
7.4 Express shipping must be applied for by emailing contact @ worldwidetapestries.com (remove spaces before and after the @ symbol) immediately before or after purchase.
7.5 We do not guarantee orders will be received within these time periods. The time frames represented in paragraphs 7.1 - 7.4 are estimates only.
7.6 Worldwide Tapestries accepts no responsibility for any items lost, incomplete, damaged, stolen, or otherwise modified during transit, from the point the goods are rendered to our selected courier service for delivery until the point the goods are delivered at the address designated by the purchaser in the confirmed order.
7.7 Shipping can be delayed by courier error, postage times, supplier locality, customs delays, force majeure, or any other factor beyond our control. We cannot be held liable for any delay in shipping and delivery times.
7.8 For the purposes of shipping, Products may be folded or rolled for packaging. We do not guarantee that Products will be provided without lines or creases. Any marking or damage to Products in the shipping process is not the responsibility of Worldwide Tapestries.
7.9 Upon the Product being dispersed by our suppliers, Worldwide Tapestries cannot be held liable for any damage or losses incurred in shipping, delivery or installation. Customers handle the Product at their own risk.
8.1 Worldwide Tapestries is not responsible for and cannot be held liable for any extra charges applied to Customer’s orders by third parties.
8.2 Additional fees, charges, taxes or duties may be charged to the Customer by banking institutions, government, local postal services or other authority or entities.
8.3 The Customer hereby accepts responsibility for payment of all additional charges on the purchase price, and agrees to indemnify Worldwide Tapestries for any costs or additional charges they incur.
8.4 All prices are in US dollars. Worldwide Tapestries makes no compensation for currency exchange rates.
8.5 Exchange rates will be subject to the Customer’s banking institution. Worldwide Tapestries has no involvement in the currency exchange of Customer’s purchases.
8.6 The Customer hereby acknowledges that they are responsible for paying any fees and charges incurred by banking institutions for currency exchange, bank transfers and/or credit card charges.
8.7 We reserve the right to request payment in an alternative currency to an alternative banking institution. Worldwide Tapestries makes no compensation for currency exchange rates.
8.8 Any import taxes, duties, GST, VAT, other taxes and duties, or fees charged by local postal services or other entitles, are the responsibility of the Customer. Worldwide Tapestries takes no responsibility for any additional charges incurred.
8.9 Additional charges for the items listed in paragraph 8.8 are not included in the invoice issued by Worldwide Tapestries and are the sole responsibility of the Customer.
8.10 Product Orders will not be processed until full payment is received by us.
9. Refund Policy
9.1 We are not obliged to provide refunds where products are provided as described and are not faulty in any way.
9.2 We do not offer refunds for hand-woven tapestries.
9.3 Excluding hand-woven tapestries, refunds may be provided where an item is delivered damaged, or is defective in craftsmanship. We may exercise our discretion as to providing a refund, provided the customer informs us within 3 days of receipt of the product. Failure to notify us within 3 days of delivery will result in an assumption that the product is received in good condition.
9.4 An exchange may be provided only where the Customer notifies us within 7 days of delivery of the product.
9.5 In order to apply for a refund, Customers must email contact @ worldwidetapestries.com (remove spaces before and after the @ symbol) with their order details in order to obtain a RMA number and instructions from our officers. Applications for refunds will not be granted without an RMA number.
9.6 Upon the approval of a refund application, Customers must return the product(s) to the originating address of the supplier within 30 days of receipt of the product.
9.7 We reserve the right to request refunded products be returned to an alternative address at our discretion.
9.8 All refunds will incur a 20% restocking fee deducted from the amount returned to the Customer.
9.9 Customers will not be refunded shipping costs incurred upon purchase.
9.10 We reserve the right, at our discretion to waive restocking and administrative fees in the event of product exchanges.
9.11 The Customer is responsible for the cost of shipping of returned products to the originating address of the supplier or the requested address by the Worldwide Tapestries officer. In the event that the Customer returns separate items that were originally sent from different addresses, the items must be returned to their respective originating addresses or as instructed by us.
9.12 Exchanged products may incur an increased shipping fee that is higher than the usual shipping fees displayed on our Website, or the shipping fee originally paid by the Customer. We reserve the right at our discretion to offer a discounted shipping rate for exchanged items.
9.13 All refunded and exchanged products must be returned in their original condition and packaging, including accessories, and all included items, such as promotional special offers. Customers will be charged retail costs for items damaged or not returned.
9.14 Lost, damaged or items that have signs of use will not be refunded.
9.15 We encourage Customers to insure any items being shipped to the address of the originating supplier or the address provided by a Worldwide Tapestries officer. Worldwide Tapestries does not accept any liability for lost or damaged items.
10.1 If a Customer cancels their order Worldwide Tapestries reserves the right to charge a 20% restocking fee.
10.2 In the event items have already been shipped at the time of us or our suppliers becoming aware of the cancellation, the shipping price paid by the Customer is non-refundable.
10.3 Customers are responsible for the cost of shipping the products back to the originating address of the supplier, or an alternative location provided to you by our officers, representatives or agents. In the event that the Customer returns separate items that were originally sent from different addresses, the Customer must bear the cost of shipping the individual products to their respective originating addresses or to an address specified by us.
10.4 We reserve the right to cancel any order received by us.
10.5 In the event an order, or part of an order, is cancelled by us, the Customer will be notified as soon as practicable and a refund for the cancelled items will be provided.
10.6 In the event we cannot source an unavailable product from another third party supplier, we may inform the Customer of this and advise them of the option to cancel or alter their order. The Customer will be charged for any additional costs of a Product of greater value to the replaced item. We reserve the right to provide a partial refund for a product of a lesser value to the replaced item.
10.7 In the event we cannot ship an order to a particular location or country, we will endeavour to contact the Customer as soon as possible. Unless the order can be otherwise transported, we may cancel the order and provide a full refund to the Customer.
11. Third Party Links and Advertising
11.1 Our Website may contain links to third parties by way of provision of services or advertisements. These links do not form part of our Website and are in no way controlled by us.
11.2 We do not warrant the truth, accuracy or completeness of third party links or advertising on our Website.
11.3 Third party websites are accessed at your own risk, and we cannot be held liable for your access of those links.
11.4 Worldwide Tapestries disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on any representations made on third party websites.
11.5 An advertisement that appears on our Website does not imply or warrant an endorsement or recommendation of that advertisement by us.
12.1 You expressly and irrevocably agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us, by a third party resulting from the provision or use of Services, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of this Agreement.
12.2 You understand that should we be notified of pending legal action, we may seek written confirmation from you concerning your obligation to indemnify us under this Agreement in accordance with this Agreement, and you expressly and irrevocably agree that failure to provide such confirmation may be considered a further breach of this Agreement.
12.3 You agree to completely indemnify us, our affiliates, subsidiaries, employees, directors, officers, agents and related entities and hold us, our affiliates, subsidiaries, employees, directors, officers, agents and related entities harmless against any expense, cost, loss or damage including but not limited to loss of profit, revenue, goodwill, customers, capital, reputation, data, and anticipated website traffic or benefit from your use of the Worldwide Tapestries Website and services.
12.4 You agree to fully indemnify us, our affiliates, subsidiaries, employees, directors, officers, agents and related entities for any direct or indirect loss or damage suffered or incurred by you under or in any way connected with this Agreement or Worldwide Tapestries Website, products and/or services, or any consequential loss which may be incurred by you through relying on any material on the Worldwide Tapestries Website.
12.5 To the maximum extent permitted by law, we hereby exclude all conditions and warranties not expressly set out herein. No oral or written information or advice given by us, our employees, officers or agents shall create a warranty or in any way increase the scope of the express warranties hereby given.
12.6 Where to do so is unlawful under any legislative provision falling under the governing law of this Agreement, nothing in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in contradiction of any such legislative provision. You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of Products and Services or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Products and Services which are the subject of any such claim.
12.7 You expressly indemnify us from any loss, damage, injury or consequence resulting from your handling or installation of the Product.
12.8 You expressly and irrevocably agree that this Indemnity clause survives the expiry and/or termination of Services or this Agreement.
13. Applicable Law
13.1 This Agreement shall be construed in accordance with and governed by the laws of Western Australia.
13.2 In the event of any dispute(s) or claim(s) which arise involving us, you agree to submit to the exclusive jurisdiction of the courts in Perth, Western Australia. Any costs we incur as a result of such proceedings shall be borne by you.
13.3 Prior to commencing any proceedings against us, you expressly agree to submit to arbitration in Western Australia. Failure to attempt to mediate the matter prior to commencing proceedings may result in an order of costs against you for costs we may incur.
13.4 In the event that you do not comply with this Agreement and commence proceedings outside the specified jurisdiction, you agree to indemnify us on a full indemnity basis for any costs we incur.
13.5 Each and every obligation and right under this Agreement is severable and independent.
13.6 Should any part of this Agreement be made invalid by relevant legislation, that wording shall be deemed to be omitted and the remainder of the terms shall remain in force.