TERMS AND CONDITIONS
1. About the Website
Welcome to www.montstudio.com (the 'Website'). Mont Studio is a design studio specializing in textile design and prints. We offer products for sale on our website, and work on commissioned and freelance projects. The Website allows you to browse Mont Studio digital products, physical products and services (Products and Services').
The Website is operated by Jarnah Montersino (ABN 78 744 933 194) t/a Mont Studio. Access to and use of the Website, or any of its associated Products and Products and Services, is provided by Mont Studio. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Products and Services, immediately. Mont Studio reserves the right to review and change any of the Terms by updating this page at its sole discretion.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Mont Studio in the user interface.
3. Copyright and Intellectual Property
The Mont Studio Website, all of the Products and Services and all of the related products of Mont Studio are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Products and Services and compilation of the Website (including but not limited to artwork, prints, textiles, text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Products and Services are owned or controlled for these purposes, and are reserved by Mont Studio or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Mont Studio, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory.
Mont Studio does not grant you any other rights whatsoever in relation to the Website or the Products and Services. All other rights are expressly reserved by Mont Studio.
Mont Studio retains all rights, title and interest in and to the Website and all related Products and Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),to you.
You may not, without the prior written permission of Mont Studio and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Products and Services or third party Products and Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
If you share any of the products, Products and Services, images or any other intellectual property on the Website on any social media platform, you must credit Mont Studio.
Where the option is given to you, you may make payment for the Products and Products and Services (the 'Products and Services Fee') by way of:
(a) Stripe ('Stripe')
(b) Credit Card Payment ('Credit Card')
(c) PayPal ('PayPal')
All payments made in the course of your use of the Products and Services are made using Stripe or PayPal. In using the Website, the Products and Services or when making any payment in relation to your use of the Products and Services, you warrant that you have read, understood and agree to be bound by Stripe terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Products and Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Products and Services Fee.
You agree and acknowledge that Mont Studio can vary the Products and Services Fee at any time.
5. Refund Policy
Unless agreed otherwise, Mont Studio will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Mont Studio makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
Mont Studio does not provide returns on a change of mind basis, as these items are made to order. Mont Studio may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause. If you would like to return a product, please e-mail firstname.lastname@example.org with the reasons behind your desire to exchange. If you’re unhappy with your order for another reason, we would love to hear from you and will try to help.
6. Shipping and Delivery
You acknowledge that the Purchase Products and Services offered by Mont Studio integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
In delivering the product you have purchased, Mont Studio may provide you with a variety of delivery and insurance options offered as part of the Delivery Products and Services by the Delivery Service Providers. You acknowledge and agree that Mont Studio is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Products and Services.
In the event that an item is lost or damaged in the course of the Delivery Products and Services, Mont Studio asks that you:
(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(b) contact us by sending an email to email@example.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery
Service Provider should be removed.
DOMESTIC SHIPPING - Orders are sent by Australia Post or Sendle (estimate 2-6 business days). To expedite your shipping order please send requests to firstname.lastname@example.org.
INTERNATIONAL SHIPPING - Orders are sent by Australia Post Standard Mail or Sendle (estimate 6+ business days). Shipping charges do not include possible taxes and charges imposed by the country of origin or destination. The responsibility of costs incurred for any customs duties, foreign taxes or other fees rest solely with the customer.
For all orders please make sure you provide a secure delivery address as we cannot take responsibility for lost or stolen packages.
We’re continuing to fulfil orders within three weeks of purchase date. However, once your package is posted, there may be significant delays by the Delivery Service Provider (both locally and internationally) that are out of our control, due to the large number of packages being receiving at this time.
7. General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Mont Studio will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Products and Services or these Terms (including as a result of not being able to use the Products and Services or the late supply of the Products and Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Products and Services is at your own risk. Everything on the Website and the Products and Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Mont Studio make any express or implied representation or warranty about the Products and Services or any products or Products and Services (including the products or Products and Services of Mont Studio) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; the accuracy, suitability or currency of any information on the Website, theProducts and Services, or any related products (including third party material and advertisements on the Website);
(a) costs incurred as a result of you using the Website, the Services or any of the products of Mont Studio; and
(b) the Products and Services or operation in respect to links which are provided for your convenience.
8. Limitation of liability
Mont Studio's total liability arising out of or in connection with the Products and Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Products and Services to you.
(a) You expressly understand and agree that Mont Studio, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You agree to indemnify Mont Studio, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
Mont Studio Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty'). Please contact email@example.com if you believe your Product has material defects and issues with workmanship.
11. Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
12. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
13. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.