Terms & Conditions

Part A   For When You Buy Products…

1.    SUBMITTING AN ORDER

1. 1.    By submitting an order for purchase of a Product using the Website's functionality (Order) you represent and warrant that:
      1.    you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
      2.    you are authorised to use the debit or credit card you provide with your Order.
   2.    Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
   3.    Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
      
      

2.   ACCOUNTS

1. 1.    You may purchase Products as a guest without creating an account. We may offer the ability to create an account in the future, but account registration is not currently required to place an Order.
   2.    As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
   3.    You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
   4.    Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
   5.    We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.
      
      

3.  PRODUCTS

1. 1.    We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
   2.    Until the price of your Products is paid in full, title in those Products is retained by GRAFFITI ROSE. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.
   3.    All Products are made to order using a print-on-demand manufacturing and fulfilment partner. This means that each Product is custom produced after your Order is placed. As a result:
      1.    products cannot be cancelled or modified once an Order has been confirmed; and
      2.    minor variations in print placement, colour tone and finish may occur.
         
         

4.  PAYMENT

1. 1.    All prices are:
      1.    per unit (except where indicated);
      2.    in Australian Dollars; and
      3.    subject to change prior to you completing an Order without notice.
   2.    (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
   3.    (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by GRAFFITI ROSE, you must pay the GST subject to GRAFFITI ROSE providing a tax invoice.
   4.    (Card surcharges) GRAFFITI ROSE reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
   5.    (Online payment providers) We use Shopify's integrated payment system and may use third-party payment providers from time to time, such as Shopify Payments, PayPal, Apple Pay, Google Pay and other providers made available through Shopify (Payment Providers). The processing of payments by Payment Providers is subject to their own terms and privacy policies. To the maximum extent permitted by law, we are not liable for the security or performance of Payment Providers.
   6.    (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
      
      

5.    DELIVERY AND SHIPPING

1. 1.    (Delivery Costs) Delivery costs are calculated at checkout and are additional to the price of the Products unless expressly stated otherwise.
   2.    (Delivery Details) GRAFFITI ROSE may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
      1.    delivery is to the delivery point specifically accepted by GRAFFITI ROSE; and
      2.    we will deliver the Products to you in accordance with the shipping information displayed on our Website.
   3.    (Delivery Issues) Products are manufactured and fulfilled by our third-party print-on-demand partner and shipped using third-party carriers. Delivery timeframes (currently estimated at 5–10 business days for standard shipping) are estimates only and may vary depending on location, customs processing and carrier delays.
   4.    (International Orders) GRAFFITI ROSE reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
      
      

6.   CHANGES TO YOUR ORDER

6.1    CANCELLATION BY US

We reserve the right to cancel your order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

6.2    CANCELLATION BY YOU

Due to the made-to-order nature of our Products, Orders cannot be cancelled, modified or changed once they have been placed and confirmed. By placing an Order, you acknowledge and agree that production begins shortly after checkout and cancellation is not possible.

6.3   RETURNS AND EXCHANGES

1. 1.    We do not offer returns or refunds for change of mind, including incorrect size selection, as all Products are made to order.
   2.    We will provide a full refund of the price paid for a Product if we determine that:
      1.    a Product you have ordered was not received by you solely due to failure by us;
      2.    a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
      3.    a Product is faulty, in accordance with clause 6.3(c), in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.
   3.    (Faulty products) The following process applies to any Product you believe to be faulty.
      1.    If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
      2.    If we determine the Product may be faulty, we will provide you with instructions for return.
      3.    If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you.
      4.    If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
      5.    If you fail to comply with the provisions of this clause 6 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
      6.    Nothing in this clause 6 is intended to limit or otherwise affect the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
         
         

7.  INTELLECTUAL PROPERTY

1. 1.    GRAFFITI ROSE retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
   2.    In this clause 7, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
      
      

8.   THIRD PARTY TERMS SUPPLIERS

We use third-party service providers (including manufacturing, fulfilment, payment processing and shipping providers) to supply the Products. While we take reasonable steps to engage reputable providers, we are not responsible for delays or failures caused by third parties beyond our reasonable control.

Part B   For When You Browse This Website…

9.   ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

10.   YOUR OBLIGATIONS

You must not:

1. 1. 1.    copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of GRAFFITI ROSE;
      2.    use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
      3.    use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
      4.    use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
      5.    use the Website with the assistance of any automated scripting tool or software;
      6.    act in a way that may diminish or adversely impact the reputation of GRAFFITI ROSE, including by linking to the Website on any other website; and
      7.    attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
         1.    gaining unauthorised access to Website accounts or data;
         2.    scanning, probing or testing the Website for security vulnerabilities;
         3.    overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
         4.    instigate or participate in a denial-of-service attack against the Website.
            
            

11.   INFORMATION ON THE WEBSITE

1. 1.    While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
      1.    the Website may have errors or defects (or both, as the case may be);
      2.    the Website may not be accessible at times;
      3.    messages sent through the Website may not be delivered promptly, or delivered at all;
      4.    information you receive or supply through the Website may not be secure or confidential; and
      5.    any information provided through the Website may not be accurate or true.
   2.    We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).
      
      

12.   INTELLECTUAL PROPERTY

1. 1.    GRAFFITI ROSE retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
   2.    You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from GRAFFITI ROSE or as permitted by law.
   3.    In this clause 12, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
      
      

13.   LINKS TO OTHER WEBSITES

1. 1.    The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
   2.    Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
      
      

14.   THIRD PARTY PLATFORM

1. 1.    This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed at https://www.shopify.com/au/legal/terms.
   2.    To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
      
      

15.   SECURITY

To the maximum extent permitted by law, GRAFFITI ROSE does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

16.   REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us.

Part C   Liability And Other Legal Terms

17.   LIABILITY

17.1   WARRANTIES

Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that:

1. 1.    Products sold by GRAFFITI ROSE, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
   2.    To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
      
      

17.2   LIABILITY

1.    To the maximum extent permitted by law and subject to clause 17.2(b), the total liability of GRAFFITI ROSE in respect of loss or damage sustained by you in connection with these terms or the Products is limited to the total amount paid by you to GRAFFITI ROSE for the relevant Product that gave rise to the claim.
2.    Claims for loss of or damage to Products in transit must be made against the carrier.
   
   

17.3   CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Products or services provided by us, except:

1. 1. 1.    in relation to a party's liability for fraud, personal injury, death or loss or damage to tangible property; or
      2.    to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
         
         

18.   GENERAL

18.1   GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

18.2   WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

18.3   SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

18.4   JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

18.5   ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

18.6   COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

18.7   ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

18.8   INTERPRETATION

1. 1.    (singular and plural) words in the singular includes the plural (and vice versa);
   2.    (currency) a reference to $, or "dollar", is to Australian currency;
   3.    (gender) words indicating a gender includes the corresponding words of any other gender;
   4.    (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
   5.    (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
   6.   (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
   7.    (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
   8.    (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
   9.    (headings) headings and words in bold type are for convenience only and do not affect interpretation;
   10.    (includes) the word "includes" and similar words in any form is not a word of limitation; and
   11.    (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
       
       

18.9   FORCE MAJEURE

We will not be liable for any delay or failure to perform our obligations where such delay or failure is caused by events beyond our reasonable control, including manufacturing delays, supply chain disruption, shipping carrier delays, customs delays, natural disasters or acts of government.

19.   NOTICES

1. 1.    Any notices required to be sent under this agreement must be sent via email using the party's email addresses set out in this agreement, and the email's subject heading must refer to the name and date of this agreement.
   2.    If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
   3.    The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.