Unfortunately, in most cases I am unable to provide a refund for change of mind. Exchanges can be made for non-personalised items within 30 days of receiving your items, with return shipping at the buyer’s expense. Please contact me directly at abbygracedesign@gmail.com to discuss any issues with your order.

Online purchase agreement

1. My Contract

(a) These terms and conditions (Terms) are between Abby Kawamata, trading as Abby Grace Design (I, Me or My), and you.

(b) When you place an order via My Website, you will receive an order confirmation email confirming receipt of your order (Confirmation Email). This Confirmation Email will only be an acknowledgment of your order and will not constitute acceptance of your order.

(c) A contract between Me and you will not be formed until I send you confirmation by email that the Goods which you ordered have been sent to you (Dispatch Email).

(d) Only those Goods listed in the Dispatch Email will be included in the contract formed between you and Me (Contract).

2. Pricing and availability

(a) I use reasonable commercial efforts to ensure that all details, descriptions and prices of the goods which appear on this Website (Goods) are accurate. However, listing errors may occur in relation to such details, descriptions and prices (Error). If I discover an Error in relation to any Goods you have purchased, I will endeavour to correct the Error as soon as practicable.

(b) Delivery costs will be charged in addition to the purchase price and such additional charges are clearly displayed where applicable and included in the “Total Cost”.

3. Payment

Payment is processed through Squarespace Payments. The monies received upon the debiting of your Card must be treated as a deposit against the value of the Goods you wish to purchase. Once the Goods have been dispatched and a Contract exists after your Dispatch Email has been sent, the monies paid as a deposit must be used as consideration for the value of Goods you have purchased as listed in the Confirmation Email.

4. Delivery of Goods

Non-delivery of Goods must be reported to Me as soon as possible.

4.1 International customers

(a) Standard International Orders, unless requested otherwise by you prior to purchase, are sent by tracked Australia Post.

(b) While I do everything I can to ensure your order is delivered in a timely manner, I will not be liable for any loss or damage incurred by any person as a result of delay caused by My carrier that I have no control over or which in any event is out of My reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to Me.

(c) Insurance to the value of $100 is provided on all parcels. Additional insurance is available at extra cost on enquiry. I will not cover any loss of Goods that are not insured.

(d) Delivery to countries outside Australia can take [number] working days, depending on region, to arrive.

(e) Customs and import fees for items shipping to the USA are covered by me. All other customs, import fees, taxes, and duties are the responsibility of the customer.

4.2 Australia

(a) All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent by Australia Post with tracking.

(b) Sticker-only orders where the customer selects ‘Non-tracked’ shipping at checkout are sent by Australia Post without tracking or insurance.

(c) While I do everything I can to ensure your order is delivered in a timely manner, I will not be liable for any loss or damage incurred by any person as a result of delay caused by My carrier that I have no control over or by any event which is out of My reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to Me.

(d) Insurance to the value of $100 is provided on all parcels. Additional insurance is available at extra cost on enquiry. I will not cover any loss of Goods that are not insured.

(e) For non-delivery of Goods, please notify Me by email as soon as possible.

5. Receipt of Goods

(a) You must inspect the Goods immediately upon their arrival and if the Goods are not in accordance with the specified requirements then you must give notice to Me within 30 days of receipt of the Goods. If you fail to give such notice, the Goods must be deemed to be in all respects in accordance with the specified requirements. No claim must be recognised unless made in writing and received by Me within 30 days after receipt of the Goods by you.

(b) This paragraph does not apply if the Goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clause 7 below.

6. Refund policy

Please choose carefully. I do not normally give refunds if you change your mind or make the wrong decision.

7. Limitation on claims

(a) I have no liability to the extent that My performance of the Contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which I are prevented from or delayed in performing any of My obligations, is beyond My reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.

(b) I have no liability to the extent that a failure of the Goods is attributable to any act or omission on your part.

(c) My liability for failure to comply with a consumer guarantee is limited to:

(i) in the case of Goods supplied by Me, the replacement of the Goods or the supply of equivalent Goods (or the payment of the cost of the replacement or supply), or the repair of the Goods (or the payment of the cost of the repair); and

(ii) in the case of services supplied by Me, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.

(d) Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.

(e) In all other respects, My total liability for loss or damage of every kind, whether:

(i) arising pursuant to the Terms; or

(ii) arising in any other way out of or in relation to the supply of the Goods, their sale, delivery or the way they behave, and whether in tort or Contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to Me for the Goods.

(f) Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms, I do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of Goods or services supplied pursuant to these Terms.

8. Warranty disclaimer

(a) To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.

(b) The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.

9. Intellectual property

(a) Where applicable, the specifications and design of the Goods (being all intellectual property, including but not limited to, copyright, design right, trademarks or other intellectual property) remain My property.

(b) I retain the right to create reproductions of any artwork to include on prints, accessories and other products. Privately commissioned artworks will not be recreated as a gesture of good will.

10. Title and risk

Title in the Goods does not pass to you until payment has been received. Risk of loss or damage to the Goods passes to you upon dispatch of the Goods regardless that they are shipped with a third party.

11. Waiver

Any waiver of any provision of the Terms will be effective only if in writing and signed by Me. Without limiting the foregoing, if you breach these conditions and I take no action, I will still be entitled to use My rights and remedies in any other situation where you breach these conditions.

12. Entire agreement

The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Me.

13. Governing law

These Terms are governed by the laws in force in Queensland. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

Read the website Terms & Conditions here and Privacy Policy here.