Website Terms and Conditions

Minis Craft
www.miniscraft.com.au
ABN 74307729142


TERMS AND CONDITIONS

Please see the terms and conditions of use for the website miniscraft.com.au immediately below. If you are a talent vendor or registering as one, you will also have to read these additional terms and conditions. 

WESBITE TERMS AND CONDITIONS OF USE

  1. About the Website
    (a) Welcome to www.miniscraft.com.au (the ‘Website’). The Website provides you
    with an opportunity to browse and purchase various products that have been listed
    for sale through the Website (the ‘Products’). The Website provides this service
    by way of granting you access to the content on the Website (the ‘Purchase
    Services’).
    (b) The Website is operated by Minis Craft (ABN 74307729142). Access to and use of
    the Website, or any of its associated Products or Services, is provided by Minis
    Craft. Please read these terms and conditions (the ‘Terms’) carefully. Using,
    browsing and/or reading the Website, 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 the Services, immediately.
    (c) Minis Craft reserves the right to review and change any of the Terms by updating
    this page at its sole discretion. When Minis Craft updates the Terms, it will use
    reasonable endeavours to provide you with notice of updates to the Terms. Any
    changes to the Terms take immediate effect from the date of their publication.
    Before you continue, we recommend you keep a copy of the Terms for your
    records.
  2. Acceptance of the Terms
    (a) 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 Minis Craft in the user interface.
  3. Use of the Purchase Services
    (a) In order to access the Purchase Services, you may be required to provide
    personal information about yourself (such as identification or contact details),
    including:
    (i) Full Name
    (ii) Preferred username
    (iii) Email address
    (iv) Telephone number
    (v) Mailing address
    (b) You warrant that any information you give to Minis Craft in the course of
    completing the registration process will always be accurate, correct and up to
    date.
    (c) You may not use the Purchase Services and may not accept the Terms if; you are
    not of legal age to form a binding contract with Minis Craft; or you are a person
    barred from receiving the Purchase Services under the laws of Australia or other
    countries including the country in which you are resident or from which you use
    the Purchase Services.
  4. Your obligations in using the Purchase Services
    (a) In using the Purchase Services, you agree to comply with the following: You will
    use the Purchase Services only for purposes that are permitted by:
    (i) the Terms;
    (ii) any applicable law, regulation or generally accepted practices or guidelines
    in the relevant jurisdictions;
    (iii) you have the sole responsibility for protecting the confidentiality of your
    password and/or email address where this is provided. Use of your
    password by any other person may result in the immediate cancellation of
    access to the Purchase Services;
    (iv) any use of your information by any other person, or third parties, is strictly
    prohibited. You agree to immediately notify Minis Craft of any unauthorised
    use of your password or email address or any breach of security of which
    you have become aware;
    (v) access and use of the Website is limited, non-transferable and allows for
    the sole use of the Website by you for the purposes of Minis Craft providing
    the Purchase Services;
    (vi) you will not use the Purchase Services or Website for any illegal and/or
    unauthorised use which includes collecting email addresses of Members by
    electronic or other means for the purpose of sending unsolicited email or
    unauthorised framing of or linking to the Website;
    (vii) you agree that commercial advertisements, affiliate links, and other forms
    of solicitation may be removed from the Website without notice and may
    result in termination of the Purchase Services. Appropriate legal action will
    be taken by Minis Craft for any illegal or unauthorised use of the Website;
    and
    (viii) you acknowledge and agree that any automated use of the Website or its
    Purchase Services is prohibited.
  5. Purchase of Products and Returns Policy
    (a) In using the Purchase Services to purchase Products through the Website, you will
    agree to the payment of the purchase price listed on the Website for the Product
    (the ‘Purchase Price’).
    (b) Payment of the Purchase Price may be made through Paypal or by credit card
    (the ‘Payment Gateway Providers’). In using the Purchase Services, you
    warrant that you have familiarised yourself with, and agree to be bound by, the
    applicable Terms and Conditions of Use, Privacy Policy and other relevant legal
    documentation provided by the Payment Gateway Providers.
    (c) Following payment of the Purchase Price being confirmed by Minis Craft, you will
    be issued with a receipt via email to confirm that the payment has been received.
    Minis Craft will record your purchase details for future use according to the Privacy
    Policy.
    (d) Minis Craft will adhere to the repair, replace and refund policy as set out by the
    Australian Competition and Consumer Commission (ACCC).
    (e) As the products are bespoke, Minis Craft is unable to accept returns due to
    ‘Change of Mind’.
  6. Consumer Guarantees
    (a) Minis Craft’s Products come with consumer guarantees under the Australian
    Consumer Law.
    (b) Minis Craft guarantees that our products are of acceptable quality and fit for
    purpose.
    (c) 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.
    (d) You may make a claim for material defects and workmanship in the Products
    within 7 days from the date of receipt of the product.
    (e) In order to make a claim, you must provide proof of purchase to Minis Craft
    showing the date of purchase of the Products, provide a description of the
    Products and the price paid for the Products by sending written notice to Minis
    Craft by email at orders@miniscraft.com.au.
    (f) Where the claim is accepted Minis Craft will, at its sole discretion, either repair or
    replace any defective Products or part thereof with a new or remanufactured
    equivalent at no charge to you for parts or labour. Minis Craft will be liable for any
    postage or shipping costs incurred in facilitating this claim.
    (g) The guarantee shall be the sole and exclusive guarantee granted by Minis Craft
    and shall be the sole and exclusive remedy available to you in addition to other
    rights and under a law in relation to the Products to which this claim relates.
  7. Delivery
    (a) You acknowledge that the Purchase Services offered by Minis Craft integrate
    delivery (the ‘ Delivery Services’) through the use of third party delivery
    companies (the ‘ Delivery Service Providers’).
    (b) In providing the Purchase Services, Minis Craft may provide you with a variety of
    delivery options offered as part of the Delivery Services by the Delivery Service
    Providers. You acknowledge and agree that Minis Craft is not the provider of these
    delivery options and merely facilitates your interaction with the Delivery Service
    Providers in respect to providing the Delivery Services.
    (c) In the event that an item is lost or damaged in the course of the Delivery Services,
    Minis Craft asks that you:
    (i) contact the Delivery Service Provider directly to request a refund or to
    claim; and
    (ii) contact us by sending an email to orders@miniscraft.com.au outlining in
    what way the Products were damaged in transit so we are able to
    determine if the Delivery Service Provider should be removed from the
    Purchase Services.
  8. Copyright and Intellectual Property
    (a) The Website, the Purchase Services and all of the related products of Minis Craft
    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 site content and compilation of the
    website (including text, graphics, logos, button icons, video images, audio clips
    and software) (the ‘Content’) are owned or controlled for these purposes, and are
    reserved by Minis Craft or its contributors.
    (b) Minis Craft retains all rights, title and interest in and to the Website and all related
    content. Nothing you do on or in relation to the Website will transfer to you:
    (a) the business name, trading name, domain name, trade mark, industrial
    design, patent, registered design or copyright of Minis Craft; or
    (b) the right to use or exploit a business name, trading name, domain name,
    trade mark or industrial design; or
    (c) a system or process that is the subject of a patent, registered design or
    copyright (or an adaptation or modification of such a system or process).
    (c) You may not, without the prior written permission of Minis Craft 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
    Content or third party content for any purpose. This prohibition does not extend to
    materials on the Website, which are freely available for re-use or are in the public
    domain.
  9. Privacy
    (a) Minis Craft takes your privacy seriously and any information provided through your
    use of the Website and/or the Purchase Services are subject to Minis Craft’s
    Privacy Policy, which is available on the Website.
  10. General Disclaimer
    (a) You acknowledge that Minis Craft does not make any terms, guarantees,
    warranties, representations or conditions whatsoever regarding the Products other
    than provided for pursuant to these Terms.
    (b) Minis Craft will make every effort to ensure a Product is accurately depicted on the
    Website, however, you acknowledge that sizes, colours and packaging may differ
    from what is displayed on the Website.
    (c) Nothing in these 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.
    (d) Subject to this clause, and to the extent permitted by law:
    (i) all terms, guarantees, warranties, representations or conditions which are
    not expressly stated in these Terms are excluded; and
    (ii) Minis Craft 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 Purchase Services or these Terms (including as a result of not being
    able to use the Purchase Services or the late supply of the Purchase
    Services), whether at common law, under contract, tort (including
    negligence), in equity, pursuant to statute or otherwise.
    (e) Use of the Website, the Purchase Services, and any of the products of Minis Craft
    (including the Delivery Services), is at your own risk. Everything on the Website,
    the Purchase Services, and the Products of Minis Craft, are provided to you on an
    “as is” and “as available” basis, without warranty or condition of any kind. None of
    the affiliates, directors, officers, employees, agents, contributors, third party
    content providers or licensors of Minis Craft (including any third party where the
    Delivery Services are made available to you) make any express or implied
    representation or warranty about its Content or any products or Purchase Services
    (including the products or Purchase Services of Minis Craft) referred to on the
    Website. This includes (but is not restricted to) loss or damage you might suffer as
    a result of any of the following:
    (i) 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;
    (ii) the accuracy, suitability or currency of any information on the Website, the
    Purchase Service, or any of its Content related products (including third
    party material and advertisements on the Website);
    (iii) costs incurred as a result of you using the Website, the Purchase Services
    or any of the Products;
    (iv) the Content or operation in respect to links which are provided for the
    User’s convenience;
    (v) any failure to complete a transaction, or any loss arising from e-commerce
    transacted on the Website; or
    (vi) any defamatory, threatening, offensive or unlawful conduct of third parties
    or publication of any materials relating to or constituting such conduct.
  11. Limitation of Liability
    (a) Minis Craft’s total liability arising out of or in connection with the Purchase Services
    or these Terms, however arising, including under contract, tort (including
    negligence), in equity, under statute or otherwise, will not exceed the most recent
    Purchase Price paid by you under these Terms or where you have not paid the
    Purchase Price, then the total liability of Minis Craft is the resupply of information
    or Purchase Services to you.
    (b) You expressly understand and agree that Minis Craft, its affiliates, employees,
    agents, contributors, third party content providers 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.
    (c) Minis Craft is not responsible or liable in any manner for any site content (including
    the Content and Third Party Content) posted on the Website or in connection with
    the Purchase Services, whether posted or caused by users of the website of Minis
    Craft, by third parties or by any of the Purchase Services offered by Minis Craft.
    (d) You acknowledge that Minis Craft does not provide the Delivery Services to you
    and you agree that Minis Craft will not be liable to you for any special, indirect or
    consequential loss or damage, loss of profit or opportunity, or damage to goodwill
    arising out of or in connection with the Delivery Services.
  12. Termination of Contract
    (a) The Terms will continue to apply until terminated by either you or by Minis Craft as
    set out below.
    (b) If you want to terminate the Terms, you may do so by:
    (i) notifying Minis Craft at any time; and
    (ii) closing your accounts for all of the Purchase Services which you use,
    where Minis Craft has made this option available to you
    (iii) settling all outstanding payments.
    (c) Your notice should be sent, in writing, to Minis Craft via the ‘Contact Us’ on our
    homepage link or at support@miniscraft.com.au .
    (d) Minis Craft may at any time, terminate the Terms with you if:
    (i) you have breached any provision of the Terms or intend to breach any
    provision;
    (ii) Minis Craft is required to do so by law;
    (iii) the partner with whom Minis Craft offered the Purchase Services to you
    has terminated its relationship with Minis Craft or ceased to offer the
    Purchase Services to you;
    (iv) Minis Craft is transitioning to no longer providing the Purchase Services to
    Users in the country in which you are resident or from which you use the
    service; or
    (v) the provision of the Purchase Services to you by Minis Craft is, in the
    opinion of Minis Craft, no longer commercially viable.
    (e) Subject to local applicable laws, Minis Craft reserves the right to discontinue or
    cancel your account to the Website at any time and may suspend or deny, in its
    sole discretion, your access to all or any portion of the Website or the Purchase
    Services without notice if you breach any provision of the Terms or any applicable
    law or if your conduct impacts Minis Craft’s name or reputation or violates the
    rights of those of another party.
    (f) When the Terms come to an end, all of the legal rights, obligations and liabilities
    that you and Minis Craft have benefited from, been subject to (or which have
    accrued over time whilst the Terms have been in force) or which are expressed to
    continue indefinitely, shall be unaffected by this cessation, and the provisions of
    this clause shall continue to apply to such rights, obligations and liabilities
    indefinitely.
  13. Indemnity
    (a) You agree to indemnify Minis Craft, its affiliates, employees, agents, contributors,
    third party content providers and licensors from and against:
    (i) 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 any Content you post through the
    Website;
    (ii) any direct or indirect consequences of you accessing, using or transacting
    on the Website or attempts to do so and any breach by you or your agents
    of these Terms; and/or
    (iii) any breach of the Terms.
  14. Dispute Resolution
    (a) Compulsory:
    If a dispute arises out of or relates to the Terms, either party may not commence
    any Tribunal or Court proceedings in relation to the dispute, unless the following
    clauses have been complied with (except where urgent interlocutory relief is
    sought).
    (b) Notice:
    A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms,
    must give written notice to the other party detailing the nature of the dispute, the
    desired outcome and the action required to settle the Dispute.
    (c) Resolution:
    On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
    (‘Parties’) must:
    (i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute
    expeditiously by negotiation or such other means upon which they may
    mutually agree;
    (ii) If for any reason whatsoever, 14 days after the date of the Notice, the
    Dispute has not been resolved, the Parties must either agree upon
    selection of a mediator or request that an appropriate mediator be
    appointed by the CEO of the Australian Mediation Association or his or her
    nominee;
    (iii) The Parties are equally liable for the fees and reasonable expenses of a
    mediator and the cost of the venue of the mediation and without limiting the
    foregoing undertake to pay any amounts requested by the mediator as a
    pre-condition to the mediation commencing. The Parties must each pay
    their own costs associated with the mediation;
    (iv) The mediation will be held virtually or in Melbourne, Australia.
    (d) Confidential:
    All communications concerning negotiations made by the Parties arising out of and
    in connection with this dispute resolution clause are confidential and to the extent
    possible, must be treated as “without prejudice” negotiations for the purpose of
    applicable laws of evidence.
    (e) Termination of Mediation:
    If 14 days have elapsed after the start of a mediation of the Dispute and the
    Dispute has not been resolved, either Party may ask the mediator to terminate the
    mediation and the mediator must do so.
  15. Venue and Jurisdiction
    (a) The Purchase Services offered by Minis Craft is intended to be viewed by
    residents of Australia. 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.
  16. Governing Law
    (a) 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.
  17. Independent Legal Advice
    (a) 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.
  18. Severance
    (a) 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.

 

WEBSITE TERMS AND CONDITIONS (TALENT VENDORS)

1. About
These terms and conditions relate to the sale of Products on consignment through Minis
Craft. The Consignor (“you/Talent Vendor”) agrees to provide the Products to Minis
Craft (“we”, “us” or “our”) for sale or return on the terms and conditions set out here.
2. Acceptance of terms and conditions
By clicking ‘agree’, you are deemed to have entered into a legally binding agreement
upon these terms and conditions with us.
3. The Products
Minis Craft looks to showcasing your talent. We will retail on your behalf products that will
feature prints of your original artwork. Prints of your Artwork will be featured on products
that can include but are not limited to: high quality art prints both framed and unframed;
blankets, towels, cushions, and tote bags (“The Products”)
4. Consignment process
The process to be followed in order for artwork to be accepted for sale by us, subject to
the rest of these terms and conditions, are as follows:
(a) You must provide us with a request for consignment (“Consignment
Agreement”) specifying all relevant details of the artwork/s to be consigned
thereby giving Minis Craft the right to print your Artwork on The Products that we
will retail on your behalf.
(b) The Consignment Agreement will be reviewed by us and we may decide at our sole
and absolute discretion which of the Artwork we will accept for consignment.
Confirmation of this decision will be communicated in a confirmation of acceptance
of the Agreement by our signature on the Agreement. A copy which will be sent to
you, which will state which Artwork we are willing to accept for consignment.
(c) You will then deliver to us a high resolution digital copy of the particular Artwork as
specified in the Agreement. Any costs associated with creating the digital copy of
the Artwork or delivery to Minis Craft will be at your expense. This digital copy of the
Artwork is to be uploaded into your Dropbox account. You may also wish to provide
associated marketing materials, which we may choose to accept at our discretion.
(d) The Agreement will also specify your proceeds for each of the products sold on
Minis Craft featuring your Artwork.
(e) We shall then use reasonable efforts to sell the Products featuring your Artwork
accepted for consignment.
5. Sale of Products
(a) The Products will be advertised for sale on our website in such a manner and for
such a time as we, in our discretion, deem to be appropriate. You will receive the
proceeds per product sold as stated in the Consignment Agreement, without a cap on number of products sold.
(b) Minis Craft make no guarantees as to the sale of any Products listed on our
website, including as to whether they will be sold, when or at what price they may
be sold.
(c) Minis Craft will undertake all aspects of advertising, sales, shipping, payments, and
customer management related to the Products. This does not preclude the
necessity of communication with you as and when required.
6. Proceeds of sale
(a) Upon receipt of the proceeds of a sale, the proceeds will be applied as follows:
(i) Firstly, the costs incurred by Minis Craft through third parties in creating the
Product from the Artwork; and;
(ii) Secondly, the amounts specified in the Consignment Agreement as will be
paid to you.
(b) We will pay to you your proceeds within 30 business days of whichever is the later
of either the date of sale of any Products, or the date upon which the customer can
no longer make any claim with respect to the Products.
(c) Payment shall be made by Paypal into your nominated PayPal account. A request
of withdrawal from this account to Minis Craft can be made when the total amount is
$100 or more.
7. Withdrawal of Artwork
(a) Upon the election of either you or us, any or all of the Artwork may be withdrawn
from consignment at any time provided that a 14 day notice has been given of the
decision. These Artworks are deemed “Withdrawn Artworks”.
(b) Where we decide that Artworks are to be withdrawn, we reserve the right to make
that decision in our sole and absolute discretion. A notice of 14 days will be given of
the decision.
(c) The digital copies of the Withdrawn Artworks shall be removed by us from the
website and deleted from our system.
8. Ownership of Artwork
(a) Title to the original Artwork remains with you.
9. Representations
You warrant that the Artwork you provide us is created and owned by yourself. You
confirm that you have sole and exclusive rights to the Artwork (“The Artwork”). And you
confirm that you willingly provide this original Artwork to Minis Craft for the purposes as
outlined in these Terms and Conditions.
10. Risk
(a) We shall have no liability to you or any third parties for loss or damage of the digital copy of the Artwork or Products in transit to us or to customers.
(b) We will take all reasonable steps to prevent any loss or damage of the digital copy
of the Artwork when they are in our possession. If any loss or damage to the digital
copy of the Artwork occurs after delivery to us by any event beyond our reasonable
control, we bear no responsibility to make any payment in respect of such damage
or loss.
11. Miscellaneous
(a) These Terms and Conditions are governed by the laws of Victoria, Australia