Agreeing to purchase products and/or services from DAZED Designs is conditional upon your acceptance of the following Terms and Conditions. By purchasing or commissioning any product from DAZED Designs, you agree to the following Terms and Conditions.
We urge you to take the time to peruse and review the below Terms and Conditions, which relate to your purchase of products and/or services from DAZED Designs.
By proceeding with your purchase of products and/or services from DAZED Designs, you will be deemed to have accepted the following Terms and Conditions.
We confirm that Natasha Lee Williams, trading as DAZED Designs, ABN: 15 935 490 897 (“DAZED Designs”, “we”, or “us”), offers the following:
- The provision of services offered by DAZED Designs as an independent contractor carrying out digital design services for books authored by clients;
- The provision of services offered by DAZED Designs as an independent contractor carrying out digital marketing services, particularly in relation to books authored by clients;
- The provision of services offered by DAZED Designs as an independent contractor carrying out digital design services for commission;
- The provision of services offered by DAZED Designs as an independent contractor carrying out editing services for books authored by clients;
- The provision of products in the form of existing artworks and/or artworks produced for commission;
- Purchases of the above products and services through the website owned and operated by DAZED Designs at http://dazed-designs.com (“the Site”).
- Your Information
We advise that we collect personal data from you when you provide it directly to us when you engage us to provide services, including when you use the Site.
The way in which we will deal with your personal information is set out in our Privacy Policy, a copy of which is available on the Site at https://dazed-designs.com.
By proceeding with your purchase of products and/or services from DAZED Designs, you will be deemed to have accepted our Privacy Policy.
- Order Cancellation and Refunds
Due the nature of the products and/or services offered by DAZED Designs, once you have placed and confirmed your order in the Site, the products and/or services are non-refundable due to you changing your mind.
DAZED Designs reserves the right to cancel your order at any time for certain reasons including, but not limited to, those circumstances set out in Clause 3 below.
DAZED Designs also reserves the right to refuse or cancel your order if fraud or any other illegal/unauthorised transaction is suspected.
Images used in the Site are true images of each of the artworks, photographs, illustrations, other graphic materials, names, and logos.
We have made every effort to display as accurately as possible the colours of the artworks, photographs, illustrations, other graphic materials, names, and logos that appear on the Site. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.
By accessing the Site and using the Site’s online purchase portal, you expressly acknowledge that characteristics such as shape, dimensions, and colour may differ slightly.
Title in the artwork is transferred to the purchaser at time of payment in the Site.
Refunds will not be offered for digital design services for books authored by clients, digital marketing services for books authored by clients, or for editing services for books authored by clients.
Refunds will only be offered for original artworks which were not created by DAZED Designs on commission.
Refunds of original artworks which were not created by DAZED Designs on commission will be offered at our absolute discretion and must be requested within seven (7) days of the purchase.
The original artworks which were not created by DAZED Designs on commission must be returned to DAZED Designs within fourteen (14) days of the request for a refund.
DAZED Designs will then process a refund of the amount paid for the original artworks which were not created by DAZED Designs on commission within seven (7) days of receiving the returned item/s, minus any bank fees paid by DAZED designs directly related to your purchase.
If the returned original artworks which were not created by DAZED Designs on commission has been damaged/changed in any way, DAZED Designs will not refund any amount.
DAZED Designs will not accept requests for refunds of original artworks which were not created by DAZED Designs on commission outside of the above terms.
- Availability, Errors, and Inaccuracies
Whilst every attempt is made to keep the Site up to date, at any one time, an artwork, photograph, illustration, other graphic material, or logo may be shown for sale when it has in fact been sold.
The Site could include technical or other mistakes, inaccuracies or typographical errors.
The products and/or services offered on the Site may be out of date. DAZED Designs makes no commitment to update the details of the products and/or services offered on the Site.
DAZED Designs may make changes to the products and/or services offered on the Site, including the prices and descriptions of any products and/or services listed there, at any time without notice.
- Prices Policy
When purchasing products and/or services from DAZED Designs, either through the Site or through another method, you agree to purchase the products and/or services for the purchase price stated on the Site or provided directly to you by DAZED Designs.
When purchasing products and/or services from DAZED Designs, you acknowledge having inspected the products and/or services and accepting them in their existing condition.
You must pay the purchase price within the stated time frame on the invoice provided to you by DAZED Designs or, where a deposit has been paid, the balance of the purchase price must be paid prior to providing you with the products and/or services. For online purchases made using the Site, full payment is taken at point of sale.
Title to the products and/or services remains with the DAZED Designs until the purchase price is received by the DAZED Designs.
Online payments are managed by PayPal and any other such payment providers as may be nominated at the sole discretion of DAZED Designs. Payments may also be made by credit card or debit card.
Works purchased “on sale” are final.
The invoice provided to you by DAZED Designs is the entire agreement between yourself and DAZED Designs in respect of the sale and purchase of the products and/or services. All representations, communications and any prior agreement in relation to the sale and purchase of the products and/or services are merged in and superseded by the invoice.
- Promotions
DAZED Designs may from time to time engage in promotions relating to the products and/or services. These promotions will be at the sole discretion of DAZED Designs.
In the event that DAZED Designs elects to carry out a promotion relating to the products and/or services, the promotion will be subject to these Terms and Conditions.
- Intellectual Property
The materials displayed on the Site, including without limitation all information, artworks, photographs, illustrations, other graphic materials, names, logos, and trademarks, are protected by copyright, trade mark, and other intellectual property laws.
The services offered by DAZED Designs include the production of digital designs and artworks, among other things. Copyright of the designs and artworks produced as part of the services offered by DAZED Designs will transfer only upon the receipt of full payment for the services rendered.
DAZED Designs may from time to time engage the use of third-party websites and services to assist with the provision of products and/or services to you.
For example, DAZED Designs will also often use stock images, stock music, stock fonts, and stock video files available from various providers in the production of digital designs, digital marketing services, and artworks requested by you.
DAZED Designs does not own and cannot hand over to you the stock images, stock music, stock fonts, and stock video files used in the production of digital designs, digital marketing services, and artworks requested by you. The products being purchased by you are the final digital design services, digital marketing services, and artworks.
- Third Party Websites and Services
DAZED Designs may from time to time engage the use of third-party websites and services to assist with the provision of products and/or services to you.
For example, the Site may make use of PayPal for the purpose of processing payments made using the Site.
DAZED Designs will also often use stock images, stock music, stock fonts, and stock video files available from various providers.
DAZED Designs has no control over and assumes no responsibility for these third-party websites and services. DAZED Designs’ liability in relation to these, and more generally, is limited as set out in Clause 8 below. At the time that your purchase has been made, liability in relation to the stock images will transfer to you.
We strongly advise you to read and examine the Terms and Conditions of the third-party websites and services used by DAZED Designs, the links to which are set out at the end of these Terms and Conditions.
While DAZED Designs will aim to ensure that the list of these third-party websites and services is kept up to date, DAZED Designs makes no commitment to update this list of third-party websites and services.
By proceeding with using the services of DAZED Designs, you confirm that you have read and examined the Terms and Conditions of the third-party websites and services used by DAZED Designs, the links to which are set out at the end of these Terms and Conditions.
- Limitation of Liability
To the full extent permitted by law and except for any liability arising from contrary agreement, DAZED Designs will in no event be liable to you on any legal basis (including without limitation, negligence) for any loss or damage whatsoever, including (without limitation):
- Loss of production or operation time, loss, damage, or corruption of data or records; or
- Loss of anticipated savings, opportunity, revenue, profit or goodwill, or other economic loss; or
- Any damages arising out of or in connection with the use of the products and/or services, even if DAZED Designs has been advised of the possibility of such damages.
If the governing law (see Clause 12 below) implies warranties or conditions, or imposes obligations or liability on DAZED Designs that cannot be wholly or partly excluded, restricted or modified, DAZED Designs’ liability is limited, to the full extent permitted by the applicable legislation to:
- In the case of products, the refund of the costs of the products.
- In the case of services, the refund of the costs of the services.
The Trade Practices Act 1974 (Cth), and the corresponding State fair trading legislation, restrict the limitation of liability in certain circumstances, such as a contract for the supply of goods or services of a kind ordinarily acquired for personal, domestic, or household use.
- Termination
Your rights to use of the Site shall terminate automatically upon any breach by you of the terms of these Terms and Conditions. DAZED Designs reserves the right in such circumstances to suspend your access to the Site.
- Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable under the governing law (see Clause 12 below), it shall not affect the validity or enforceability of the remainder of these Terms and Conditions.
- Children
The Site is not intended for, and should not be used by, children under the age of 18.
- Governing Law and Jurisdiction
The laws of the State of Queensland and the Commonwealth of Australia govern these Terms and Conditions.
By accepting these Terms and Conditions, you subject to the non-exclusive jurisdiction of the courts of the State of Queensland and the Commonwealth of Australia.
- Dispute Resolution
Any disputes between you and DAZED Designs must be resolved under this clause.
If you have any concerns regarding the products and/or services provided by DAZED Designs, we ask that you raise these concerns with us first using the contact information below.
In the event that a resolution satisfactory to you and DAZED Designs cannot be reached, the parties must refer any dispute to mediation by a Queensland Law Society Approved Mediator agreed by you and DAZED Designs.
- Terms and Conditions Update
These Terms and Conditions represent our policy as of 26th March 2022 DAZED Designs may change these Terms and Conditions from time to time.
- Contact Us
If you have any comments, queries, or complaints regarding these Terms and Conditions, please do not hesitate to contact us.
This can be completed by clicking on the “contact” in the top right-hand side of the Site or you can send correspondence to Strategic Lawyers, PO Box 1709, Townsville QLD 4810 Australia.
A copy of these Terms & Conditions can be emailed to you after an official request to contact@dazed-designs.com