WEBSITE TERMS AND CONDITIONS OF USE
- About the Website
(a) Welcome to https://www.felixcreativestudio.com.au/ & https://www.discountdirect.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 Felix Creative Studio(ABN 88 158 427 558). Access
to and use of the Website, or any of its associated Products or Services, is
provided by Felix Creative 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
Services, immediately.
(c) Felix Creative Studio reserves the right to review and change any of the Terms
by updating this page at its sole discretion. When Felix Creative Studio 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. - 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 Felix Creative Studio in the user interface. - Registration to use the Purchase Services
(a) In order to access the Purchase Services, you must first register as a user of the
Website. As part of the registration process, or as part of your continued use of
the Purchase Services, you may be required to provide personal information
about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Password
(b) You warrant that any information you give to Felix Creative Studio in the course
of completing the registration process will always be accurate, correct and up to
date.
(c) Once you have completed the registration process, you will be a registered
member of the Website (‘Member’) and agree to be bound by the Terms. As a
Member you will be granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Felix Creative
Studio; or
(b) 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. - Your obligations as a Member
(a) As a Member, 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. Use of your password by any other
person may result in the immediate cancellation of the Purchase
Services;
(iv) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Felix
Creative Studio 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 Felix Creative
Studio 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 Felix Creative Studio 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. - Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product 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, an Australian
Bank, an Australian Buy Now Pay Later Service, Square or any other registered
merchant payment solution. (the ‘Payment Gateway Provider’). 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 Felix Creative
Studio, you will be issued with a receipt to confirm that the payment has been
received and Felix Creative Studio may record your purchase details for future
use.
(d) Felix Creative Studio may, at their sole discretion, provide a refund on the return
of the Products within 7 days where the Product packaging is unopened and
remains in a saleable condition and a 20% restocking fee may apply. You acknowledge and agree that you are liable
for any postage and shipping costs associated with any refund pursuant to this
clause. - Warranty
(a) Felix Creative Studio’s 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’).
(b) You may make a claim under this clause (the ‘Warranty Claim’) for material
defects and workmanship in the Products within as per individual item listings, or
as advised by request from the date of purchase (the ‘Warranty Period’).
(c) In order to make a Warranty Claim during the Warranty Period, you must provide
proof of purchase to Felix Creative Studio 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 by email at support@felixcreativestudio.com.au.
(d) Where the Warranty Claim is accepted then Felix Creative Studio will, at its sole
discretion, either repair or replace any defective Products or part thereof with a
new or remanufactured equivalent during the Warranty Period at no charge to
you for parts or labour. You acknowledge and agree that you will be solely liable
for any postage or shipping costs incurred in facilitating the Warranty Claim.
(e) The Warranty shall be the sole and exclusive warranty granted by Felix Creative
Studio 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 warranty
relates.
(f) All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
(g) The Warranty does not apply to any appearance of the supplied Products nor to
the additional excluded items set forth below nor to any supplied Products where
the exterior of which has been damaged or defaced, which has been subjected
to misuse, abnormal service or handling, or which has been altered or modified
in design or construction. - Delivery
(a) You acknowledge that the Purchase Services offered by Felix Creative Studio
integrate delivery (the ‘ Delivery Services’) through the use of third party
delivery companies (the ‘ Delivery Service Providers’).
(b) In providing the Purchase Services, Felix Creative Studio may provide you with a
variety of delivery and insurance options offered as part of the Delivery Services
by the Delivery Service Providers. You acknowledge and agree that Felix
Creative 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 Services.
(c) In the event that an item is lost or damaged in the course of the Delivery
Services, Felix Creative Studio asks that you:
(i) contact the Delivery Service Provider directly to request a refund or to
claim on any insurance options available; and
(ii) contact us by sending an email to sales@felixcreativestudio.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. - Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of Felix
Creative 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 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 Felix Creative Studio or its
contributors.
(b) Felix Creative Studio 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 Felix Creative Studio; 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 Felix Creative 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 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. - Privacy
(a) Felix Creative Studio takes your privacy seriously and any information provided
through your use of the Website and/or the Purchase Services are subject to
Felix Creative Studio’s Privacy Policy, which is available on the Website. - General Disclaimer
(a) You acknowledge that Felix Creative Studio does not make any terms,
guarantees, warranties, representations or conditions whatsoever regarding the
Products other than provided for pursuant to these Terms.
(b) Felix Creative Studio 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) Felix Creative 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 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 Felix
Creative Studio (including the Delivery Services), is at your own risk. Everything
on the Website, the Purchase Services, and the Products of Felix Creative
Studio, 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
Felix Creative Studio 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 Felix Creative Studio) 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 ecommerce
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. - Limitation of Liability
(a) Felix Creative Studio’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 Felix Creative Studio is
the resupply of information or Purchase Services to you.
(b) You expressly understand and agree that Felix Creative Studio, 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) Felix Creative Studio 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 Felix Creative Studio, by third parties or by any of the Purchase
Services offered by Felix Creative Studio.
(d) You acknowledge that Felix Creative Studio does not provide the Delivery
Services to you and you agree that Felix Creative Studio 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. - Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Felix
Creative Studio as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying Felix Creative Studio at any time; and
(ii) closing your accounts for all of the Purchase Services which you use,
where Felix Creative Studio has made this option available to you.
(c) Your notice should be sent, in writing, to Felix Creative Studio via the ‘Contact
Us’ link on our homepage.
(d) Felix Creative Studio 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) Felix Creative Studio is required to do so by law;
(iii) the partner with whom Felix Creative Studio offered the Purchase
Services to you has terminated its relationship with Felix Creative Studio
or ceased to offer the Purchase Services to you;
(iv) Felix Creative Studio 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 Felix Creative Studio is,
in the opinion of Felix Creative Studio, no longer commercially viable.
(e) Subject to local applicable laws, Felix Creative Studio reserves the right to
discontinue or cancel your membership 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 Felix Creative
Studio’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 Felix Creative Studio 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. - Indemnity
(a) You agree to indemnify Felix Creative Studio, 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. - 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 7 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 President of the www.amr.asn.au 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 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 2 weeks 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. - Venue and Jurisdiction
(a) The Purchase Services offered by Felix Creative Studio 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. - 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. - 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. - 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.
