Stitchkraft.Co Pty Ltd – TERMS AND CONDITIONS
These are the terms and conditions for Stichkraft.Co Pty Ltd ACN 613 539 683 (StitchKraft.co) upon which Customers may purchase products from Stitchkraft.co, use the Stitchkraft Website or otherwise interact and deal with Stichkraft.co (Terms and Conditions). These Terms and Conditions do not apply to Business Customers and such customers may request the applicable terms and conditions if required from Stitchkraft.co.
- Part 1 of these Terms and Conditions relates to the terms of trade between Stitchkraft.co and Customers
Australian Consumer Laws: means the Competition and Consumer Act 2010 (Cth) (the Act) and includes any regulations made under the authority of the Act.
Account: means an account created by the Customer on the Stitchkraft Website
Business Customers: means customers which have been approved by Stitchkraft.co to hold a commercial credit account with them following completion of a credit application form.
Customer: means each and every person or corporation to whom Stitchkraft.co supplies Goods and Services, and in the context of using the Stitchkraft Website, the person or corporation using the Stitchkraft Website at any time.
Business Days: means any day that is not a Saturday, Sunday or gazetted public holiday in the State of Victoria, Australia.
Delivery Address: means the address provided by the Customer in its Order in which the Goods are to be delivered to.
Destination Country: means the country where the Delivery Address is located.
Goods: means all goods supplied by Stitchkraft.co to the Customer.
Orders: means orders placed by the Customer in relation to Goods by any method made available by Stitchkraft.co to the Customer.
Services: means all the services supplied by Stitchkraft.co to the Customer.
Stitchkraft Website: means the website operated by Stitckkraft.co (currently https://www.stitchkraft.com.au/ or as updated from time to time).
Website Service: means the services provided in connection with the Stitchkraft Website.
Throughout these Terms and Conditions, related policies, the Stitchkraft Website, the terms“we”, “us” and “our”refer to Stitchkraft.co and reference to “you” and “your” refer to the Customer.
These Terms & Conditions are binding on any instance the Customer purchases Goods and on any instance the Customer uses the Stitchkraft Website on any device.
The Customer’s use of the Stitchkraft Website and placement and submittal of any Order indicates the Customer’s acceptance of these Terms and Conditions and related policies in their entirety in addition to any other applicable laws or regulations.
These Terms and Conditions shall supersede any subsequent terms and conditions included with any Order, whether or not such terms and conditions are signed by Stitchkraft.co.
- CHANGES TO TERMS AND CONDITIONS
Stitchkraft.co reserves the right to amend these Terms and Conditions from time to time. Amended Terms and Conditions come into effect from the time they are published on the Stitchkraft Website. The Customer should review the page regularly to ensure that they are aware of any amendments to the Terms and Conditions prior to placing an Order.
- Each clause and subclause of these Terms and Conditions is separate and independent. If any clause or subclause is found to be invalid or ineffective, the other clauses or subclauses will not be adversely affected.
- These Terms and Conditions are subject to the laws of Victoria and the parties submit to the jurisdiction of the Courts of the State of Victoria.
PART 1 – TERMS OF TRADE
- PAYMENT AND ORDER TERMS
- Orders will not be dispatched until payment in full has been received and Stitchkraft.co is satisfied with the integrity of the Order.
The Customer’s receipt of an electronic or other form of order confirmation does not signify Stitchkraft.co’s acceptance of the Order, nor does it confirm Stitchkraft.co’s offer to sell.
- Stitchkraft.co reserves the right at any time after receipt of the Customer’s Order to accept or to decline the Order for any reason and without giving reason to the Customer. Upon the cancellation of an Order, Stichkraft.co will make reasonable steps to contact the Customer using the details provided to Stitchkraft.co. All monies received will be refunded using the method received or an alternative method.
- Stitchkraft.co reserves the right at any time after receipt of an Order, without prior notice to the Customer, to supply less than the quantity the Customer ordered of any Good.
- The Customer acknowledges that all Orders must obtain pre-approval with an acceptable method of payment, as established by Stitchkraft.co’s credit and fraud avoidance department.
- The Customer acknowledges that Stitchkraft.co may require additional verifications or information before accepting any Order.
- The Customer acknowledges Stichkraft.co is a reseller to end user customers and will consider Orders from dealers, exporters, wholesalers or other customers who intend to resell the Goods offered by Stitchkraft.co on a case by case basis and at its own discretion. The Customer acknowledges that Stitchkraft.co in exercising its discretion may request that such customers become a Business Customer for the purpose of such Orders.
- Stitchkraft.co accepts the following payment methods for Online Orders and telephone orders:
- credit card (Visa, Mastercard, American Express);
- payments processed through ‘PayPal’, ‘Google Pay’, ‘Apple Pay’, ‘Zip Pay’ and ‘Afterpay’ (Online Orders only) or other methods available on the Stitchkraft website;
- Electronic Funds Transfer. Payments may require 5 Business Days to clear before Goods are dispatched to the Customer.
Cash payments are only accepted when the Customer purchases Goods in Stitchkraft.co stores.
- Stitchkraft.co may accommodate the request for an Order cancellation, only if the Customer notifies Stitchkraft.co before the Goods have been dispatched. In the event that Goods have been shipped, Stitchkraft.co reserves the right to refuse an Order cancellation or charge a cancellation fee should Stitchkraft.co be able to request the return of the Goods from its delivery service.
- CREDIT CARD PAYMENTS AND VERIFICATION
- All Orders are subject to pre-authorisation checks to ensure sufficient funds are available and to confirm the validity of the payment method. The total amount of the Order will be charged to your credit card the moment you confirm your Order during the checkout.
- Some Orders may be subject to a small charge verification before they are approved for shipment. In these cases a small amount between $0 and $1 will be held on the Customer’s credit card and the Customer will be asked to confirm this amount to validate their payment. This is not a charge, but an authorisation which will be released back to the Customer.
- ACCURACY OF BILLING AND ACCOUNT INFORMATION
- Stitchkraft.co reserves the right to refuse any Order a Customer places with Stitchkraft.co. Stitchkraft.co may, in its sole discretion, limit or cancel quantities purchased per person, per household or per Order.
These restrictions may include Orders placed by or under the same Customer Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Stitchkraft.co makes a change to an Order or cancels an Order, Stitchkraft.co may attempt to notify the Customer by contacting the e-mail and/or billing address/phone number provided at the time the Order was made.
Stitchkraft.co reserves the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors.
- The Customer agrees to provide current, complete and accurate purchase and account information for all purchases made at our store. The Customer agrees to promptly update its account and other information, including its email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Whilst Stitchkraft.co makes every effort to ensure prices are correct, it should be noted that the Customer acknowledges that prices in relation to Goods and associated costs with purchasing the Goods are subject to change without notice.
The Customer acknowledges there may be duties and taxes added to the Order by the Destination Country. The Customer will be responsible for these costs upon delivery and are not included in your Order total.
All credit cards are charged in Australian Dollars. Non-Australian currency figures are all approximations based on the exchange rate at the time of purchase.
- The Customer agrees that in providing payment for an Order, the Customer will pay all delivery costs applicable to the Order.
- The Customer acknowledges that delivery of Goods may take up to ten (10) days. In circumstances where Stitchkraft.co is required to order the Good(s) prior to dispatchment, delivery may take up to sixty (60) days subject to availability from the manufacturer.
- The delivery times pursuant to clause 9(b) and any times detailed in an Order are quoted by Stitchkraft.co in good faith and as accurately as it is able to estimate, but Stitchkraft.co accepts no liability for non-performance or non-delivery by a certain time.
- Stitchkraft.co will not be responsible for any delay in or failure of performance of supply or delivery caused by circumstances beyond its control and shall not be liable for any consequential loss, damage, expense or claim suffered by the Customer.
- The Customer acknowledges that any person who receives the Goods upon delivery shall be presumed by Stitchkraft.co to be authorised to receive the Goods.
- The Customer agrees, that in the event that no-one is present at the Delivery Address at the time the Goods are delivered, Stitchkraft.co may retain possession of the Goods and charge an additional delivery fee when attempting to redeliver the Goods.
- If the Customer chooses express shipping (no signature) they give their authority for their Order to be left unattended at the Delivery Address. Stitchkraft.co will only replace Orders using this shipping method provided the Order is proved lost in transit by Stitchkraft.co’s delivery company.
- The Delivery Address for an Order is displayed in the checkout page on the Stitchkraft Website and is further displayed on Order confirmation and shipping confirmation emails. In the event that an incorrect address was entered, Delivery Address changes can only be made until the Order begins processing.
The Customer acknowledges that Stitchkraft.co cannot accommodate all Delivery Address change requests. It is advised that the Customer calls our customer service team instead of email communication as Stichkraft.co cannot guarantee instant responses to email communications.
- The Customer acknowledges that Stitchkraft.co takes no responsibility to Orders delivered to an incorrect or invalid Delivery Address and is not liable for any loss associated.
- If available, the Customer (or their nominee) may collect the Goods from a Stitchkraft.co store. If so, Stitchkraft.co will require a government issued photo identification to be presented by the Customer (or their nominee), such as a driver’s licence. A copy of that photo identification will be stored by Stitchkraft.co.
- Certain factors such as Order size, weight and Delivery Address may require Stitchkraft.co to deliver via another method. The Customer acknowledges that Stitchkraft.co reserves the right to change delivery method in these cases.
- In the event multiple items are ordered, part deliveries may be made where stock is not available. Stitchkraft.co will take reasonable steps to notify the Customer using the details that the Customer has provided to Stichkraft.co
- If the Customer has provided special instructions in relation to the delivery, such as through the use of the special instructions box on the delivery page on the Stitchkraft Website or by any other means, the Customer acknowledges and agrees that Stitchkraft.co cannot be held responsible if the Customer’s instructions are not followed.
- All Goods carry the relevant manufacturer’s warranty where applicable.
- Except where otherwise stated and to the extent permitted by Australian Consumer Laws, Stitchkraft.co excludes all warranties in respect of the Goods.
- Stitchkraft.co has no control over manufacturer warranty periods, nor can it control repair periods and cannot advise what they will be. Stitchkraft.co cannot control if a warranty claim is approved or rejected by the manufacturer.
- All repairs are carried out by the manufacturer and not by Stitchkraft.co. In some cases, faulty Goods cannot be repaired and a replacement or refund will be offered, however Stitchkraft.co cannot control the availability of parts of replacement Goods.
- All warranty claims have to be submitted to Stitchkraft.co directly. Do not submit warranty claims or return warranty items to the original goods manufacturer.
- Stitchkraft.co takes reasonable care in supplying personal protective equipment and other safety equipment based on information provided by the Customer. However, Stitchkraft.co is not responsible or liable for any loss or damage caused to person or property as a result of the Customer's failure to seek professional advice from appropriate authorities or safety specialists before making a purchase from Stitchkraft.co.
- The Customer agrees that they do not rely upon the skill and judgment of Stitchkraft.co in relation to the suitability of any Goods for a particular purpose or application for which the Goods are required by the Customer and Stitchkraft.co are under no liability whatsoever if the Goods are not suitable and fit for the Customer’s intended purpose.
- Stitchkraft.co is not liable for any loss or damage whatsoever suffered by the Customer as a result of any act, omission or statement made by Stitchkraft.co, its employees, contractors or agents whether negligent or not, or as a result of a delay or inability to deliver the Goods, except that nothing in these Terms and Conditions limits any liability imposed by any statute, including, without limitation the Australian Consumer Law, unless or to the extent that it is lawful to do so.
- The Customer indemnifies Stitchkraft.co against all loss, liability, cost (including legal costs on a full indemnity basis) and expense incurred by Stitchkraft.co in connection with any act or omission of the Customer including, but not limited to, negligence of the Customer or any unauthorised representation made or warranty given by the Customer in connection with the Goods; or as a result of any claim made or action brought in connection with the Goods or their use other than a claim or action brought by the Customer under these Terms or a condition or warranty implied by law which is not excluded by these Terms.
RISK AND TITLE
Stitchkraft.co GIFT CARD CONDITIONS
- The Customer acknowledges Stitchkraft.co gift cards will expire 3 years from the date of issue of a Stitchkraft.co gift card.
- Any unused balances on the expiration of a Stitchkraft.co gift card will not be refunded or credited to the Customer.
- The Customer acknowledges that in the event a Stitchkraft.co gift card is either lost or stolen, Stitchkraft.co will not replace a Stitckraft.co gift card.
- The Customer acknowledges that change will not be given when a Customer uses a Stitchkraft.co gift card and that gift cards are not redeemable for cash or payment of credit or store accounts.
- Stitchkraft.co gift cards entitle users to Australian Dollars which can be redeemed at Stitchkraft.co (Australia). In order to successfully use your gift card the rules set out with the gift cards must be adhered to.
- The gift card must be used prior to the gift card’s expiration date; The gift card cannot be used to purchase additional gift cards.
- Multiple gift cards cannot be used in one single Order.
- Should the Customer return items bought with the use of a gift card, Stitchkraft.co will, at Stitchkraft.co’s discretion:
- Issue a refund by way of credit to their gift card up to the value of the gift card amount redeemed, and by regular refund for the value exceeding the value of the gift card, should the returns be received prior to the gift card expiry date; or
- Issue no refund should the returns be received after the gift card expiry date, except where the refund amount exceeds the value of the gift card, in which case they will be refunded the difference between the total refund amount due and the value of the gift card.
- In order to redeem your gift card, you must use the Stitchkraft.co checkout by selecting ”Proceed to Checkout” in the cart as displayed on the Stitchkraft Website.
- Promotions, discounts and promotional codes (collectively "Promotions") are valid for the specified time period for online purchases of merchandise only and may be used one time only unless otherwise stated.
- One time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.
- Promotions do not apply to gift cards, shipping, GST or duties or similar services.
- Promotions cannot be applied retroactively to previously placed Orders or to Orders that have been adjusted.
- For promotions requiring a minimum order size, charges for shipping and credits from gift cards do not count towards the minimum order size requirement.
- For promotions where you must buy 1 (or more) item(s) to get a reduction on the second (additional) item(s), the discount will be applied at checkout to the lower priced item.
- If merchandise was purchased with a Promotion and subsequently returned, you will be issued a credit or refund at the promotional price and, if the Promotion has expired, it cannot then be applied to a replacement or future order.
- If you return a gift that was purchased with a Promotion and the Promotion has expired, you cannot apply the expired Promotion to a replacement or future order.
- Promotional items are available only while supplies last; Stitchkraft.co does not issue rain checks for items that run out of stock.
- Stitchkraft.co has no obligation to advise an entrant of an incomplete or incorrect entry and will not be accountable for the return of any item ordered incorrectly.
- By claiming a promotional offer on your order, you agree that you have understood the terms and conditions of that promotion.
- All promotional spend levels and discounts are in Australian Dollars (AUD) or other currencies, if applicable, as specified in writing with the offer.
ACCOUNT SUSPENSION AND CANCELLATION
- Stitchkraft.co reserves the right to suspend or cancel a Customer Account at any time without prior notice to the Customer in the event a Customer has breached these Terms and Conditions.
- In the event a Customer’s Account suspension or cancellation occurs while a Customer is awaiting the delivery of Goods, StichKraft.co reserves the right to cancel an Order. All monies received will be refunded using the method received or an alternative method.
- Stitchkraft.co grants the Customer a limited, revocable, non-exclusive, non-assignable, non-sublicensable licence and right to use, access or browse the Stitchkraft Website on any device, and use the Stitchkraft Website, strictly in accordance with these Terms and Conditions. Any use of the Stitchkraft Website or the Website Service that is contrary to these Terms and Conditions is strictly prohibited.
- Stitchkraft.co reserve the right to temporarily or permanently interrupt or disable access to the Stitchkraft Website or the Website Service at any time for any purpose, including but not limited to, general maintenance to, or updates of, the Stitchkraft Website. Stitchkraft.co will not be liable to the Customer or any other person for interruption or termination of access to the Stitchkraft Website.
CONTACT DETAILS AND PERSONAL INFORMATION
- By ordering or registering with Stitchkraft.co on the Stitchkraft Website, the Customer grants Stitchkraft.co the right to add the Customers’ contact details to its database and email transaction order, shipping and product review emails. The Customer acknowledges that from time to time, Stitchkraft.co will contact the Customer about offers and new products.
- The Customer can request for the communications detailed in clause 18(a) to cease by either unsubscribing via the link at the footer of any marketing communications or contacting the Stitchkraft.co customer service team.
- Any requests made under clause 18(b) will be actioned and complied with within a reasonable time or by any time frame required by law.
- The Customer acknowledges and consents to Stitchkraft.co exchanging personal information with its related companies and third party service providers who assist with payment, marketing, data processing, IT, archival, auditing, accounting, customer contact, legal, Business consulting, banking, delivery, data analysis, document management, research, investigation, insurance, website and other services. The Customer acknowledges that these third parties may be located in Australia, USA, Europe and other countries from time to time.
- PRODUCTS OR SERVICES
- Certain products or services may be available exclusively online through the Stitchkraft Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
Stitchkraft.co has made every effort to display as accurately as possible the colours and images of our products that appear at the store. Stitchkraft.co cannot guarantee that your computer monitor's display of any colour will be accurate.
Stitchkraft.co reserves the right, but is not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. Stitchkraft.co may exercise this right on a case-by-case basis.
Stitchkraft.co reserves the right to limit the quantities of any Goods or Services that Stitchkraft.co offers. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. Stitchkraft.co reserves the right to discontinue any product at any time. Any offer for any Good or Service made on the Stitchkraft Website is void where prohibited.
- Stitchkraft.co does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- TYPOGRAHPICAL ERROS
- In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Stitchkraft.co shall have the right to refuse or cancel any orders placed for products listed at the incorrect price.
- Stitchkraft.co shall have the right to refuse or cancel any such Order whether or not the Order has been confirmed and the Customer’s credit card is charged.
- If a Customer’s credit card has already been charged for the purchase and the Order is cancelled, Stitchkraft.co shall issue a credit to the used credit card in the amount of the charge.
To be eligible to access the Stitchkraft Website and use the Website Service, we require that the Customer represents and warrants that the Customer
- will provide us with information that is complete, accurate and up to date;
- will not falsify any of their personal or professional information;
- will only maintain one account at any given time, and if a Customer’s account is ever suspended or terminated by us for any reason, they will not create another account;
- are not currently prohibited or otherwise restricted from using the Stitchkraft Website or Website Service;
- will not permit any other person to use their login details or otherwise gain access to their Account;
- are not a competitor of our business, or are not using the Website Service for reasons that compete with our business;
- will not violate any of our or any other person’s rights, including but limited to, intellectual property rights; and
- has full authority to enter into any agreement with us in connection with using the Stitchkraft Website or the Website Service, including but not limited to, agreeing to be bound by these Terms and Conditions, and doing so does not violate any other agreement which they have with any other party.
Additionally, the Customer acknowledges and agrees that they will be solely liable for any fees or other charges incurred by them in connection with using, accessing or browsing the Stitchkraft Website, including but not limited to software, hardware, equipment and internet usage charges.
- Stitchkraft Content is and remains the exclusive property of Stitchkraft.co, our affiliates, partners, licensors and/or content providers (as the case may be);
- the Customer is permitted to access Stitchkraft Content on the Stitchkraft Website in accordance with these Terms and Conditions and subject to all applicable legislation governing intellectual property, including but not limited to, the Copyright Act 1968 (Cth);
- the Customer’s use of Stitchkraft Content is for personal, informational and non-commercial purposes only and does not grant the Customer any rights in relation to any copyright, designs, trademarks or other intellectual property or material rights relating to Stitchkraft Content on the Stitchkraft Website; and
- the Customer will not modify, copy, duplicate, distribute or redistribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, sell or reuse any aspect of the Stitchkraft Website or Stitchkraft Content without our express written authorisation.
THIRD PARTY SITES
The Stitchkraft Website may contain links to other websites, applications or other products or services operated by third parties (Third Party Sites). Stitctkraft.co do not endorse, monitor or have control over, and are not responsible for the content or policies on any Third Party Sites.
Stitchkraft.co also does not make any warranties or representations as to the quality, accuracy or lawfulness of the content on any Third Party Sites. The Customer’s access of any Third Party Sites via the Stitchkraft Website is accordingly at their own risk and Stitchkraft.co recommends making enquires before relying on any content on any Third Party Sites.
LIMITATION OF LIABILITY
- Stitchkraft.co excludes all warranties and representations as to the correctness, accuracy, adequacy, completeness, currency, reliability, timeliness or usefulness of any information or other content contained on the Stitchkraft Website and reliance on the material on the Stitchkraft Website is at the risk of the Customer.
- Stitchkraft.co does not guarantee that the Stitchkraft Website, or the server supporting the Stitchkraft Website, is free from defects, viruses or other harmful components, or will be uninterrupted or error free; and
- neither Stitchkraft.co, nor its employees, officers, directors, contractors or agents, will be liable for any direct, indirect, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise), arising in connection with a Customer’s use of, or inability to use, the Stitchkraft Website, or reliance upon any of Stitchkraft.co’s content or other information contained on the Stitchkraft Website.
The Customer agrees to indemnify Stitchkraft.co against any action, liability, claim, loss, damage, proceeding, expense (including but not limited to legal costs) suffered or incurred by us, whether directly or indirectly, in connection with:
- the Customer’s breach or non-observance of any of these Terms and Conditions;
- any breach or inaccuracy in any of your representations or warranties; or
- the Customer’s use of the Stitchkraft Wesbite;
Nothing in these Terms and Conditions is to be read or applied so as to exclude, restrict, modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.