Your use of the www.framer.com.au website (Website) including accessing or browsing the Website or uploading any material to the Website is deemed to be your acceptance of these Terms and Conditions. Please read these carefully and if you do not accept the Terms and Conditions set out below please exit the Website and refrain from using the Website.
1. Intellectual Property
Framer & Co Pty Ltd (‘Framer’) use the word ‘Framer’ as a trade mark in Australia (‘Trade Mark’). You are not permitted to use the Trade Mark or any other trademarks which belong or are licensed to Framer or any of Framer’s Intellectual Property located on the Website without Framer’s prior written authorisation.
The information, images and text on the website are copyright to or licensed to Framer. Trademarks used on the Website to describe other companies and their products or services are trademarks which belong to or are licensed to those companies (Other Trade Marks). The Other Trade Marks are displayed on the Website to provide information to you about other products or services which are used by Framer via the Website. You agree not to download, copy, reproduce or in any way use the Other Trade Marks without authorisation from the owner/s of the Other Trade Marks.
You acknowledge that you are expressly prohibited from using the phrase ‘Framer’ or any part of the Website domain name without the written consent of Framer.
2. Information and Liability
You acknowledge that Framer is not liable or responsible for any errors or omissions in the content of the Website. The material contained on the Website is provided for general information purposes only. Framer make no warranties as to the accuracy in relation to the information or material contained on the Website.
You acknowledge that there are risks associated with using the internet and World Wide Web and to the fullest extent permitted by law, Framer or its affiliates or subsidiaries are not liable for any direct or indirect damages or losses arising by way of your use or access to the Website.
You acknowledge that Framer makes no warranty that the Website will meet your user requirements or that the information contained on the Website or your use of the Website will be uninterrupted, timely, secure, error free, accurate, virus-free or compliant with legislation or regulations.
You acknowledge and agree that Framer have no liability of any kind either express or implied with respect to any claims arising in any way from your use of the Website, by virtue of the information provided in downloadable resources or contained on the Website.
You acknowledge that Framer may from time to time improve or make changes to the Website to upgrade security on the Website, update information on the Website or for any other reason in Framer‘s sole discretion.
You acknowledge that you are responsible for ensuring the protection of your electronic equipment when accessing or browsing the Website and unreservedly hold Framer harmless in respect to damage sustained to your electronic equipment or losses incurred by you as a result of the Website.
Whilst Framer agrees to ensure that all Personal Information which you provide is kept secure, you acknowledge that Framer is committed to fully cooperating with any law enforcement authorities relating to any lawful request for disclosure of your Personal Information which may include providing your Personal Information to the relevant authorities.
4. Your Conduct
You agree not to engage in any activity that is disruptive or is detrimental to the operation or function of the Website. You are prohibited from positing or transmitting unlawful, threatening, defamatory, obscene, or profane material on the Website. You acknowledge that Framer has the right to refuse to print any distasteful, obscene, unlawful, defamatory or profane images.
Framer may prevent you from accessing the Website if in Framer’s sole opinion you have violated or acted inconsistently with these Terms and Conditions.
5. Links and Advertisements
You acknowledge that any links or advertisements containing links to external websites that are provided or located on the Website are for convenience only. Framer does not endorse or make any warranty with respect to any external websites or to the accuracy or reliability of the links or advertisements contained on the Website.
You acknowledge that items, resources or learning material which are advertised or displayed on the Website may not be available to purchase or download at the time you access the Website
If any part of these Terms & Conditions is held to be illegal or unenforceable, you authorise Framer to amend or sever that part of the Terms & Conditions in order to make that part legal and enforceable or to ensure that the remaining parts of the Terms & Conditions remain in full force and effect.
You acknowledge that Framer may vary these Terms & Conditions at any time and you agree to be bound by that variation effective immediately. You understand that it is your responsibility to regularly check these Terms and Conditions so that you are aware of any variations which apply. Your continued use of the Website constitutes your agreement to these Terms and Conditions and any variations to these Terms and Conditions.
7. Applicable Law
You agree that the content of this Website is intended for Australian residents only and the laws of the State of New South Wales will apply with respect to these Terms and Conditions and your use of the Website. You submit to the exclusive jurisdiction of the applicable Courts located in the State of New South Wales, Australia with respect to the Website, and these Terms and Conditions.
8. Return Policy
You acknowledge that Framer will not provide any exchanges for any orders that have been processed by Framer for any products. You acknowledge that if your product arrives damaged or if your product was made incorrectly, Framer in Framer’s sole discretion will either refund the order or replace the product at no additional charge. You agree that if you do not inform Framer of a damaged or faulty product after 7 days you will no longer be entitled to a refund or replacement. You agree that ‘change of mind’ is not sufficient cause for a refund or replacement of the product. You acknowledge that if you request that Framer cancel an order, Framer in its sole discretion will only do so if work has not commenced.
You acknowledge that the use of any discount code for a reduction to the cost of the product (‘the code’) is limited to one use per customer. You also acknowledge that the code will only be valid for the duration of the promotion.
10. Dry Mounting
You agree that Framer may dry mount any print, photo, poster, or image to ensure the product does not ripple. You further acknowledge that this process is irreversible and Framer is not liable for any damage or loss caused by dry mounting an image or photograph supplied by you.
11. Digital upload orders
You acknowledge that you may provide Framer with a digital copy of your photo, artwork, and images (“Digital Image”). You further acknowledge that Framer will only print the Digital Image and frame it according to the specifications that you provide on the Website. You agree that Framer reserves the right to refuse to print any Digital Images that Framer has reasonable reason to believe that the printing the Digital Image would result in a breach of copyright law.
You also acknowledge that Framer has the right to refuse to print any distasteful, obscene, unlawful, defamatory or profane digital images. In the event that Framer refuses to print a Digital Image the order will be cancelled and Framer will refund any payment made by you.
You acknowledge that Framer has the right to photograph your finished frame which may include your Digital Image and Framer may display the photograph in online marketing including but not limited to social media marketing.
12. Mail In Orders
You acknowledge that it is your sole responsibly to measure the size of your item and ensuring that it fits within the standard set sizes that Framer offers. If your item is received by Framer and Framer decides that your item has not been measured correctly, you are responsible for paying any additional costs incurred by Framer for producing the custom frame for your item. Framer will contact you to discuss any additional charges before proceeding.
Framer ensures that your artwork and photos are safely stored when in transit sent to you and whilst in Framer’s possession. Framer will ensure that you are able to track your orders that are shipped to you by Framer.
In the event that an order placed by you with Framer is lost or damaged while the order is in Framer’s possession or during transit from Framer to you and you have used the packaging provided by Framer and followed the provided packaging instructions, Framer will in Framer’s sole discretion:
(i) If available replace your artwork; or
(ii) Offer an agreed monetary payment to you of up to $500.00. Such amount will be determined between you and Framer based on the reasonable value; or
In the event that an order placed by you with Framer is lost or damaged while the order is in Framer’s possession or during transit from Framer to you, you have used the packaging provided by Framer and followed the packaging instructions, and Framer in its sole discretion determines that the artwork is valued at more than $500.00 Framer will in its sole discretion:
(i) If available replace your artwork; or
(ii) Offer an agreed monetary payment to you of up to $10,000.00 subject to you providing Framer with the following at your cost:
- An independent valuation performed by an accredited specialists; or
- A certificate of valuation.
You acknowledge that Framer is not liable to replace your item or provide you with any monetary payment for goods that are sent to Framer and are lost or damaged if you do not comply with our packaging specifications or if you use packaging materials and methods that are not supplier or specified by Framer.
You also acknowledge that Framer has the right to refuse to frame any distasteful, obscene, unlawful, defamatory or profane artworks. In the event that Framer refuses to frame your, your order will be cancelled and Framer will refund any payment made by you.
Framer will provide you with an estimated shipping date for your order. Please note that this estimate is based on factors which include but are not limited to the day the image or Digital Image is received by Framer, any payment processing time, and the availability of products. The shipping date is the date in which the order will be shipped to you, and it will not include transit time to arrive. Framer currently only ships to Australian addresses.
You acknowledge that Framer may attempt to contact you for the purpose of obtaining consent to use your images. If you provide your consent you agree to allow Framer to use your Image for Framer’s marketing materials, display the image in advertisements, show the image in an example product frame, and display the image in other material in Framer’s sole discretion on the Website.
Content provided to Framer including but not limited to photos, Digital Images, or written material (“Submitted Content”), will remain the property of the Intellectual Property owner of said Submitted Content. However, you acknowledge that Framer has the right to photograph your finished frame which may include your Artwork or Digital Image and Framer may display the photograph in online marketing including but not limited to social media marketing. Framer will attempt to communicate with the Intellectual Property owner for the purpose of obtaining consent to give Framer the rights to use, publicly display, distribute and reproduce the Submitted Content for Framer’s marketing and advertisements
15. Personal Accounts
To Create a Framer account, you will be asked to provide a Username, Password, and email address (“Account Information”). You acknowledge that it is against the terms and conditions to provide your Account Information to any third party. Framer uses your Account Information to confirm your Identity for orders and other services. Do not allow anyone else to know or use your Account Information without your Consent.
You agree to not use anyone else’s Framer Account or Account Information unless you have permission from the actual Account holder. You also agree that you will not register more than one Account, and that you will not register an Account for someone else unless that person has provided you with their permission to do so. If you believe that your Account Information has been compromised, or that your Account has been used without your permission contact Framer immediately.