1. OVERVIEW

A. Welcome to http://www.katealexander.studio

B. Throughout this website, http://www.katealexander.studio (the ‘Seller’) will provide you ( the ‘Purchaser’) with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Product’).

C. The Website provides this service by way of granting the Purchaser access to the content on the Website (the ‘Purchase’).

D. The Website is operated by Kate Alexander (ABN 31337315095). Access to and use of the Website, or any of its associated Products or Services, is provided by the Seller.

E. Please read these terms and conditions (the ‘Terms’) carefully.

F. By using, browsing and/or reading the Website, this signifies that the Purchaser has read, understood and agreed to be bound by the Terms. If the Purchaser does not agree with the Terms, the Purchaser must cease usage of the Website, or any of Services, immediately.

2. ACCEPTANCE OF THE TERMS

The Purchaser accepts the Terms by remaining on the Website. The Purchaser may also be requested accept the Terms by clicking to accept or agree to the Terms where this option is made available.

3. REGISTRATION TO USE THE PURCHASE

(a) In order to access the Purchase, the Purchaser must first register as a Purchaser of the Website. As part of the registration process, or as part of the Purchaser’s continued use of the Purchase, the Purchaser may be required to provide personal information about the Purchaser (such as identification or contact details), including:

i. Email address;

ii. Mailing address;

iii. Telephone number;

iv. Password; and

v. http://www.katealexander.studio

(b) The Purchaser warrants that any information the Purchaser gives to the Seller in the course of completing the registration process will always be accurate, correct and up to date.

(c) Once the Purchaser has completed the registration process, the Purchaser will be a registered member of the Website (the ‘Member’) and agree to be bound by the

Terms. As a Member, the Purchaser will be granted immediate access to the Purchase.

(d) The Purchaser may not use the Purchase and may not accept the Terms if are:

(i) you are not of legal age to form a binding contract with the Seller; or

(ii) you are a person barred from receiving the Purchase under the laws of

Australia or other countries including the country in which the Purchaser is resident or from which the Purchaser uses the Purchase.

4. OBLIGATIONS AS A PURCHASER

(a) The Purchaser, hereby agrees to comply with the following and use the Purchase 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. the Purchaser has the sole responsibility for protecting the confidentiality of password and/or email address. Use of password by any other person may result in the immediate cancellation of the Purchase;

iv. any use of the Purchaser’s registration information by any other person, or third parties, is strictly prohibited. The Purchaser agree to immediately notify the Seller of any unauthorised use of password or email address or any breach of security of which the Purchaser have become aware;

v. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by the Purchaser for the purposes of the Seller providing the Purchase;

Liability limited by a scheme approved under the Professional Standards Legislation.

vi. the Purchaser will not use the Purchase 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. the Purchaser agrees 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. Appropriate legal action will be taken by the Seller for any illegal or unauthorised use of the Website;

and

viii. the Purchaser acknowledges and agrees that any automated use of the Website or its Purchase is prohibited.

(b) the Purchaser reserves the right to terminate the Purchaser’s use of the Service or any related Website for violating any of these clauses.

5. PERSONAL INFORMATION

The Purchaser’s submission of Personal Information through the store is governed by the Seller’s Privacy Policy. To view the Privacy Policy, return to the main menu and select Privacy Policy.

6. PURCHASE OF PRODUCTS

(a) In Purchasing the Product through the Website, the Purchaser 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 Stripe or PayPal (the ‘Payment Gateway Providers’). In the Purchase, the Purchaser warrants to familiarise 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 the Seller, the Purchaser will be issued with a receipt to confirm that the payment has been

received and may record the Purchaser’s purchase details for future use.

Liability limited by a scheme approved under the Professional Standards Legislation.

7. REFUND AND RETURNS POLICY

(a) All Seller’s Products are custom made, therefore cannot accept returns or offer refunds.

(b) The Purchaser is entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality, damaged and the failure does not amount to a major failure (Warranty). The Purchaser will need to report this damage within one week from the received delivery. The Purchaser may be entitled to a refund or return if the Product is damaged prior to being delivered to the Purchaser. If any of these apply, please contact the Seller at support@katealexander.studio, within 7 days after with photos of wrong/damaged items and we’ll sort that out for the Purchaser.

(c) No refunds or returns for change of mind on the Seller’s Products are offered.

(d) In case there is any issue with the Purchaser’s delivery, please contact the Seller within 7 days from when the Purchaser’s order shows as delivered and will do everything to investigate and find a solution.

(e) If the Purchaser provides a wrong address that is considered insufficient by the courier, the shipment will be returned to the Seller’s print partner and may be disposed

of. Should the Purchaser want to be sent another Product with an updated address, the Purchaser will be liable for the costs of the new order.

(f) Shipments that go unclaimed are returned to the Seller and are disposed of. Should the Purchaser want to be sent another Product, the Purchaser will be liable for the

costs of the new order.

(g) The Purchaser acknowledges and agrees that the Purchaser is liable for any postage and shipping costs associated with any refund pursuant to this clause.

(h) Please be advised that our fulfilment partner, Gelato, has their own shipping policies and may change their terms from time to time. Before accepting our terms and

conditions, we recommend reading through their terms which can be accessed through this link https://www.gelato.com/legal/api-terms.

(i) If any of the terms and conditions of Gelato or any other fulfilment partner we are using change and we are no longer able to fulfil your purchase order, we will refund

any payment to the account or card that the purchase was made from.

Liability limited by a scheme approved under the Professional Standards Legislation.

8. MODIFICATIONS TO THE PURCHASE AND PRICES

(a) Prices for the Products are subject to change without notice prior to Purchase.

(b) The Seller reserves the right at any time to modify or discontinue the Service (or any part or content thereof) with notice at any time after Purchase and provide a refund or any paid Purchases.

(c) The Seller will not be liable to the Purchaser or to any third-party for any modification, price change, suspension or discontinuance of the Service.

9. DELIVERY

(a) The Purchaser acknowledges that the Purchase offered by the Seller integrates delivery (the ‘Delivery Services’) through the use of third party delivery companies that are partners or contractors of our fulfillment partner, Gelato (the ‘Delivery Service Providers’).

(b) The Purchase may provide the Purchaser with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. The Purchaser acknowledges and agrees that the Seller is not the provider of these delivery and insurance options and merely facilitates the Purchaser’s interaction with the Delivery Service Providers in respect to providing the Delivery Services.

(c) Please be advised that our Delivery Service Provider, Gelato, has their own delivery and returns policies and may change their terms from time to time. Before accepting our terms and conditions, we recommend reading through their terms which can be accessed through this link https://www.gelato.com/legal/api-terms.

(d) If any of the terms and conditions of Gelato or any other fulfilment partner we are using change and we are no longer able to fulfil your purchase order, we will refund

any payment to the account or card that the purchase was made from.

(e) In the event that an item is lost or damaged in the course of the Delivery Services, the Seller requests that the Purchaser:

i. contact Gelato or the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

ii. contact the Seller by sending an email to support@katealexander.studio outlining in what way the Products were damaged in transit so that the Seller is able to determine if the Delivery Service Provider should be removed from the Purchase.

10. WARRANTY

(a) All Products come with guarantees that cannot be excluded under the Australian Consumer Law. The Purchaser is 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 (Warranty).

(b) The Purchaser may make a claim under this clause (Warranty Claim) for material defects and workmanship in the Products within 14 days from the date of purchase (Warranty Period).

(c) In order to make a Warranty Claim during the Warranty Period, the Purchaser must provide proof of purchase to the Seller 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 the Seller by email at support@katealexander.studio

(d) Where the Warranty Claim is accepted then the Seller 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 the Purchaser for parts or labour. The Purchaser acknowledges and agrees solely to be liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

(f) This Warranty shall be the sole and exclusive warranty granted by the Seller and shall be the sole and exclusive remedy available to the Purchaser in addition to other rights and under a law in relation to the Products to which this warranty relates.

(g) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

(h) 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.

(i) Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Seller’s liability shall be limited to the maximum extent permitted by law in the state of New South Wales, Australia.

11. COPYRIGHT, INTELLECTUAL PROPERTY AND PRIVACY

(a) The Website, the Purchase and all of the related Products of the Seller 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) (Content) are owned or controlled for these purposes, and are reserved by the Seller or its contributors.

(b) The Seller retains all rights, title and interest in and to the Website and all related content. Nothing the Purchaser does on or in relation to the Website will transfer to the Purchaser:

i. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of the Seller; or

ii. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

iii. 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) The Purchaser may not, without the prior written permission of the Seller 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.

(d) The Seller take privacy seriously and any information provided through the Purchaser’s use of the Website and/or the Purchase are subject to the Seller’s Privacy Policy, which is available on this Website and it can be accessed from the main menu under Privacy Policy.

(e) The Seller confirms that when the Purchaser discloses personal information (the ‘Personal Information’) it will be in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Please refer to the Seller’s Website for more information.

12. GENERAL DISCLAIMER

(a) The Purchaser acknowledge that http://www.katealexander.studio does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

(b) The Seller will make every effort to ensure a Product is accurately depicted on the Website, however, the Purchaser acknowledges 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. the Seller will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from the Seller’s 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 or these Terms (including as a result of not being able to use the Purchase or the late supply of the Purchase), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(e) Use of the Website, the Purchase, and any of the Products of the Seller (including the Delivery Services), is at the Purchaser’s own risk.

(f) Everything on the Website, the Purchase, and the Products of the Seller, are provided to the Purchaser 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 including any third party where the Delivery

Services are made available to the Purchaser) make any express or implied representation or warranty about its Content or any Products or Purchase (including the Products or Purchase of the Seller ) referred to on the Seller’s Website. This includes (but is not restricted to loss or damage the Purchaser might suffer as a result of any of the following:

iii. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus orother harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

iv. the accuracy, suitability or currency of any information on the Website, the Purchase, or any of its Content related Products (including third party material and advertisements on the Website);

v. costs incurred as a result of the Purchaser using the Website, the Purchase or any of the Products;

vi. the Content or operation in respect to links which are provided for the Purchaser's convenience;

vii. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

viii. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

13. LIMITATION OF LIABILITY

(a) The Seller’s total liability arising out of or in connection with the Purchase 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 the Purchaser under these Terms or where the Purchaser has not paid the Purchase

Price, then the total liability of the Seller is the resupply of information or Purchase to the Purchaser.

(b) The Purchaser expressly understands and agrees that We, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to the Purchaser for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by the Purchaser, 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) The Seller 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, whether posted or caused by the Purchaser’s use of the Website of the Seller by third-parties or by any of the Purchase offered by http://www.katealexander.studio

(d) The Purchaser acknowledge that http://www.katealexander.studio does not provide the Delivery Services to the Purchaser and agrees that http://www.katealexander.studio will not be liable to the Purchaser 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.

14. TERMINATION OF CONTRACT

(a) The Terms will continue to apply until terminated by either the Purchaser or by the Seller as set out below.

(b) If the Purchaser want to terminate the Terms, the Purchaser may do so by:

i. notifying the Seller at any time; and

ii. closing the Purchaser’s account for all of the Purchase which the Purchaser uses, where the Seller has made this option available to the Purchaser.

(c) The Purchaser’s notice should be sent, in writing, to the Seller via the 'Contact Us' link on the Seller’s Website or in clause 22.

(d) The Seller may at any time, terminate the Terms with the Purchaser if:

i. the Purchaser have breached any provision of the Terms or intend to breach any provision;

ii. the Seller is required to do so by law;

iii. the partner with whom the Seller offered the Purchase to the Purchaser has terminated its relationship with the Seller or ceased to offer the Purchase to the Purchaser;

iv. the Seller is transitioning to no longer providing the Purchase to the Purchaser in the country in which the Purchaser is a resident or from which the Purchaser use the service; or

v. the provision of the Purchase to the Purchaser by the Seller, in the opinion of the Seller, no longer commercially viable.

(e) Subject to local applicable laws, the Seller reserves the right to discontinue or cancel the Purchaser’s membership to the Website at any time and may suspend or deny, in its sole discretion, the Purchaser’s access to all or any portion of the Website or the Purchase without notice if the Purchaser breach any provision of the Terms or any

applicable law or if the Purchaser’s conduct impact the Purchaser’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 the Purchaser and the Seller 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.

15. INDEMNITY

(a) The Purchaser agree to indemnify the Seller, 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 the Purchaser posts through

the Website;

ii. any direct or indirect consequences of the Purchaser accessing, using or transacting on the Website or attempts to do so and any breach by the Purchaser or the Purchaser’s agents of these Terms; and/or

iii. any breach of the Terms.

(b) The Seller simultaneously agrees to indemnify and protect the Purchaser from:

i. any damages, losses, liabilities, settlements, and costs (including but not limited to legal expenses and fees) resulting from the Seller; and

ii. negligence, deliberate misconduct, any violation of these Terms and

Conditions or of any laws relevant to the provision of its Products/Service under these Terms and Conditions.

16. DISPUTE RESOLUTION

(a) 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) 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) On receipt of that notice (the ‘Notice’) by that other party, the parties to the Terms (the ‘Parties’) must:

i. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which the Seller may mutually agree;

ii. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Purchaser must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the

President of the Institute of Arbitrators and Mediators, or President of the Law Society, or their 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 undertaking 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 New South Wales, Australia.

(d) 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) If 2 months 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.

17. VENUE AND JURISDICTION

The Purchases offered are intended to be used worldwide. In the event of any dispute arising out of or in relation to the Website, the Purchaser hereby agrees that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

18. GOVERNING LAW

The Terms are governed by the laws of New South Wales, 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 New South Wales 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.

19. CHANGES TO TERMS OF SERVICE

The Purchaser can review the most current version of the Terms of Service at any time at this page. The Seller reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Seller updates the Terms, it will use reasonable endeavours to provide the Purchaser with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before the Purchaser continues, the Seller recommends that the Purchaser keep a copy of the Terms for the Purchaser’s records. The Purchaser’s continued use of or access to the Seller’s Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

20. SEEKING INDEPENDENT LEGAL AND FINANCIAL ADVICE

The Purchaser acknowledges to:

(a) sought independent legal and financial advice prior to accepting these Terms and Conditions;

(b) carefully reviews every part of these Terms and Conditions and understand its legal and financial obligations; and

(c) been afforded the opportunity to obtain independent legal and financial advice, confirmed by the access of these Terms and Conditions that the Purchaser have either done so or waived their right to do so in connection with the entering onto the Seller’s Website.

21. SEVERANCE

Liability limited by a scheme approved under the Professional Standards Legislation.

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.

22. CONTACT INFORMATION

Any questions or concerns regarding the Terms and Conditions should be directed to the Seller at support@katealexander.studio