Secretly Scrapbooking sells and creates Goods which requires facilities for Payment. The Terms and Conditions outlined on this page relate specifically to the Secretly Scrapbooking Store.
The following outline and links provide a clear explanation of the Terms and Conditions that apply to the provision of these in addition to any others provided.
As this website is a shop cookies are mandatory for the site operation and therefore have been created on your browser. With respect to your privacy the cookies do not contain any session data or personally identifiable information on your machine and are used to allow us to generate a cart as a guest without creating an account.
We endeavour to keep the Terms and Conditions as current as possible however they may be updated without notice.
This statement was last updated on: 8th August 2018
“Secretly Scrapbooking”, “we” or “our” means Kristel Rimmer Trading as Secretly Scrapbooking under the ABN 42 669 078 223.
“Agreement” means any agreement between Secretly Scrapbooking and the Customer/Client in regards to Secretly Scrapbooking Terms and Conditions and any Statement of Work, written proposal, order or otherwise written agreement including through communication mediums (i.e facebook, e-mail) executed as a part of and in connection to the Goods and/or Services specified herein.
“Confidential Information” means any information relating to the business or financial affairs of a party or any trade secret, technical knowledge, concepts, ideas, designs, programs, processes, procedures, innovations, databases, customer lists or information, sales plans, marketing plans, research, software, records, intellectual property or other information concerning a party.
“Customer”, “Client”, “you” or “your” means the person accessing Secretly Scrapbooking websites, web content, web applications and/or a party who is purchasing Goods and/or Services from Secretly Scrapbooking, either directly or through a third-party provider.
“Deliverable” means any end product, software, equipment, material, solution, report or document, agreed to be delivered by Secretly Scrapbooking to the Customer in the performance of a Statement of Work, proposal, written agreement, and specifically referred to as a Deliverable in the applicable document.
“Fees” means the fees or the amount payable by the Customer for the Goods and/or Services as specified in any relevant purchase order, Statement of Work, proposal or written agreement, and as indicated in Secretly Scrapbooking’s Term and Conditions below or as supplied.
“Goods” means the products described in any online or website based store/shop, purchase order, Statement of Work, written proposal or written agreement.
“GST” means GST as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended and applies within Australia (GST Act or any replacement or any other relevant legislation and regulations).
“Payment” means the compensation required and agreed to by both parties, and outlined on any online or website based store/shop, purchase order, Statement of Work, written proposal or written agreement for a product or as a result of the performance of a service.
“Purchase” or “Purchasing” means the act of buying Goods and/or Services.
“Service” means the delivery or performance of a service described in any online or website based store/shop, purchase order, Statement of Work, written proposal or written agreement.
“Statement of Work” means a document that is agreed to by the parties, that outlines the Goods and/or Services to be purchased, timeframe for Goods and/or Services to be delivered or completed, the relevant fees, payment agreement and any additional information that applies.
“Terms and Conditions” means the term and conditions of supply and/or use as set out in this document and any special Terms and Conditions that are supplied by Secretly Scrapbooking in writing to be agreed upon.
If you are under the 18 years of age you cannot place orders with Secretly Scrapbooking. By accepting these Terms and Conditions you acknowledge that you are 18 years of age or over. Any transaction initiated by a minor, must be done so with the written and informed consent both of themselves and of the parents and/or guardians of the minor.
Secretly Scrapbooking takes reasonable steps and care to ensure that the website is secure and free of malicious software. However, Secretly Scrapbooking cannot guarantee that any data or program available for download on its websites, web applications or websites that are linked to that are operated by third parties shall be free of viruses, spyware or other malicious software. You as the user must agree that you assume the risk of any damage to your computer/device or its software as a result of using our websites, web content or web applications.
Secretly Scrapbooking operated websites and web applications contain information from, or hyperlinks to, websites or web content that is operated/hosted by third parties. Secretly Scrapbooking provides such information, content and hyperlinks for your convenience but is not responsible for and does not endorse the content of any such information, content or website.
Secretly Scrapbooking provides websites, web applications and their content on an “as is” basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on them. Secretly Scrapbooking will not be liable in contact, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with our websites, web content and web applications.
Your information must be handled in accordance with the Privacy Act 1988, this is detailed on our Privacy statement page via this link.
To enable Secretly Scrapbooking to perform its obligations the Customer shall:
Co-operate with Secretly Scrapbooking;
Provide Secretly Scrapbooking with any information reasonably required;
Keep Secretly Scrapbooking notified of their correct name and contact information inclusive of postal address and electronic contact information (i.e. email);
Comply with such other requirements as agreed between the parties verbally, written or otherwise; and
Comply with all legal and statutory requirements - particularly in regards to data protection, confidentiality and intellectual property.
The Customer warrants that they have the necessary rights to use their payment facility or card (i.e. credit, debit or eftpos card) and that they are fully authorised to use it to pay for Purchases, both immediate and future. The Customer also warrants that this facility or card gives access to the sufficient funds corresponding to the amount of the Goods and/or Services they are Purchasing, both immediate and future. Failing this, Secretly Scrapbooking reserves the right to cancel the Purchase according to the conditions set out.
Please Note: As the Secretly Scrapbooking Store is an online facility; our primary means of communication with you will be via the email address which you are required to provide with every purchase. Secretly Scrapbooking will not be held responsible for any missed communication due to the email address being incorrect. If you have more than one email address, please check all email accounts before contacting Secretly Scrapbooking.
Secretly Scrapbooking accepts all responsibility for the condition of any goods available for purchase and shall take reasonable measures to ensure that any materials supplied shall be free of defects at the point of dispatch. Keep in mind that handcrafted goods are more susceptable to defects and depending on the materials used, it may not be possible for Secretly Scrapbooking to deliver goods that do not have defects.
Secretly Scrapbooking sells goods to customers through online or web based shops/stores or through Agreements and only within Australia for physical goods. All orders for Goods are subject to confirmation and acceptance by Secretly Scrapbooking with the Goods remaining the property of Secretly Scrapbooking until full payment is received. All prices are provided in Australian Dollars (AUD) and include GST (Goods and Services Tax) as applicable.
Secretly Scrapbooking provides shipping within Australia only originating from Bunbury, Western Australia. Shipping costs are only applied to physical goods purchased from the Secretly Scrapbooking Store. Shipping is provided by our shipping provider, Australia Post, which will incur charges that are estimated at the checkout and applied as a firm offering. This means that the shipping cost is calculated using information provided by the shipping provider and accounts for fixed, variable, material and all other costs required to ship an item from our nominated source location to the shipping address provided. We in no way guarantee or imply that the amount you pay for shipping is an accurate representation of what Secretly Scrapbooking will actually pay for the shipping with its provider and the amount charged shall be considered final provided that you, the Customer, provide accurate and valid shipping information. The shipping destination must be a valid street address or other address capable of receiving parcels from Australia Post and explicitly excludes PO Boxes as a destination address. Failure by the Customer to provide accurate and valid shipping information may incur additional charges, delays and Secretly Scrapbooking reserves the right to cancel and process a refund rather than ship your Goods in the case that this occurs. Secretly Scrapbooking reserves the right to consider accurate and valid shipping information to include any element that the shipping provider requires to complete your order and we take no responsibility or liability for your order after it has been processed with the shipping provider and, when issued by the provider, a tracking number is issued to you. Secretly Scrapbooking relays information provided by the shipping provider and provides no warranty with relation to insurance, signature on delivery, delivery, transportation duration or delays and simply provides the function of packaging and shipping items through our providers service which ends upon notification and, when issued by
the provider, supply of an associated tracking number.
This online or web based shop/store is located at “shop.secretlyscrapbooking.com.au” and make available Goods of a physical nature which require shipping or collection. All orders for Goods placed with Secretly Scrapbooking requires payment in full as per the Terms and Conditions relating to the supply of the Goods. The requirement for partial, incremental or full repayment are not available for purchases made through the Secretly Scrapbooking Store. Payments through the online store can be made through the available payment providers or through approved credit / debit cards within the bounds of Australian Law. Secretly Scrapbooking will issue a record of payment in electronic form to the customer and an administration charge will apply for any further requests for copies. Secretly Scrapbooking reserves the right to modify, update or run sales/promotions/discount offerings on any Goods and/or Services at any time and without notice. Secretly Scrapbooking reserves the right to change the price or Terms and Conditions of any Goods and/or Services at any time. The price committed to at the time of an order or Agreement for any Goods and/or Services shall not be changed and no refund shall be provided for any difference in price should the price decrease afterwards.
Payments shall be processed through third party providers for online payments. The third-party providers are required to complete transactions within a secure environment that is compliant with Secretly Scrapbooking’s security standards.
Secretly Scrapbooking’s online payments are processed through a payment provider, namely Paypal and/or Square. Paypal and Square handle credit card transactions through their infrastructure to allow them to provide the highest level of security. Paypal and Square apply fees and surcharges to payments, however, Secretly Scrapbooking absorbs these costs unless you are explicitly informed otherwise. Secretly Scrapbooking utilises SSL encryption on Secretly Scrapbooking websites and web applications as standard which provides some level of protection for any activities conducted on the website prior to redirections.
Secretly Scrapbooking reserves the right to increase Fees and Charges on any selected Good and/or Service, provided there is not a current signed Agreement or Order that states otherwise.
Secretly Scrapbooking is committed to providing Goods to clients to the quality expected of our business. Secretly Scrapbooking understands that there may come a time where we fail to meet this expectation and we are happy to work with the Customer to resolve the issue within 10 business days. Where it is not possible to resolve the issue with a Good and/or Service or within the specified timeframe we may offer the Customer the option to receive a full or partial refund. A full or partial refund shall only be provided if the issue constitutes a major problem as defined by the ACCC or if deemed appropriate by Secretly Scrapbooking.
Secretly Scrapbooking takes the refund process seriously and any client requesting a refund should submit their request via e-mail to firstname.lastname@example.org. The e-mail should include any information you have available regarding the Good, generic payment method information (please do not indlude credit card or account numbers), the reason for the requested refund and appropriate contact details. Secretly Scrapbooking shall contact the Customer regarding the requested refund and if there it is agreed to process the refund, this will be carried out within 10 business days. The Customer will be provided with a receipt for the refund via e-mail once the refund transaction has been processed.
Should you wish to inform yourself of your rights with regards to refunds for Goods and/or Services, you may visit the ACCC website via this link.
This section determines the Terms and Conditions relating to an Agreement being terminated by either party.
Either party may terminate an Agreement immediately by written notice to the other party if the other party breaches any provision of an Agreement, and the breach has not been remedied within ten (10) business days after written notice of the breach has been provided to the offending party.
Either party may terminate an Agreement immediately by written notice to the other party if the other party:
(a) fails to make a payment within the time period specified under the Agreement;
(b) becomes, threatens or resolves to become Insolvent; or
© ceases or threatens to cease conducting business in the normal manner.
Upon termination of an Agreement, the Customer shall pay to Secretly Scrapbooking any outstanding amounts (either billed or accrued) which are payable to Secretly Scrapbooking as of the date of termination.
Upon termination of an Agreement, each party must return, or destroy, at the other party’s option, all copies of documentation and information relating to the other party’s business (in whatever form it is held including but not limited to written, graphic or electromagnetic form) in that party’s possession or control. Such information includes, without limitation, any Confidential Information and any records relating to a party’s Intellectual Property, excepting when the law states otherwise.
Termination of an Agreement will not prejudice any rights or any claim that either party may have accrued against the other party up to the date of termination including, without limitation, any claim for damages as a result of the occurrence of an event which gives rise to a right of termination.
Your information must be handled in accordance with the Privacy Act 1988, this is detailed on our Privacy statement page via this link.
All intellectual property rights in Goods, products, software, documents and materials generated by Secretly Scrapbooking in connection with the engagement of Secretly Scrapbooking shall be owned by Secretly Scrapbooking. If any Good or Product includes software or other intellectual property, such software or other intellectual property provided by Secretly Scrapbooking to the Customer is subject to the copyright and user license, if any, for such Products, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. The Customer acknowledges and understands that any Products ordered or to supplied to the Customer, by Secretly Scrapbooking from a third-party provider constitutes that Secretly Scrapbooking is not liable to Customer or any third party for any copyright, design or patent issue, right or claim that may arise in relation to any Product.
This term applies to any and all websites, web content or web applications that Secretly Scrapbooking owns and operates.
Secretly Scrapbooking owns or is licensed to use all content and other material appearing on or hosted through websites or web applications that it owns and operates. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Secretly Scrapbooking. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Secretly Scrapbooking or of the relevant trade mark owner.
If you believe copyright work that is available on this site constitutes copyright infringement or a breach of agreed licence or contract please contact us via e-mail to email@example.com
All material including written content, images, electronic and through any other medium, can only be used in the format for which Secretly Scrapbooking issues them and cannot be used in any other format other than how it has been supplied. Any unauthorised use of the materials contained on this site is prohibited. No part of this work or may be reproduced, stored in a retrieval system, communicated or transmitted in any form by any means without prior permission. Aforementioned means is inclusive of electronic, mechanical, photocopying, recording or otherwise. Where any such copies are considered reasonable and necessary Secretly Scrapbooking will provide written permission unless required for commercial use and such requests would be declined.
If you are in the business of creating similar documents, Goods and/or Services for the purpose of providing them for a Fee or in exchange for any other form of commercial exchange to users, whether they be business users or domestic users, then you are a competitor of Secretly Scrapbooking. Secretly Scrapbooking expressly excludes and does not permit you to use or access our websites or web applications (directly or indirectly), to download or duplicate any designs, documents or information from its website or obtain any such documents or information through a third party. If you breach this term, then Secretly Scrapbooking will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Secretly Scrapbooking reserves the right to exclude and deny any person access to our websites/web applications, services or information at our sole discretion.
The Goods and/or Services are provided “as is” and with all faults. In particular, Secretly Scrapbooking does not represent or warrant that the Goods and/or Services or deliverables will meet the Customer’s requirements or will be uninterrupted, timely, secure or error-free. To the maximum extent permitted by law, Secretly Scrapbooking disclaims any and all warranties or conditions of any kind, whether express, implied or statutory, including, but not limited to, warranties or conditions of merchantability and fitness for a particular purpose. If, and to the extent any warranties or conditions cannot be excluded, restricted or modified, Secretly Scrapbooking’s sole and exclusive liability and the Customer’s sole and exclusive remedy in respect of any claim under such warranty or condition shall be, at the option of Secretly Scrapbooking, supplying the Goods and/or Services again or refunding to the customer all amounts paid by the Customer for the affected Goods and/or Services. In addition, the information contained on the Secretly Scrapbooking Store website may contain technical inaccuracies or typographical errors. All liability of Secretly Scrapbooking Store howsoever arising for inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Nothing in these Terms and Conditions shall exclude or limit the liability of Secretly Scrapbooking for death or personal injury. However, Secretly Scrapbooking shall not be liable for any direct loss or damage suffered by the Customer howsoever caused as a result of negligence, breach of contract or otherwise in excess of the price of the Goods and/or Services.
Secretly Scrapbooking shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
Secretly Scrapbooking does not accept any liability for any injury, loss or damage incurred by use of or reliance on the information.
To the maximum extent permitted by law, under no circumstances will Secretly Scrapbooking be liable to the Customer on account of any claim (whether based in contract, negligence or other tort, breach of any statutory duty or otherwise) for any special, consequential, indirect, incidental or exemplary damages, or for any loss of profits, revenue, interest, goodwill, loss or corruption of data or for any loss of or interruption to the Customer or the Customer’s business, or for any damages or sums paid by the Customer to third parties, even if Secretly Scrapbooking has been advised of the possibility of such damages. In the event of any breach by Secretly Scrapbooking of this agreement that results in direct damages Secretly Scrapbooking’s liability for such damages shall not exceed the total amount paid by the Customer to Secretly Scrapbooking hereunder.
Secretly Scrapbooking shall have no liability to the Customer if we are prevented from or delayed in performing our obligations under any Agreement or from carrying on our business by acts, events, omissions or accidents beyond Secretly Scrapbooking’s reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of or the workforce of a supplier or any third party), failure of a utility service or transport network, act of God, inclement weather war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
Failure of either party to insist upon strict performance of any provision of Terms and Conditions, any Agreement or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under Terms and Conditions or any Agreement. No waiver of any of the provisions of Terms and Conditions or any Agreement shall be effective unless it is expressly stated to be such and signed by both parties.
Secretly Scrapbooking provides Goods, Services and hosts/operates its websites, content and web applications from within Australia, specifically Western Australia. The laws of Western Australia govern these Terms and Conditions, and you agree to submit to the non-exclusive jurisdiction of the courts of Western Australia. You agree to be responsible for compliance with applicable local laws if you purchase or access our goods, services, websites, content or web applications outside of Australia.