Terms of Service/Use

This Website is operated by TANIA MELICK (referred to as we/us/our/me/I). Please read all the important information below.

These Terms apply in relation to any goods or products we sell on this website, or as a result of correspondence based through this website.

By using our Website and/or placing an order with us, you are accepting these Terms. If you do not agree to these terms and conditions (Terms), please do not continue using this Website.

Our Website, products and services are not directed at children under the age of 16. If you are under the age of 16, please immediately cease use of this Website.

Definitions:

In these terms and conditions:

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Customer or You/Your means an individual, sole trader, partnership, company, trust, institution or government body, including its related entities and affiliates or assignees, that orders Goods from us. 

Custom Artwork/Designs/Artwork means customised digital designs that are available for purchase on the Website, or through Tania Melick’s other stores, including but not exclusive to, Spoonflower and Etsy.

Design Library Artwork means artwork available for non-exclusive licensing unless expressly noted in product description, and is available for purchase on the Website, or through Tania Melick’s other stores, including but not exclusive to Spoonflower and Etsy.

Original Artwork means artwork available for sale in its original format. Copyright remains with Tania Melick, and artwork can be reproduced or used in other formats as desired by Tania Melick.

Terms means these terms and conditions.

Third parties mean all officers, employees, agents and related bodies corporate of us or you. 

Website means the website located at https://www.taniamelick.com.au

What am I Purchasing when I Buy Custom Artwork and Design?

By purchasing custom artwork with us, you are purchasing a complete design created as per your order and details in accordance with these Terms. 

We are and will remain the absolute owner of any purchased artwork and designs. This means all rights, titles and interest in the Artwork, including copyright, are owned and controlled by Tania Melick and is protected by Australian and international laws. 

You are not purchasing the copyright or ownership of any items unless arranged by us, and a signed contract states transferral of copyright ownership. We are not assigning any artwork to you, and you will not receive a proprietary interest in the art.

What am I Purchasing When I Buy Design Library Artwork?

By purchasing a digital file from the Design Library, you are purchasing the rights to use the artwork on products requiring a repeating pattern.  The terms are non-exclusive, which means the designs are available to multiple buyers.  The uses (e.g. prints/bedlinen/children’s clothing, etc.) can overlap.  If requiring an exclusive design, ensure that a custom design listing is purchased. 

Sale of the design file in its digital form is not permitted in any way.

We are and will remain the absolute owner of any purchased artwork and designs. This means all rights, titles and interest in the Artwork, including copyright, are owned and controlled by Tania Melick and is protected by Australian and international laws. 

You are not purchasing the copyright or ownership of any items unless arranged by us, and a signed contract states transferral of copyright ownership. We are not assigning any artwork to you, and you will not receive a proprietary interest in the art.

Our Intellectual Property Rights

All intellectual property rights of artwork and other materials created by us are assigned absolutely and automatically on creation, and remain thereafter, with Tania Melick.

Your purchase of any artwork created by us does not prevent us from exercising our intellectual property rights for the purposes of marketing, advertising and promotional activity. This includes use of the artwork in Tania Melick’s professional portfolio and on the website and social media platforms.  Individual design elements may be used in future designs and artwork at the discretion of Tania Melick.

What Happens When I Purchase a Custom Artwork or Design?

Once you make an order of a Custom Artwork or Design, we will require further information to proceed.  This will be requested through a questionnaire or email.  Once details are provided, artwork will commence.

Any order placed is an offer by you to purchase the Custom Design in accordance with these Terms, and we reserve the right to accept or reject an order you make for any reason.

We may cancel your order at any time and for whatever reason. If we do so, we will notify you via email about this change and we will give you a full refund of any monies that you have paid for the unfulfilled order. Refunds will be made in the form of the original payment.

Custom Artwork and Designs are for personal use only.  Commercial use is available for an additional fee, and a contract must be signed outlining the terms of commercial use.  Sale of digital files is strictly not permitted.

How Much Does Artwork or Design Cost?

The quoted prices for the Print Designs are in Australian dollars, and where applicable, they are inclusive of Goods and Services Tax (GST).

You agree to pay the stated price (and any applicable charges and taxes) in Australian Dollars for all orders.

You must pay GST if it is applicable at the same time and in the same manner as the consideration for the Print Designs.

We reserve the right to change the prices of our Print Designs at any time without notice. However, the price displayed at the time you place your order will continue to apply to you even if the price changes before your order is accepted by us.

We reserve the right to amend any pricing errors displayed due to human error, computer malfunction or other reason.

What are the Terms of Payment?

We accept payment via VISA, MasterCard and Paypal. We reserve the right to change our mode of payment at any time.

You must pay for your Artwork and Design in full through the website.  Any additional agreed upon artwork will be created as a separate listing for immediate payment, and we will not deliver the Artwork and Design until payment has been received.

To the extent permitted by law, we will not be held liable and responsible for any damages or consequential loss (whether direct or indirect) suffered by you as a result of any credit card fraud.

We will not be held liable or responsible for any additional charges imposed by your credit card provider or bank, especially in the case where your purchase involves foreign exchange transactions.

If your payment is not received in full or declined by your bank or credit card issuer, we cannot commence any Custom Artwork or Design.

What If I am Not Happy with my Purchase?

It is a condition of sale that you are familiar with the style of artwork and design offered by Tania Melick to ensure we can meet your needs.

For Custom Artwork and Design, you should have a reasonable expectation of the style in which Tania creates and provide accurate and clear inspiration from the commencement of your project.  Change of artistic direction, or late additions/changes to design are outside the scope of your initial purchase and will incur additional fees to count for additional hours of artwork creation.

Once custom artwork and design has commenced, no refund will be provided. 

Given the digital nature of Design Library Artwork, no refunds will be given.

I’ve Changed my Mind – Can I Cancel My Order?

If no custom design or artwork has commenced, you may request a refund, provided it is within 48 hours of purchase.

What Can and Can’t I Do with the Artwork and Design I have Purchased?

All Custom Artwork and Designs are created for personal use unless a commercial use agreement has been entered into and commercial fee paid.

You can use your custom artwork and designs for printing on items for personal use, for example, wedding stationery, clothing, homewares, gifts, etc.  These items are NOT to be produced for sale.

The artwork cannot be shared in its digital format with anyone for reproduction outside of your intended uses.

If we become aware that you have shared, copied, distributed, reproduced or communicated the Custom Artwork and Design, or parts thereof in a way that is beyond the scope of these Terms, then we reserve the right to take action against you.

Design Library Artwork is available for non-exclusive commercial use for products only.  The digital file is not to be sold in any way. 

What are my Obligations for the Custom Artwork and Design?

You are responsible for:

• ensuring you have access to required hardware and software to access your Custom Artwork and Designs;

• providing relevant information once purchased. Further information provided after the initial sketch could result in additional charges for change of scope;

• maintaining and safely storing the Custom Artwork and Designs files to ensure all use complies with these Terms (including saving files from the private Dropbox Link);

• your choice of printing provider.  You acknowledge that colours present differently on different monitors and in different printing methods and suppliers;

• If you become aware that a third party may be infringing on the intellectual property rights of your Custom Artwork and Design you are licensing, you must:

• immediately notify us in writing or any actual, threatened or suspected infringement of the rights; and

• fully cooperate with us in any legal proceedings or any other action we or an authorized person may commence in respect of the infringement.

Will my Artwork and Design look exactly as it does on the Website?

You agree and acknowledge that Artwork and Design may be appear different in colour and texture when compared to the digital version. Custom Artwork and Designs may appear different in colour and texture when viewed on different monitors and devices due to colour and resolution settings.  Printing colours and quality differ between suppliers, and it is your responsibility to ensure that your chosen printer is to your liking. 

For custom artwork, if you require a specific colour mode, please advise at the commencement of your project.

You further agree and acknowledge that we make no guarantees, representations or warranties on how your Artwork and Designs will appear once you have applied it to your particular uses. 

What Can you Guarantee about my Artwork and Design?

We warrant that the Artwork and Design delivered will:

• match the approved Proof;

• be in line with our current artwork and style;

• be free of third-party claims; and

• be of acceptable quality as defined in the Australian Consumer Law.

We exclude all other representations, guarantees or warranties regarding the suitability or reliability of Custom Artwork and Designs, including with respect to any of your uses.

Limitation of Liability

Artwork and Designs are developed for digital printing. However, we cannot guarantee how your Artwork and Design will appear once you have applied it to your required uses. Application and use of the Artwork and Design, such as the printing and manufacture of your product, is your sole responsibility. We make no representation about the extent to which your Artwork and Design may be suited to your uses, any machinery or manufacturing processes and methods you may employ, or the quality of your final product or application.

We will not be liable to you for any special, indirect, consequential, or punitive damages, including but not limited to loss of profits, loss of business opportunities, or loss of goodwill, arising out of or related to this Website and Custom Artwork and Designs, even if advised of the possibility of such damages.

To the fullest extent permitted by law, and notwithstanding any other provisions of these Terms, our aggregate liability under or in connection with these Terms, however arising (including by reason of tort, negligence, breach of contract or otherwise), shall not exceed the sum of all fees paid to us in respect of the relevant Artwork and Designs giving rise to the liability.

We shall not be held liable and responsible for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.

Third-Party Links   

This Website may contain links to other websites that are operated, controlled, or produced by third parties. Unless stated otherwise, this Website does not control, endorse, sponsor, or approve any such third-party websites or their contents nor are we are liable for any loss or damage that you may suffer as a result of your visits to any third-party websites.

Disclaimers

You acknowledge and agree that, to the extent permissible at law this Website and all content appearing on it are provided on an "as is" and "as available" basis, without warranties of any kind.

Further, images displayed on this Website are for illustrative purposes only and artwork, designs, sizes and dimensions will vary based on the individual needs for your Custom Artwork and Designs. Please ensure that you therefore read the corresponding description of all items prior to purchasing.

To the extent permissible at law, we exclude liability for any loss, damage or injury however caused (including through negligence), which you may suffer in connection with your use of this website, any other linked website or any Custom Artwork and Designs and take no responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this Website.

We also exclude liability in respect to mistakes or inaccuracies on the website, any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers, bugs, viruses, Trojan horses or other harmful code which may be transmitted to or through our Website by a third party or any interruption or cessation of transmission from our Website.

Further Details:

These Terms are governed by the laws of the State of Queensland, Australia.

Any provision in these Terms which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. Otherwise, any provision in these Terms which is invalid or unenforceable in any jurisdiction is to be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.

If we do not take any action with respect to any breach by you or others of these Terms, this does not waive our rights to take action with respect to subsequent or similar breaches. Further, if any part of these Terms is found to be void, unlawful or unenforceable for any reason, then that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining clauses.

In the event that we change control of our business or this Website, we reserve the right and you hereby consent to us transferring, assigning or sub-licensing the rights to use of any personal information and/or user content that you have provided to us.

These Terms were last modified on 08 June 2024

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