Site Terms

These terms and conditions of use, together with the policies, notices and disclaimers referred to below (Terms and Conditions), govern your use of the services at www.creativekin.com.au (Website).  These terms are subject to change without notice.

The Website

The Website is named creativekin.com.au (formerly harthomedecor.com) and is owned and operated by us. The Website is hereafter referred to as “the website”.

The website is an online marketplace for various Australian designers (Sellers) and facilitates shopping from many different sources. We are the operator of the website and as the marketplace provider we do not own any inventory. Our business is to present Sellers’ inventory to a Buyer and facilitate a transaction.

When you shop with us, the sale is a direct transaction with the Seller.  We will provide you with an order confirmation and facilitate the transaction as well as assist with any customer assistance or support you need relating to the order.

The purchase contract applicable to a transaction on the website is between you and the Seller. Accordingly, it is the responsibility of you, the Buyer, to review and agree to the Sellers terms & conditions and any store policies prior to proceeding with a transaction

Acceptance of Terms and Conditions

Your access to and use of this Website, including your use of the materials and information accessible on or from the Website is governed by these Terms and Conditions. Your use of this Website is conditional upon your acceptance and compliance with these Terms and Conditions. By accessing this Website, you agree to be bound by, and comply with, these Terms and Conditions.

You are deemed to agree with our Privacy Policy and these Terms and Conditions when using the website for any purpose including a transaction.

Pricing

Unless expressly stated otherwise all amounts are stated in Australian dollars and   all purchase prices include Australian GST (where applicable).

Shipping and any additional charges will be shown separately for each product displayed on this site.

Users

To use the website you acknowledge that you are:

  • At least 18 years of age
  • Have the legal right and legal capacity to enter into an agreement with us and our Sellers
  • Agree to use this site in accordance with these Terms and Conditions

In using this Website, you must not:

  • Provide us with inaccurate or incomplete information;
  • Violate any applicable laws, or use this Website for any purpose that is unlawful or prohibited by these terms and conditions;
  • Impersonate any person;
  • Distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
  • Collect or store personal data about other users of this Website; or
  • Engage in any other conduct that inhibits any other person from using or enjoying this Website or our associated social media pages and/or groups.
  • Scrape our website or otherwise harvest or collect information from our website without our consent.

At our sole discretion, we reserve the right to restrict, suspend or terminate without notice your access to this website, the Marketplace, any Content, or any feature of this website or Marketplace at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

All personal information obtained during the ordering process will be recorded for the purpose of for order-management, customer service and marketing purposes.  For more information relating to how we use your personal data, please click here. Link to privacy policy.

Payment

You agree to pay the purchase price specified on the website at the time that you place your order for the purchase of a Product, and any applicable shipping and insurance charges based on the shipping options selected by you

Payment can be made via credit card.  You agree in making payment that you are the authorised user of the credit card.  We reserve the right to contact buyers for additional information as our merchant provider requires.

Our payment processing services are provided by Stripe and subject to the Stripe Terms Of Service.  By using this site, you agree to Stripe’s terms and conditions and accept that they may be modified at any time.

You agree to provide Stripe accurate and complete information about you to enable to payment processing of your order.

When a buyer processes an order on this website, we will debit your nominated payment method for the full transaction amount.  Transactions will be noted on your statement as being from Creative Kin Australia.

Gift Vouchers

Creativekin.com.au gift vouchers are issued electronically to the email address nominated at the time of purchase.

Creativekin.com.au shall not not be responsible or liable for any vouchers issued to an incorrect email address.   It is the responsibility of you to ensure that the recipients details are correct before finalising your transaction.

Gift vouchers are issued in Australian dollars are valid for three (3) calendar years commencing on the date of the relevant transaction.  They cannot be redeemed for cash or refunded.

Gift Vouchers can be redeemed at the time of checkout.

Cancellations

Creativekin.com.au and/or the Seller may cancel your order if we reasonably believe that you have acted fraudulently in making the purchase or are in breach of any of these site terms.

While we aim to avoid pricing and other errors, inadvertent errors may occur in some instances.  We reserve the right to cancel orders that have already been processed in these circumstances.  In the event that this occurs, we will contact you to discuss the issue further and explain the refund process.

Where unforeseen supply problems occur, our Seller will contact you to discuss the issue and where necessary, provide you with a remedy in accordance with law.

If you believe a Seller is in breach of any of these terms and conditions, you may also be entitled to cancel your order.  In this instance, please contact our Support team to discuss further.

Refunds

Australian Consumer Law sets out consumer rights that are called consumer guarantees. These include your rights to a repair, replacement or refund as well as compensation in certain circumstances. Under Australian Consumer Law, you are entitled to a refund or replacement where a major failure of the product you purchased has occurred within the statutory warranty timeframe.

You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Each Seller on creativekin.com.au has a unique refund policy specific to their business.  These are clearly displayed on their product pages.  Any orders made via this website is seen as your acknowledgement and acceptance of the individual Seller’s Refund and Returns policy.

Where you request a refund, we will liaise with the Seller to identify and resolve the issue.

For refund requests, please click here.

Deliveries

Unless otherwise noted on the Sellers product page, orders are usually shipped within 2 business days.

Delivery times displayed on this website are estimates only based upon the best available information at hand from the Seller’s nominated shipping provider.

Neither Creative Kin Australia nor the Seller shall be responsible for the handling, transport and delivery of your product(s) from the time they are lodged with the shipping provider. After a transaction, it is at your discretion whether you insure products for damage which may occur during handling, transport and delivery of your product(s).

Copyright and intellectual property

Creative Kin is the copyright owner of the content on this Website or is licensed by the copyright owner to use the content on this Website.

You must not do any of the following without our prior written consent:

  • Reuse, copy or reproduce any content from this website and related blogs, imagery and social content.
  • Copy the content from any of the page content, blogs, images or resources associated with this Website to individual third parties for their personal or commercial use.

Subject to applicable law, we may revoke a user’s permission to use this Website at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this Website without notice.

Lifestyle bloggers and retailers are welcome to reference Creative Kin content provided that the content is not changed or altered and the Creative Kin website is clearly referenced with a link to the original source on this site. Lifestyle bloggers and influencers may also wish to participate in our affiliate program. Find out more here.

Disclaimers

Your use of any information or materials on this Website is entirely at your own risk. Creative Kin, its directors, officers and employees do not accept any responsibility arising in relation to errors in or omissions from the information on this website and shall not be liable for any loss or damage as a result of any person relying on information on this Website. It is your responsibility to ensure any services or information available through this Website meets your specific requirements.

Lingo PR & Digital Pty Ltd, its directors, officers and employees will not be liable for any liability, costs, loss or damage including without limitation, indirect or consequential loss or damage, or any liability, costs, loss or damage whatsoever including loss of data or profits, loss of revenue, loss of production, loss of opportunity arising out of or in connection with any use of the website by you or arising from any breach or failure of any of its obligations under these terms and conditions.

We are not liable to you or anyone else should you experience any system issues as a result of using this website.  You must take your own precautions to ensure that this website is suitable for your personal use and is free of viruses and other suspicious files or malware.

Sellers remain responsible for their own listings and storefronts. While we do aim to check content on this site, Creative Kin, its directors, officers and employees make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Variations

We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website.

Law(s)

Reference to law(s) in these terms and conditions means common law, principles of equity, and laws made by parliament (and laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them).

General

Creative Kin will not be liable for any delay in performing our obligations under these Terms and Conditions if such delay is caused by circumstances beyond our reasonable control.

This Website is governed by the laws of Queensland, Australia, and users irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia.

Privacy Policy

Creative Kin is committed to keeping your personal data confidential and secure.  Any personal information collected through this Website, including via the registration and payment processes associated with this Website, will be handled in accordance with our Privacy Policy. Our Privacy Policy details how we comply with the requirements of the Privacy Act in the handling of your personal information.

We reserve the right to modify our Privacy Policy at any time. If we make material changes to our Privacy Policy, then we reserve the right to notify you of the changes here, by email (if you are a registered user of this Website), or by means of a notice on our homepage.

You can read our full Privacy Policy here.

 

 

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