Terms & Conditions

In General

www.creativeabundance.com.au is owned and operated by Creative Abundance (“us”, “we” or “our). This document governs your relationship with www.creativeabundance.com.au (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. Creative Abundance will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the "Linked Sites"), which are not operated by www.creativeabundance.com.au. Creative Abundance has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.creativeabundance.com.au will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.creativeabundance.com.au or its designers and licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.creativeabundance.com.au, its designers and licensors. In being accepted as a wholesale customer of www.creativeabundance.com.au (see Customer Approval below) you are being accepted as a reseller of Creative Abundance’s products. Resellers may use the product images on www.creativeabundance.com.au for promotional purposes only, Creative Abundance retains the right to deny future use of these images if it is felt that you are using the images in a way that exceeds promotional use or harms the name of Creative Abundance, its designers or licensors.

Copyright and Fair use of our products.

Duplicating or copying our patterns and other products in any way is prohibited and seen as a breach of copyright laws and treaties around the world. Distributing our patterns in a copied format, physical or electronic is seen as a breach of copyright, this includes for use in classes etc. Our customers have the right to produce a completed project from our patterns for in store display purposes to assist in the selling of the patterns and products only. Customers do not have the right to purchase our patterns for the purposes of producing the completed project (in full, part or derivation) for resale, except where explicit permission has been granted by the designer of the pattern.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions;

Customer Approval

Creative Abundance operates in a strictly wholesale fashion. As a result we will only accept applications by users who we deem as legal retailers/resellers of related products (ie those selling fabric based supplies, crafts, giftware or hobby supplies.

Creative Abundance recognises retailers and resellers as those that have a physical “Bricks and Mortar” store front, conduct internet based sales or operate stalls at markets or other non-permanent events. We retain the right to reject any applications or remove any existing customers who we deem as not conforming to our definition of a retailer/reseller.

In order to contract with www.creativeabundance.com.au you must be a legally recognised retailers/resellers of craft related products, over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.creativeabundance.com.au retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.creativeabundance.com.au or may in some cases be a third party. Where a contract is made with a third party www.creativeabundance.com.au is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Payment

Pricing on this Website is displayed in one of five currencies (Australian Dollars, US Dollars, Canadian Dollars, Euros and Great British Pounds). This is done to help you as the retailer budget for your products.

Prices are listed at the wholesale price. The Manufactures suggested retail price (MSRP, RRP) is generally regarded as a 100% markup to the prices displayed, with the exception of books and limited other third party products where the margin is less.

Non-Australia based customers have the ability to purchase their products through PayPal, or via Master Card or Visa. If the Customer chooses to pay via PayPal they will be charged in the currency stated in their shopping cart. If they choose to pay via Master Card or Visa, their purchase total will be converted to Australian Dollars before the purchase is put through, this usually results in a few cents of variance in price, and usually in the customers favour. However if you feel that you have been overcharged, please comments contact us about the issue. Exchange rates are updated hourly.

Australian Customers May pay by Master Card or Visa or by direct bank deposit (orders will not be sent until payment has been received).

Upon receiving your Credit Card order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

(c) Minimum Order Value

Creative Abundance has a minimum order policy. The minimum order is viewable on the website header and in the shopping cart once you are logged in. We try to keep the minimum order amount as low as possible to deter personal shopping whilst still allowing smaller retailers the chance to purchase from us. Creative Abundance retain the right to block customers accounts if it deems the customers use of the website contravenes the wholesale/retail relationship even if they are meeting the minimum order value.

(d) Delivery window

Please allow at least 7-10 days from the time of your order for completion of items. Larger orders may require more time. All orders are subject to availability. Creative Abundance produces the bulk of the products they sell, as a result in busy times delays may be experienced. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

(e) Damages, Defects and Returns

Please inspect all shipments immediately upon arrival. Please contact us within 5 days of receipt of damaged or defective shipments. Returned merchandise will be replaced with new merchandise. Returned merchandise will not be accepted if it is held for more than 15 days after receipt. Refunds will not be provided for change of mind.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.creativeabundance.com.au and its designers, suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.creativeabundance.com.au's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.creativeabundance.com.au and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.creativeabundance.com.au.

Indemnity

You agree to indemnify, defend and hold harmless www.creativeabundance.com.au, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

Variation

www.creativeabundance.com.au shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments here.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.creativeabundance.com.au. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.creativeabundance.com.au.