Terms & Conditions

Updated 1st July 2021

OVERVIEW
This website is operated by Kate Succar. Throughout the site, the terms “we”, “us”, “our” and “her” refer to Kate Succar. Kate Succar offers this website, including all information and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and conditions including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers and merchants.

Please read these website Terms and conditions carefully before accessing and using our website, or placing an order for goods and services. By accessing or using any part of the site, including placing orders for goods and services, you agree that you have read, understood and are bound by these Terms of conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.  

Any new products or information which are added to the site, including new products into the current store, shall also be subject to the Terms and conditions. You can review the most current version of the Terms and conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 – GENERAL CONDITIONS 
We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
You agree that all content and materials of the service, including but not limited to designs, graphics, text, website name and logos are our intellectual property and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution or display of any content on this site is strictly prohibited, unless specifically authorised by us. 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
A breach or violation of any of the Terms will result in an immediate termination of all Services to you. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.  
You may share our photos or images on social media under the condition that they are clearly tagged with our website address, you must also clearly state that the image or photo belongs to Will o’ The Wisp Wallpaper & Wall Murals. 

SECTION 2 –PRODUCTS OR SERVICES (if applicable)   
Minor variations in colour may occur between prints. Variations of colours may also occur between on-screen mock ups or proofs and the physical product. We have made every effort to display as accurately as possible the colors and images of our products. We cannot be held responsible for discrepancies between monitor settings. Where colour matching is important, we recommend asking for a sample prior to printing to ensure colours are acceptable. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. 
The product should be inspected upon delivery and prior to installation. Any defects should be reported to us; claims cannot be made after the product has been used or installed. Hanging costs will not be refunded, therefore please be sure to check the condition of your product before it is installed. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

For more details about our services and placing an order, please review The Order Process & Printing Policy.

SECTION 3 – PRICES, CHANGES TO THE SERVICE AND PAYMENT
Prices for our products do not include installation and are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Please click the link provided to view our Payments Policy.

SECTION 4 – DELIVERY 
It is your obligation to enter the correct delivery address details at the time of ordering. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense. For International orders, any import fees, duties or taxes levied at the point of entry into the destination country are the buyers responsibility. We will not accept any of these charges under any conditions.

For more detail, please review our Production & Delivery Policy

SECTION 5 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION  
We recommend a qualified installer to install all our wallpaper. Any and all information provide by us regarding installation or recommended products are a guide only.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

For more detail, please review our Returns & Refund Policy

SECTION 7 – THIRD-PARTY LINKS 
Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 8 – PERSONAL INFORMATION 
Your submission of personal information through the store is governed by our Privacy Policy.

Click on the link provided to view our Privacy Policy

SECTION 9 – PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 10 – DESIGN OWNERSHIP
All wallpaper and wall mural designs, including new and bespoke services are copyright of Will o’ The Wisp Wallpaper & Wall Murals 2021 and must not be copied or reproduced under any circumstances. We retains ownership of all wallpaper and wall mural designs. No designs are exclusive and all designs can be reproduced at any time. Fees for bespoke or custom design services are calculated based on the estimated time spent to create these designs. Payment does not confer automatic copyright or intellectual property ownership to the customer. 

SECTION 11 – THIRD PARTY COPYRIGHT & TRADEMARK  
In addition to the Printing Policy (please click link to view), when our service has commenced and is near completion you will be sent a proof via email with a similar title to ‘### SPECIFICATIONS.pdf’ prior to printing. This proof shows the artwork/wallpaper or wall mural design that Kate Succar has completed for you. You agree that by continuing any service by means of payment or by written approval after viewing the proof, that Kate Succar has not infringed upon any copyright and trademark laws to the artist’s knowledge and that the Illustrations and content do not violate any right of any third party to the artist’s knowledge. It is your responsibility to check that the illustrations and content completed in the service in addition to illustrations requested by you are not infringing on current copyright and trademark laws applicable in your state or area.

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We will not be held accountable for any damage to the walls, at any time including during installation and removal of products belonging to our service. 
In conjunction with SECTION 9 – Third Party Copyright & Trademark as explained above, you expressly understand and agree that any claim against Kate Succar shall be limited to the amount you paid, if any, for design services (excluding printing costs). In no case shall Kate Succar , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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, our liability shall be limited to the maximum extent permitted by law. 

SECTION 13 – INDEMNIFICATION 
You agree to indemnify and hold harmless Kate Succar of Will o’ The Wisp Wallpaper & Wall Murals, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 14 – GOVERNING LAW 
These Terms and conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia. 

SECTION 15 – CHANGES TO TERMS OF SERVICE 
You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 16 – CONTACT INFORMATION 
Questions about the Terms of Service should be sent to us at kate@willothewisp.com.au