Terms of Service

This website studiomarthamargarete.com (“the Site”) is owned and operated by Studio Martha Margarete (ABN 18762517517). Throughout the site, the terms “we”, “us” and “our” refer to Studio Martha Margarete. Studio Martha Margarete offers this website, including all information, tools, 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 (“Terms of Service”, “Terms”, “Terms of Use”).

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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.

General

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Studio Martha Margarete is not liable for any damages or loss arising out of or related to the use, inability to use, or reliance upon the site or the use of its products.

In no event will we be liable for any direct, indirect, special, or consequential loss, damages, or reliance in connection with the products, the website, or the online store.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

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.

 

Copyright

The content of this site is the property of Studio Martha Margarete. In Australia, copyright law is contained in the Copyright Act 1968.

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.

 

Online Store Terms

Our store is hosted by WordPress. The Plugin Woocommerce provides us with an online e-commerce platform that allows us to sell our products and services to you.

Studio Martha Margarete is based in Australia, all prices on the Site are in Australian Dollars AUD, unless stated otherwise. No GST is charged.  Prices for our products are subject to change without notice.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

Order Terms

Products for sale are listed on our shop page “Frames”. You are placing an order with us when adding a product to the cart via the “add to cart” button, continuing with the checkout page, which includes our billing and shipping forms, and paying via our third-party payment providers. We reserve the right but are not obligated, to limit the sales of our products 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 product that we offer. All descriptions of products or product pricing are subject to change at any time without nice, at the sole discretion of us. We reserve the right to discontinue any product at any time. 

In the event of an error on the website, or an event out of our control, we reserve the right to cancel any order.

An order is complete once payment has succeeded. The customer then agrees to his commitment to purchase. We will then process the order, provided goods are available. Cancellation of an order will not be accepted once payment has succeeded.

 

Payment Terms

Studio Martha Margarete operates through third-party gateways as payment provider. Currently you can pay via PayPal, either via your PayPal account, Pay in 4 or Credit Card. Only with succeeded payment, an order has been successfully placed. We reserve the right to refuse any order you place with us. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You are responsible and agree to provide current, complete, and accurate purchase information for all purchases made at our store. If any details provided by the user are incorrect, resulting in a lost or delayed order, Studio Martha Margarete is not liable for any losses incurred by the user. If any incorrect details provided result in an order being returned to Studio Martha Margarete after having been dispatched, the user is liable to pay any further shipping costs incurred.

Shipping

We ship Australia-wide via Australia Post, our shipping flat rate is $9.90.  We reserve the right to cancel an order if Australia Post is not shipping to a certain country at the time the order is to be dispatched. 

Average delivery times can be found at https://auspost.com.au/. These can be delayed in holiday and pandemic periods. 

Once shipped, the delivery company is responsible for the delivery of our products. 

 

Return

Under the Australian Consumer Law (ACL) you have the right to ask for a refund, repair, or replacement if the product does not meet its guarantees. 

If your order gets damaged in transit or you think it does not meet the guarantees under the ACL, please contact us as soon as possible, so we can find the best solution together. Returns will be assessed on a case-by-case basis. 

If the customer claims a product is faulty, evidence of any defects and proof of purchase has to be provided. In the case of a return of a product, the customer is responsible for any shipping cost. 

We do not accept a return based on the change of mind of the customer. 

We do not make any guarantees, warranties, or representations about the products, except those implied by Australian Consumer Law.

 

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

 

Products

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

All our frames come with a raw finish. Raw timber is not archival. We suggest using a window mat if you do not want your artwork to touch the wood.

Please be aware that all our products are handmade and all materials sourced are recycled. Our frames are made from wood, a natural material that can expand in temperature and humidity changes. Frames are not to be hung in direct sunlight and environments with high humidity. You can find more about the care and nature of frames here.  

 

Third-Party Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products, and services available via our Service may include materials from third parties.

 

Third-Party Links

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 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.

 

Indemnification

You agree to indemnify, defend and hold harmless Studio Martha Margarete and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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.

 

Dispute Resolution

In the event of a dispute the parties must try to settle any dispute in connection with the contract by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties or, failing agreement within 7 days of receiving any party’s notice of dispute, by a person appointed by the Chair of Resolution Institute, or the Chair’s designated representative. The Resolution Institute Mediation Rules shall apply to the mediation.

 

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of NSW, Australia. In the event of any dispute arising in regards to these Terms and Conditions, the dispute shall be submitted to the exclusive jurisdiction of the courts of NSW, Australia, and any courts that may hear appeals from those courts in respect of any proceedings in connection with this contract.

 

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on 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.

Questions about the Terms of Service should be sent to us at hello@studiomarthamargarete.com