“Buyer” means the person named on the Order;

“Contract” means the Order and Order Confirmation;

“Faulty” means containing a fault or defect;

“Order” means your order for a Product from the Site;

“Price” means the price together with postage and packing costs and any applicable taxes in force at the time of the Order (excluding any taxes and duties for which the which the Buyer is responsible under the ‘Pricing and Payment’ section of these Terms and Conditions), subject to any promotional offer or discount then applicable;

“Terms and Conditions” means the standard terms and conditions of business set out in this document.

You may not use the Site in any improper or unlawful manner or in breach of any legislation or license that applies to you. You agree to comply with all reasonable instructions that we may give you from time to time regarding use of the Site.
Upon placing your order, you acknowledge that we may review your order, and the Content it contains, for adherence to our guidelines and compliance with these Terms and Conditions and that We may refuse to process an order where we believe that the Content is in breach of these Terms and Conditions and our guidelines.

All intellectual property rights (meaning patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright, database rights and moral rights and rights in computer programs) in and to the Site and all content and materials contained in the Site (“Site Content”) are owned by and shall remain owned by Us or Our licensors. Site Content may only be used for your personal, non-commercial purposes and shall not be reproduced, modified, copied, altered, distributed, framed, republished, displayed, transmitted or sold in any form of by any means in whole or in part. You may not remove any copyright or other proprietary notices contained in any Site Content.

To place an Order you will need to follow the order procedure set out on the Site. Details of the Price payable in respect of any Product and the procedure for payment are displayed on the Site.

All Products are offered for sale subject to availability and subject to Our acceptance of your order.

We reserve the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by Us until we have confirmed it unconditionally in the Order Confirmation.

The Order Confirmation will contain details of your Order and the Price. It is your responsibility to contact Us and notify Us of any error or mistake with the Order as soon as reasonably practicable. Failure to do so may lead to the incorrect Order being sent out to you. Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver goods within the time specified on this Site, but we do not accept liability for any failure to deliver within that time.

We endeavour to display and describe as accurately as possible the Products which appear on Our Site, but We cannot undertake to give any assurance that the colours supplied will exactly match those displayed on your monitor or mobile telephone. We also can not undertake any assurance on exact placement or quality of any images you supply through this website into the Products which appear on Our Site. This includes the complete print and display of the images input by you which take full width of the frames which may be subject to stretching/shrinkage of fabric and may result in loss of some image content upon completion. We recommend image content be centred and focused well away from all edges or margins for your order. You are responsible for all order input images and text, including accuracy of spelling and text sizing in every occurrence of text being required or input. Once your order is submitted and payment confirmed, orders can not be changed and will be supplied as you have completed your order. Any specifications relating to your images should be detailed in your order at the time of purchase.

We may revise, discontinue or modify products or services at any time without prior notice to you and products may become unavailable without notice. We shall have no liability of any kind if any product or service is not available.

We may change the price of any Product before you place an order.

Despite Our best efforts, some of the Products listed on the Site may be incorrectly priced or the price may increase between your order and Our acceptance of Your order. We will normally verify prices as part of the dispatch procedures so that, where a Product’s correct price is less than the stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Site, We will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection so that you can then re-order at the correct price if you wish.

For orders shipped within Australia, prices are inclusive of GST and all other applicable taxes and/or import duties. Applicable taxes and import duties are based on the final value of your order and the prevailing rates in force in the relevant tax jurisdiction.

Orders with a delivery address outside Australia may be subject to import duties and taxes (including VAT) which are levied once a delivery reaches your destination country. Any such additional charges as well as costs for customs clearance etc. must be borne by you as the importer of the goods. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for further information.

Payment must be made through our payment gateway providers at the time of placing your Order which is accepted by Us. Payment in full will be taken at this time and the Contract will be in force. You will be required to submit your payment details to the relevant third party payment gateway provider and you may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider.

You undertake that all of the details which you provide to Us for the purposes of your Order and its delivery will be correct and that the chosen method of payment is Your property and that sufficient funds or credit facilities are available to cover the full cost of the Order.

We utilise the post services and methods as selected on your Order. Where you select a non-registered post service or standard airmail service We will not be liable for failure to deliver your order once it has been shipped by us to the address on your Order. You assume all risk of the property for loss in the post once your Order is shipped through the above mentioned services or methods. For Tracked post services if there is a disputed delivery you must notify Us in writing at info@myfamilybook.com.au and we will work with you to locate and/or raise a dispute with our courier, Australia Post, NZ Post, or local carrier (collectively considered post services). If our courier or post service cannot determine the delivery has been made we will assist in seeking an appropriate remedy and/or seek compensation for the failure to deliver. Should our courier or post service be able to determine that delivery was made for the address provided on your item will be deemed delivered.

The place for the delivery of your Products will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be as selected on your Order.

If you have ordered more than one Product, We reserve the right to make delivery of your Order by instalments. If the Order is to be delivered in instalments, each delivery will constitute a separate contract.

We will endeavour to process your Order and manufacture your Product within the time period stated for each item. However manufacturing times may vary and any times quoted for the delivery of goods are indicative only. Time for delivery shall not be of the essence of these Terms and Conditions and We will not be liable for any loss or expenses which You may sustain as a result of any delay in the delivery of your Order.

When you receive the Product/s you must inspect them for any defects. If you do not notify us within 14 days of receipt of your products of a defect, you are accepting the goods are in an acceptable condition. Any packages not signed for but accepted are considered signed in good condition.

If you can see any sign of damage to the parcel/s please sign as damaged otherwise we cannot refund or replace the item, beyond your statutory rights.

Risk or damage or loss of Your Order will pass to You upon delivery to the agreed address, unless you have selected a non-registered post service. Notwithstanding delivery and passing of the risk in the Order, property in the Order will not pass from Us to You until We have received full payment of the Price and all other sums which are due, owing or payable by the You to Us in respect of the Order or any other Order between You and Us.

You shall have the right to cancel an Order only in the following circumstances:

(a) If We have failed to deliver the Order within 60 days after the date you placed the Order;

(b) In the case of Faulty Products at the earliest opportunity after you have discovered that the fault or defect (provided that You shall be deemed to have inspected the Product as soon as reasonably practicable after delivery and in no case longer than 14 days after receiving the product).

If an Order is cancelled under the conditions in (a) or (b) above, We shall be responsible for all sums paid (including initial and re-delivery charges (if any) in respect of the Order in question.

Notice of wish to cancel your order or notify us of a defect, it must be made by email to info@myfamilybook.com.au

For the avoidance of doubt, save in respect of Faulty or defective Products, nothing in these Terms and Conditions shall give you rights of cancellation in regard to the Products, which, by their nature, have been made to your specification or clearly personalised. We will not provide you with a refund for any perceived flaw by you, for example colour variations, image or product size and shape and placement variations from the original image submissions, shape and layout variations, as this is a handcrafted personalised product and can have these imperfections and they are not faults or defects with the product. Further, we do not accept claims relating to fading and/or deterioration or change of colour and/or shape if the product has been washed.

You must return any Product to Us in its original packaging (which You should retain for this purpose).

Nothing in this clause affects your statutory rights.

While we endeavour to ensure that the information contained on the Site (“Site Content) is correct and error-free, we do not warrant the accuracy and completeness of the Site Content. We may make changes to the Site Content, or to any products, prices or fees described in it, at any time without notice. The Site Content may be out of date, and we make no commitment to update such material.

We will exercise all reasonable skill and care in providing the Site. Some Site Content may be provided by third parties and we do not guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any such Site Content.

Therefore, except as expressly provided in these Terms and Conditions, the Site and all Site Content provided through it are provided on an “as is” basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Site or Site Content or that your use of the Site or Site Content will not infringe the rights of any third party).

We do not warrant that the Site, any Site Content and any function of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations that the Site and the Site Content will meet your requirements nor do we make any warranty or representations regarding the use or the results of the use of any Site Content in terms of their completeness, accuracy, currency, reliability, or otherwise. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

We warrant to you that any Product purchased from us via the Site is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).

Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net purchase price of the Product you purchased (excluding taxes and delivery costs).

Nothing in these Terms and Conditions shall exclude or limit our liability for: death or personal injury caused by our negligence; or any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or any liability which cannot be excluded or limited under applicable law.

You expressly agree that your use of and browsing of the Site and the use of Site Content are at your own risk

Subject to the above, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or the Site Content; (ii) these Terms and Conditions (iii) the Products (iv) any failure or delay in the use of any component of the Site, the Site Content or any service including, without limitation, any unavailability of the Site, the Site Content or the services irrespective of the duration of any period of unavailability; (v) any use of or reliance upon any Site Content or any other information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.

We shall not be liable for any loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms and Conditions by reason of any event or circumstance outside Our reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.

Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.

You agree to indemnify, keep indemnified, defend and hold Us and Our parent companies, subsidiaries, affiliates and each of our respective officers, partners, employees, owners, agents, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with your use of the Site, the Site Content or the services provided through the Site, your conduct in connection with the Site or services provided or with other users of the Site, any purchases, transactions, dealings or arrangements with any third party via the Site or on a third party site, or any violation of these General Terms of Use or of any law or the rights of any third party.

We may remove the Site or cease the provision of any of the services available through the Site at any time in our sole discretion for any reason whatsoever.

We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.

We will only use any personal information that we may collect about you in accordance with our Privacy Policy. This policy forms an essential part of these Terms and Conditions and it is important that you read it. By accepting these Terms and Conditions you also accept and consent to our Privacy Policy.

This agreement shall be made under the laws of Australia and subject to the jurisdiction of the courts of Australia and New South Wales.