Terms and Conditions

Welcome to Urban Magnet Co [ABN 95861449399] and www.urbanmagnetco.com.au, our website. We're so glad you're here! By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; we like to call this an "Agreement". If you don’t accept to our Agreement, we kindly ask that you surf elsewhere. Just know that if you breach our Agreement, we may need to terminate your use of our website. We may also change, suspend or stop providing our website at any time, but we'll always try to let you know if that's the case.

Now, let's chat about your obligations when using our website.

YOUR OBLIGATIONS WHEN USING OUR WEBSITE

To provide correct information and comply with the law

Firstly, please provide us with current and accurate information when filling out any of our opt-in or other forms. It is also important that you comply with the laws of VIC and Australia when you use our website, including, but not limited to, all intellectual property and cybercrime laws. If you're accessing our website from outside of Australia, please make sure to also comply with all the relevant local laws.

To only make personal and non-commercial use of our Content

Next up, please only use the website and its Content for your personal and non-commercial use. We own or license the Copyright in all Content on our website, and any other use is prohibited unless permitted by law, or with our prior written permission (which you can request by emailing hello@urbanmagnetco.com.au). All trademarks on our website belong to their respective owners.

To use third party software, links etc at your risk

If you choose to use third-party software, links or other tools to enhance your experience on our website, please do so at your own risk. We provide the links for your assistance only, and we have no control over those other sites or their content. We do not endorse them in any way, and any use of those sites is at your sole risk. Similarly, we have no control over third-party apps and software and do not make any warranties in relation to them. You will need to read and agree to their terms and conditions before using them

WE MAKE NO WARRANTIES OR GUARANTEES

We need you to know that we make no warranties or guarantees about our website or its Content. We can't guarantee our website will always be available, that your use will not be interrupted or that our website is free from viruses or secure; or that our Content is accurate, complete and current.

For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. If you find any issues, please email us at hello@urbanmagnetco.com.au.

LIMITATION OF LIABILITY AND INDEMNITY

We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its Content. We are not responsible for any Loss or Damage suffered in connection with your use of our website, its Content, any interruptions, changes, suspension or termination of our website or any events beyond our control.

Additionally, you indemnify us for any Claim arising out of or in connection with any third-party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.

OTHER

This Agreement is governed by the laws in VIC, Australia and the parties submit to the jurisdiction of the courts of VIC, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.

DEFINITIONS

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Content means any content on our website, and could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.

Copyright means all rights pursuant to the Copyright Act 1968 (Cth).

Loss or Damage means any loss or damage including, but not limited to, any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.

We, us, or our means Melissa Maree Henwood t/as Urban Magnet Co [ABN 95861449399] and includes any of our employees, agents, partners and contractors.

TERMS OF SERVICE FOR CUSTOMERS

Hello and welcome to Urban Magnet Co! We're so happy to have you as a customer. These are our Terms of Service (“Terms”) which apply to all customers of Urban Magnet Co [ABN 95861449399] (“we, us, our”). By using our Website and Services, you're agreeing to these Terms together with any other terms and conditions and policies we publish or link to (together an “Agreement”). “You” could be any customer of ours. If you do not agree, unfortunately you cannot purchase any of our Products online.

BEFORE PURCHASE

Things you need to do before purchasing Products on our Website

Before you buy anything from our Website, there are a few things you should know:

you need to be18 years old or have parental consent;
please give us complete and accurate information, including account information, and let us know if anything changes;
you need to use any special offers or gift codes or coupons at the time of purchase - they can't be applied after the fact; and
once you place an order, we may not be able to cancel it, as it will already have been processed and paid for by us.

Our Products are bespoke fridge magnets. You can upload an image from your phone, and we will produce it with the image. We do not send to you for approval, and you acknowledge and agree that whatever is uploaded is what we will print. You accept that there may be colour differences, so that the colours and images of Products we display may be different on your screen to the colours and images of the actual Products, and there may also be distortions of images when printing.

Acknowledgements you make when purchasing on our Website

Whilst we aim to do our best, please be aware that there could be:

occasional errors or omissions in Product descriptions, prices, shipping charges, delivery times, availability, and promotions; and
some Products with limited quantities, and some sales that are limited to certain regions or groups of people.

Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.

AFTER PURCHASE

Things you need to know after purchasing on our Website

After purchasing something from our Website, there are a few more things you should know:

if you have late, stolen, or damaged deliveries, please contact Australia Post or the courier company directly;
please follow the manufacturer’s or our instructions in relation to the Product;
if you have any issues with the Product and require a refund, please contact us by email at hello@urbanmagnetco.com.au within 48 hours;
please ask our prior written consent before publishing any information about us; and
if there is a dispute, please keep all communications confidential.

Things we’d love you to do after purchasing on our website

We love hearing from our customers and seeing their experiences with our Products. If you have any photos, videos, testimonials, and/or case studies we'd be thrilled if you would share them with us. We might even use them for marketing and information purposes, publications, exhibitions, and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at hello@urbanmagnetco.com.au

OTHER MATTERS YOU SHOULD BE AWARE OF

We may change information on our Website and store

Except as required by law, we may change shipping information, availability, Product information, prices, promotions and any other information on our Website.

We make deliveries at your option and your cost

The areas we deliver to are those that are published on our Website. These areas may change from time to time as we are able to service a larger area. We will process your delivery upon receipt of payment, and send your Products via Australia Post, express or regular or a reputable courier company. Delivery times will depend on your location and any selected delivery options. Any international customers are responsible for any custom and import duties.

We comply with the Australian Consumer Law

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

Except as required by law we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with the manufacturer's or our instructions, where you fail to take reasonable care, or where you fail to provide us with adequate information.

If we need to cancel your order, we will provide a refund

On occasion we may cancel an order for a Product where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. In some instances, where we cannot fulfil part of your order, we will call you and ask if you would like a substitution product or refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors without permission.

We can refuse to serve you and sell Products at any time

We may stop providing our Website and Services at any time. We may also stop you using our Website and Services and stop you purchasing any of our Products if you breach this Agreement.

All the Intellectual Property Rights in our Products are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use our Products for your personal use only. In particular, you must not use our Products for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at hello@urbanmagnetco.com.auto seek consent.

LIABILITY AND INDEMNITY

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, lost or stolen Products during delivery, any late delivery, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, or your use or misuse of any Product.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

the replacement of the products or the supply of equivalent products; or
the payment of the cost of replacing the products or of acquiring equivalent products.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement.

FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.

IF THERE IS A DISPUTE

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER

This Agreement is to be construed in accordance with the laws of VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.

DEFINITIONS

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these Terms and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award, or costs.
Force Majeure Event means any weather event, any pandemic, any "Act of God", strikes, government action or any other event beyond the reasonable control of the parties.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.

Products means any product available through our website and includes any magnets and other items.
We, us, or our means Melissa Henwood t/as Urban Magnet Co [ABN 95861449399] and includes any of our employees, agents, partners, and contractors.
Website and services means www.urbanmagnetco.com.au and www.urbanmagnetco.com, and everything available on this website including, but not limited to, all Products and any services.