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Terms and Conditions
1. User Agreement
- If you do not agree to any provisions of this agreement, you must not use the Website.
- We reserve the right to make changes to this agreement from time to time at our sole discretion. These may take effect immediately. By continuing to use the Website following the making of those changes, you agree to be bound by the changes. You should check our agreement and policies from time to time, especially when ordering goods, to acquaint yourself with the current versions of those documents.
- This agreement is formed between anyone who visits this Website ("you" and "your") and Pickawall Pty Ltd (ABN 79 325 593 784) ("we", "us" and "our").
- In order to make purchases and access some features of the Website, you will need to be a registered member.
- You may not use another member's account without their permission.
- When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
- You will be required to have a username. For promotional purposes you agree that we may display the usernames corresponding with the purchasers of the last few orders received. This will be in the form of "username (2nd, 3rd order, etc) just bought". We recommend you do not use your real name as your username.
- You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
- If you suspect or become aware of any unauthorized use of your account or that your password is no longer secure, you agree to notify us immediately.
3. Legal Capacity
- By making an on-line purchase you accept these terms and conditions and acknowledge that you:
- are over 18 years of age, and/or
- are entering into a legal contract with us.
- Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
4. Supply of Services to You / Termination
- We reserve the right to change (including to alter, remove or add functionality) the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change. We may stop (temporarily or permanently) providing access to the Website to you or to visitors or members generally, at our reasonable discretion and without prior notice to you. This will not affect any concluded purchases that you have made. We may terminate your account or restrict your access to the Website without prior notice to you if we reasonably consider that there has been a breach of this agreement by you.
- We will provide services with due care and skill but except to the fullest extent permitted by law, we do not warrant that the Website will be provided without fault or disruption. To the fullest extent permitted at law and except as expressed to the contrary in this agreement, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the Website;
- you acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website;
- personal injury or property damage of any nature resulting from your access to, and use of, the Website and any purchases made from the Website;
- any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from our Website;
- any bugs, viruses, Trojan Horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
- failures or deficiencies in relation to the merchantability or fitness for any purpose of any product or service appearing on any linked sites not operated by us or our related entities.
- Except if and to the extent only required by law or as otherwise set out in this agreement, we do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party at the Website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
- We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. The only authorized access point is http://pickawall.com with no characters before or after "pickawall.com ".
- Where any law implies a warranty into this agreement which may not be lawfully excluded then to the fullest extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.
- It is important that you determine prior to purchase, whether a product:
- is suitable for use on the wall or other surface;
- when fitted, will impact the integrity (structural or otherwise) of the wall or other surface; and
- will infringe any laws when fitted or used, as we accept no liability in relation to those matters. It is up to you to satisfy yourself as to the above matters prior to purchase or installation. We will not be liable to you in any way resulting from any loss, cost or damage incurred by you or a 3rd party to which our products are installed or used due to incorrect or improper fitting, removal or otherwise.
- You agree that by using the products and / or installation of the same, that you will assume all risk and responsibility for any potential damages, claims or loss that may be incurred by you as a result.
- It is up to you and the person fitting the products to make sure that they are installed appropriately and in compliance with all laws. We do not give any legal advice in relation to the laws or regulations of any products sold by us in relation to their use.
6. Use of Website by you
- You agree to use the Website only for purposes that are permitted by this agreement and not prevented by any applicable law or regulation.
- You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
- You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.
- You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.
- You agree not to use, copy, distribute or commercialize content appearing on the Website except as permitted by this agreement, by law or with our prior written consent.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
- You agree by uploading your ‘Own Image’ to your 'Recently Viewed' within your account on this Website that you have the required copyright or have obtained the necessary licenses and approvals for that image to be reproduced as printed wallpaper via the Website. We accept no liability for any loss you may suffer whatsoever (including consequential loss) as a result of you not complying with this paragraph. You agree to indemnify us for all loss arising from action taken against you or us by a 3rd party for infringement of copyright in relation to:
- the uploading of your ‘Own Image’ to the Website; or
- the products or services we have supplied that feature or use your ‘Own Image’.
- You agree that images contained on this Website or provided via this Website are for non-commercial use and may not be sold, redistributed or used for any commercial purpose. You agree if any material is downloaded from this Website it is for your personal, non-commercial use only and acknowledge all copyright and other proprietary notices.
- You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Website for establishing, maintaining, advancing or reproducing information contained on our Website, on your own website, or in any other publication, except with our prior written consent.
7. Information on this Website
- Information about images on the Website is based on material and information provided by suppliers and license holders of those images.
- To the extent permissible at law we disclaim any liability in respect of inaccuracies or errors in relation to products or services promoted at the Website including where caused by incorrect information supplied to us or as a result of manufacturers or suppliers changing product specifications without notice to us.
- You agree to make your own enquiries to assess the suitability of the products before you purchase and subsequently use.
- The display of products on the Website does not constitute an offer to sell. It is an invitation to treat only.
- Orders placed by you are offers to purchase particular products under the terms and conditions in this agreement at the price specified (including delivery and other charges).
- We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order.
- You may cancel your order only if we have not started processing it or otherwise with our prior consent. Where an order is cancelled in the permitted circumstances, we reserve the right to charge a cancellation fee of 20% of the purchase price or $25 (whichever is lower) being a genuine estimate of the administrative costs associated with the cancellation.
- We may cancel or suspend an order at any time due to removal of image license, inability to authorize a credit card, suspicion of fraudulent intent or copyright breach, discovery of an incorrect item price, or any other reason, as we see fit. Please note that we may refuse or cancel any order regardless of whether or not your credit card has been charged. If your credit card has already been charged and your order is cancelled, we will issue a credit to your credit card account within 28 days.
9. Non Commercial Use of Products Featuring Images Supplied Through the Website
- You agree and acknowledge that except where you supply the images for use in the products, the products sold through the Website are sold on the basis that you may not use or resell products purchased by you for commercial or trade purposes (including through any intermediary). You may of course use or resell products featuring your own uploaded images (that you own or have appropriately licensed) as you wish.
- The prices of products, delivery and other charges shown are in either US Dollars ($USD), Australian dollars ($AUD) British Pound Sterling (£GBP) or Euro (EUR€) based on your geographical location and includes GST where GST is applicable at check out. *Note: The 'Live Price' function featured on this website is not inclusive of shipping & handling charges (Unless otherwise advertised).
- Where your local currency isn't displayed all prices shown will default to US Dollars ($USD).
- Unless stated otherwise on the Website, prices are valid only for the specified time period during which the products are advertised for purchase. If a product is advertised subsequently, its price may change.
- All payments must be received in full at the time of placing the order. Please read the Payment section of the Website contained in the FAQs for details of payment options.
- If your payment is not received or declined by your bank or credit card issuer, we cannot hold products against your order or begin to manufacture them.
- We only accept payment by MasterCard, Amex, Visa, and PayPal.
- We will not be responsible for any loss or damage that you may suffer if a third party acquires unauthorized access to data that you have provided to us when ordering from our Website.
- Gift cards, Coupons & Special Offers cannot be refunded or returned, unless required by Law. They cannot be exchanged for cash or used in-conjunction with other offers with the exception of Gift Cards. Please refer to Special Conditions marked at the bottom of each Coupon or Special offer.??
12. Supply of Products
- Subject to this agreement, we will supply to you the products shown on your order confirmation.
- You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met. Please read the Delivery section of the Website contained in the FAQs for delivery options and details.
- We do not allow personal pick up of products.
- A signature may be required at delivery.
13. Risk and Title
- We retain ownership of goods ordered through the Website until payment is received in full.
- Risk in goods, such as loss or damage, passes to you upon delivery.
14. Refunds / Store credit / PAW (Pickawall Pty Ltd) Guarantee
- Please choose carefully as we are not obliged to provide a refund or allow an exchange simply because you changed your mind about a purchase.
- PAW Guarantee refer to condition 17.
15. Image Quality
- Our Image Quality Meter at our Website is a guide only and should not be relied upon as your sole factor in determining whether an image is suitable for the product you order. It is important that you appreciate that a low quality image (ie. a low file size or resolution) may appear grainy, blocky or otherwise of low quality when enlarged. Further, the colors in the image displayed on your screen may vary from the colors of the image in the final printed product depending on the color, contrast and other settings on your computer and monitor.
- Note the Website may provide you with a “poor resolution warning” message at checkout if we believe your image is of insufficient resolution for the size of the product you are ordering. However, we will not be liable to you if your image is of insufficient resolution for the product ordered even if this message is not displayed. As previously noted, ultimately it is up to you to determine whether an image is suitable for the product (and size of the product) ordered by you.
16. Products Out of Stock
- We reserve the right to notify you that products for which you place orders have become unavailable. Subject to clause 8, in the event that you order a product from the Website and we later inform you that we no longer stock the product or can’t make the relevant image available that you had originally ordered, we will provide you with a credit or refund to the value of the product that was not supplied to you including the delivery fee.
17. Statutory Conditions and Warranty / Refunds / Replacements / PAW (Pickawall Pty Ltd) Guarantee
- The Australian Consumer Law ("Law") which forms part of the Competition and Consumer Act 2010 (Cth) implies into consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Australian Consumer Law, a "major" failure, then the remedy will be limited to a refund or a replacement, at your election. In all other cases, a breach of such warranty will give rise to a refund or replacement at our election.
- You must retain your proof of purchase for any manufacturer warranty claims.
- As supplier, we provide the following express warranties subject to the following terms and conditions:
- We will refund or replace the product as the case may be (with us or you deciding and determining the action to be taken according to whether the failure is major or non-major, as stated above) in the circumstances and to the extent required under the Law if the product you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product.
- Where a refund or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law require the return of the product to us before refunding or replacing it. We will pay for, or reimburse you for, any shipping costs to return the original product to us.
- Replacement products are subject to the same warranties as the original.
- Refunds will be issued by direct deposit or cheque at our discretion.
- In order to obtain these remedies:
- You must notify us within a reasonable time of supply of the goods. In this context a 'reasonable time' is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of goods. In many cases this will be 7 to 14 days, but in some circumstances may be longer. Please contact us. Once contacted we will advise you of the best way to return any products. We may not accept products returned without a Return Authorisation Number or if the product’s original backing sheet has been tampered with or removed. Please email us at email@example.com and we will notify you of how to make arrangements for returns if applicable.
- Except if and to the extent the Law requires otherwise, replacement of products or refund and reimbursement of freight costs will not be made until the original product is received by us and your claim verified.
- We aim to process refunds and replacements within 28 days of receipt by us of the original product.
- We will not refund or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care.
- Goods that develop a defect after first use may also be covered by manufacturer warranty. You may also wish to contact the manufacturer regarding returns and repairs.
18. Links to 3rd Party Websites and Promotions
- The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated or provided by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we do not represent that we have reviewed any of these third party websites, content or resources and we are not responsible for the material contained there or which you subsequently use in any of our products.
19. Intellectual Property
- We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
- Other trade marks, images and other materials used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
- You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
- If you correspond or otherwise communicate with us in circumstances where it is reasonable from the context of your communication to expect that you intend the correspondence or communication to be made accessible to other users of the Website, then you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.
20. Transfer and Assignment
- In the event that we merge, sell or otherwise change control of our business or this Website to a 3rd party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer novate? (choose another word) or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
21. Force Majeure (use another word)
- We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
22. Applicable Law (AUS vs US)
- This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
- If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
- If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.
24. Mounting and Removing
- It is up to you to determine whether the wall or surface to which you will mount or hang the product is suitable and whether removal of the product will cause any damage to the wall or surface. Before mounting or hanging the product, you should first sample test whether the wall or surface is peeling, deformed, rendered or similar and if so, you should not use the products on that wall or surface. Product samples are available by contacting us (with you delivery address) at firstname.lastname@example.org.
- Do not use household cleaners to clean the walls or surfaces to which the products are to be applied as such cleaners may leave behind a thin layer of residue that could affect the adhesive nature of this product. We suggest that you clean the surface slightly with isopropyl rubbing alcohol and let dry.
- Caution: do not use the products with delicate or paper wallpaper surfaces. You should not use the products on walls or surfaces of antiques, heirlooms or other valuable or irreplaceable items. Removal of the product from some painted walls and surfaces can cause paint to be removed from that wall or surface in certain instances. As noted above, we suggest you sample test a section of the wall or surface as we will not be liable to you in any way for damage to paint on a wall or surface caused by the adhesion or removal of the product.
- We will not be liable for any loss or damage arising from incorrect use of the product (including whether direct, indirect, special, incidental or consequential) or for any damage to walls or surfaces resulting from applying or removing the product.
25. Delivery & Overseas Shipping ( N/A)
- Delivery and re-delivery fees are non-refundable except where ****required by Law.****
- We use only reputable freight forwarding services. The cost of delivery and shipping will automatically be calculated for you before you commit to purchase. We use Australia Post, DHL, UPS, Australian Air Express and FEDEX freight services.
- If you are shipping overseas custom, duty, taxes and fees (if any) are your responsibility. Unfortunately we have no control if any custom, duty, taxes or fees imposed on your order.
- Delivery times will vary depending on your delivery location.
- Please note that some carriers may require a signature upon delivery. If there's no authorized person at the delivery address to sign for the parcel, then the delivery driver may leave a card with instructions re-delivery or collection instructions. Additional charges may apply for multiple delivery attempts.
26. Competitions & Giveaways
- Pickawall Pty Ltd will regularly provide prize draws, competitions & giveaways. All prize winners will be randomly generated and no individual total prize value of any draw, competition or giveaway will exceed US$1000. All winners will be notified of prizes via email and free delivery of prize/s will be included. Winners must redeem their prize/s within 3 months of notification, after which date pickawall pty ltd has the right to retract awarded prize/s. All Pickawall prizes are for one product only and cannot be split into multiple Pickawall redemptions. All individual wallpaper prizes on offer on this website where a size or a dollar amount is not specified are to a maximum printed size of 15sq feet.
- All competition entrants understand that any image or video submitted may be used by Pickawall, for marketing and promotional purposes on our social media pages (Facebook, YouTube, Instagram ETC), for a maximum of three years after the Competition closing date. You hereby grant Pickawall a non-exclusive, irrevocable licence in each Entry throughout the world for three years in all media for any use connected to the promotion of any Pickawall event and/or competition, including, but not limited too: (a) judging the Competition (b) displaying the winning entry/s and runners up/s (c) inclusion within the Pickawall Website, magazine, electronic direct mail or similar (d) inclusion within any materials promoting of the Competition and / or any exhibition organised by Pickawall, in the promotion of the Pickawall (e) sub-licencing the Entries to the press for reproduction in connection with the Competition and any exhibition (f) allowing viewers of the Website to view images on a computer screen, PDA or mobile telephone and store such pages in electronic form on disk or on a PDA or mobile telephone (but not on any server or other storage device connected to a network) for their personal, non-commercial use only. Refer condition 18 also