Terms and Conditions of Use*
*Definitions*:
– “Templates” refer to the digital paper flower templates designed by me Designer Petals and available for download on my Etsy shop or Website. All Digital Template Downloads are non-refundable.
– “Customer” or “You” refers to the individual or entity purchasing and downloading the Templates.
– “License” refers to the non-exclusive, non-transferable, and non-sublicensable right to use the Templates granted to the Customer.
1. *License Grant*:
– Upon purchase and download, the Customer is granted a License to use the Templates for personal, non-commercial use.
– The License is limited to the Customer’s individual use and may not be shared, sold, or transferred to any third party or sold as your own.
2. *Permitted Use*:
– The Customer may use the Templates to create paper flowers for personal use, gifts, or charitable purposes.
– The Customer may not use the Templates for commercial purposes, including but not limited to, selling or offering for sale any products made using the Designer Petals Templates.
3. *Prohibitions*:
– The Customer may not modify, adapt, or alter of Designer Petals Templates in any way.
– The Customer may not reverse engineer, decompile, or disassemble the Designer Petals Templates.
– The Customer may not sell, rent, lease, or otherwise transfer the Designer Petals Templates or any rights granted under this License.
4. *Ownership*:
– The Templates and all intellectual property rights, including but not limited to, copyrights, trademarks, and trade secrets, remain the exclusive property of DesignerPetals.com.au.
5. *Warranty Disclaimer*:
– The Templates are provided “as is” and “as available,” without warranty of any kind, express or implied.
– DesignerPetals.com.au disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6. *Liability*:
– In no event will DesignerPetals.com.au be liable for any damages, including but not limited to, incidental, consequential, or punitive damages, arising out of the use or inability to use the Templates.
7. *Termination*:
– The License granted under this agreement may be terminated by DesignerPetals.com.au at any time, without notice.
– Upon termination, the Customer shall immediately cease all use of the Templates and destroy any copies in their possession.
8. *Governing Law*:
– This agreement shall be governed by and construed in accordance with the laws of Australia, Victoria.
9. *Payment Terms*
– All physical products, including customised items, must be paid in full prior to delivery or collection.
– Hire items, including but not limited to standing flowers, must be paid in full prior to delivery or collection.
– A refundable deposit may be required for hire items, at the discretion of Designer Petals.
– The refundable deposit will be returned to the customer once the hire items are returned in good condition, as determined by Designer Petals.
10. *Refund Policy*
– Refunds for hire items will be made at the discretion of Designer Petals and excludes Digital Downloads.
– Bonds will only be made if the hire items are returned in good condition, as determined by Designer Petals.
11. *Cancellation Policy*
– Cancellation only refers to Hire items and excludes Digital Templates.
– Cancellations must be made in writing and received by Designer Petals at least 60 days prior to the scheduled delivery or collection date.
– Cancellations received less than 14 days prior to the scheduled delivery or collection date will not be eligible for a refund.
12. *Entire Agreement*:
– This agreement constitutes the entire understanding between the parties and supersedes all prior or contemporaneous agreements or understandings.
By purchasing and downloading the Templates, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.
Physical products created by me are to be paid in full prior to commencement. Rush fees my also apply and is at the desecration of Designer Petals.