Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to cinderberry.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and cinderberry.com’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that cinderberry.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), cinderberry.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of cinderberry.com.
Digital goods (PDF patterns) are delivered immediately to your inbox for you to print at home. Please be aware there are inherent risks associated with downloading any software and digital goods. You will need to have Adobe Reader installed on your computer in order to view and print your PDF download pattern.
If you do not have this yet you can download the up to date version here.
Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you. Any PDF files you have ordered from cinderberry.com can also be found by selecting the ‘My Account’ page located on the bottom left of our website.
RETURNS AND REFUNDS
cinderberry.com handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should your goods arrive and are found to be defective or damaged, please contact us within 2 days of receiving your order. We will organise to send you a stamped, return envelope. Please return the goods to us within 7 days of receiving your return information.
All returned products must be:
- Unused, and in original condition;
- Returned within 14 days of delivery.
Once we have inspected the goods and they are deemed to be faulty or incorrectly supplied, we will dispatch a new order immediately. Should the goods be no longer available, we will offer a replacement or refund, which ever you prefer. Refunds will be processed promptly and payment made by the same method that you made payment.
- We do not usually refund/exchange for change of mind or wrong choice.
- We do not offer refund/exchange on PDF patterns or digital products.
- All refunds are made at the discretion of cinderberry.com.
From your My Account dashboard you can view your recent orders, print available PDF patterns, manage your shipping and billing addresses and edit your password and account details. My Account is located at the bottom left of our website.
LINKS TO OTHER WEBSITES
cinderberry.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between cinderberry.com and the owners of those websites. cinderberry.com takes no responsibility for any of the content found on the linked websites.
cinderberry.com’s website may contain information or advertisements provided by third parties for which cinderberry.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, cinderberry.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability for any particular purpose. cinderberry.com gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of cinderberry.com to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. cinderberry.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data cinderberry.com collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
DISCLOSE YOUR INFORMATION
We will not share your information with third parties however cinderberry.com may be required, in certain circumstances, to disclose information in good faith and where cinderberry.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download on this website.
cinderberry.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk for your personal and non-commercial use only.
These terms and conditions represent the whole agreement between you and cinderberry.com concerning your use and access to cinderberry.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and cinderberry.com that results in litigation then you must submit to the jurisdiction of the courts of Victoria.