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Emma Parks Creative

Refunds​

This Refund Policy (“Policy”) applies to the following purchases: through emmaparks.com and emmaparkscreative.com

 

1. General

(a) We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Refund Policy (“Policy”).

(b) Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.

(c) Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.

 

2. Australian Consumer Law

(a) Under the Australian Consumer Law:

(i) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled

(A) to cancel your service contract with us; and

(B) to a refund for the unused portion, or to compensation for its reduced value.

(ii) You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

(b) We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.

(c) The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.

(d) If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.

(e) Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.

(f) If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law ) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.

(g) If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law ) then you may still be entitled to have the goods repaired or replaced.

 

3. Cancellation and Change of Mind

(a) We do not offer any refund if you change your mind, or find the same product or service cheaper elsewhere.

4. Products Damaged During Delivery

(a) In the event that the product you ordered has been damaged during delivery:

(i) Please contact us as soon as possible.

(ii) Any damaged product must be returned in the condition in which it was received, together with any packaging and other items which you received with the damaged product.

(b) We will arrange to repair or collect the damaged product and replace it with an equivalent product, or to refund it, provided that you have contacted us within 5 days from the date of receiving the product.

 

5. Exceptions

(a) Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service purchased by you if:

(i) You misused the said product in a way that caused the problem.

(ii) You knew or were made aware of the problem(s) with the product or service before you purchased it.

(iii) You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.

(iv) Any other exceptions that apply under the Australian Consumer Law.

6. Shipping Costs for Returns

(a) In the event that a product you have purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law, we shall bear any cost of shipping the said product (the “Returned Product”) back to us, as well as any cost of shipping any replacement product to you.

(b) If the Returned Product can easily be shipped or returned, then you are responsible for organising for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law ) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.

(c) If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law ), then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost.

(d) In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law ), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.

 

7. Response Time

(a) We aim to process any requests for repairs, replacements or refunds within 2 business days of receipt.

 

8. How to Return Products

(a) You can contact us at the end of this Policy to discuss a return using the information.

(b) Unless otherwise defined in our sole discretion, we shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase.

(c) To be eligible for a refund, repair or replacement, you must provide proof of purchase.

(d) You may be required to provide government-issued identification to qualify for a refund, repair or replacement.

 

9. Contact Us

(a) If you wish to speak to us about this Policy or about any refund, repairs or replacements, please contact us at: [email protected].

Privacy​

Last Updated On 02-Apr-2023
Effective Date 01-Jan-2023

This Privacy Policy describes the policies of MSP Publishing, PoBox 793 Maitland, NSW 2320, Australia, email: [email protected], phone: 0488083567 on the collection, use and disclosure of your information that we collect when you use our website ( https://emmaparkscreative.com ). (the “Service”). By accessing or using the Service, you are consenting to the collection, use and disclosure of your information in accordance with this Privacy Policy. If you do not consent to the same, please do not access or use the Service.

We may modify this Privacy Policy at any time without any prior notice to you and will post the revised Privacy Policy on the Service. The revised Policy will be effective 180 days from when the revised Policy is posted in the Service and your continued access or use of the Service after such time will constitute your acceptance of the revised Privacy Policy. We therefore recommend that you periodically review this page.

  1. Information We Collect:
    We will collect and process the following personal information about you:
    1. Name
    2. Email
    3. Mobile
    4. Address
    5. Payment Info
  1. How We Use Your Information:
    We will use the information that we collect about you for the following purposes:
  1. Marketing/ Promotional
  2. Customer feedback collection
  3. Processing payment
  4. Manage customer order
  5. Dispute resolution
  1. If we want to use your information for any other purpose, we will ask you for consent and will use your information only on receiving your consent and then, only for the purpose(s) for which grant consent unless we are required to do otherwise by law.
  2. Retention Of Your Information:
    We will retain your personal information with us for 90 days to 2 years after users terminate their accounts or for as long as we need it to fulfill the purposes for which it was collected as detailed in this Privacy Policy. We may need to retain certain information for longer periods such as record-keeping / reporting in accordance with applicable law or for other legitimate reasons like enforcement of legal rights, fraud prevention, etc. Residual anonymous information and aggregate information, neither of which identifies you (directly or indirectly), may be stored indefinitely.
  3. Your Rights:
    Depending on the law that applies, you may have a right to access and rectify or erase your personal data or receive a copy of your personal data, restrict or object to the active processing of your data, ask us to share (port) your personal information to another entity, withdraw any consent you provided to us to process your data, a right to lodge a complaint with a statutory authority and such other rights as may be relevant under applicable laws. To exercise these rights, you can write to us at [email protected]. We will respond to your request in accordance with applicable law.
    You may opt-out of direct marketing communications or the profiling we carry out for marketing purposes by writing to us at [email protected].
    Do note that if you do not allow us to collect or process the required personal information or withdraw the consent to process the same for the required purposes, you may not be able to access or use the services for which your information was sought.
  4. Cookies Etc.
    To learn more about how we use these and your choices in relation to these tracking technologies, please refer to our Cookie Policy.
  5. Security:
    The security of your information is important to us and we will use reasonable security measures to prevent the loss, misuse or unauthorized alteration of your information under our control. However, given the inherent risks, we cannot guarantee absolute security and consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
  6. Grievance / Data Protection Officer:
    If you have any queries or concerns about the processing of your information that is available with us, you may email our Grievance Officer at MSP Publishing, PoBox 793 maitland 2320, email: [email protected]. We will address your concerns in accordance with applicable law.

Privacy Policy generated with CookieYes.

Terms of Use​

The Terms & conditions were last updated on January 1, 2022

1. Introduction

These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.

2. Binding

By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.

3. Electronic communication

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

4. Intellectual property

We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.

4.1 All the rights are reserved

Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

5. Newsletter

Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.

6. Third-party property

Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

7. Responsible use

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.

Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

8. Idea submission

Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

9. Termination of use

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

10. Warranties and liability

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:

 

  • this website or our products or services will meet your requirements;
  • this website will be available on an uninterrupted, timely, secure, or error-free basis;
  • the quality of any product or service purchased or obtained by you through this website will meet your expectations.

 

Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.

Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

11. Privacy

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.

We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

12. Export restrictions / Legal compliance

Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of Australia.

13. Assignment

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

14. Breaches of these Terms and conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

15. Force majeure

Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

16. Indemnification

You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

17. Waiver

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

18. Language

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

19. Entire agreement

These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and MSP Publishing in relation to your use of this website.

20. Updating of these Terms and conditions

We may update these Terms and Conditions from time to time. The date provided at the beginning of these Terms and Conditions is the latest revision date. We will give you a written notice of any changes or updates, and the revised Terms and Conditions will become effective from the date that we give you such a notice. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions. To request a prior version of these Terms and conditions, please contact us.

21. Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of Australia. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Australia. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

22. Contact information

This website is owned and operated by MSP Publishing.

You may contact us regarding these Terms and Conditions through our contact page.

23. Download

You can also download our Terms and Conditions as a PDF.

Shipping​

Thank you for visiting and shopping at Emma Parks Creative. The following information sets out the terms and conditions that constitute our Shipping Policy.

 

  1. Processing your Order

An email confirmation is sent to your e-mail address after placing your order. Please keep this e-mail as proof of your purchase.

 

  1. Shipment Processing Time

Processing time refers to the time it takes for us to prepare your order for shipping.

After your payment is authorised and verified, all orders are processed within 2 business days. We will contact you for some reason if there are any delays.

However, some orders may ship within as few as 1 business day and some may take up to 4 business days.

 

  1. Shipment Locations

3.1.Domestic and International

Emma Parks Creative ships domestically as well as use print on demand (POD) services for international orders. If you have a question about domestic or international deliveries, please contact us at [email protected].

3.2.Shipping Restrictions

Our company does ship to both commercial and domestic addresses. Customers can have their products shipped to a P.O box.

 

  1. Shipment rates and delivery estimates

We endeavour to get your order to you as soon as possible. Once your order is placed, an estimated delivery time will be provided to you. Delivery times are estimates and commence from the date of shipment, rather than the date of order. Delivery times are to be used as a guide only and are subject to the acceptance and approval of your order. Estimated arrival dates are not guaranteed. Weather delays and other unforeseen circumstances may impact delivery time. Unless there are exceptional circumstances, we make every effort to fulfil your order.

 

(a) Please note:

(i) Business day means Monday to Friday, except holidays.

(ii) Orders are not shipped or delivered on weekends or holidays.

(iii) The date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered.

(iv) Products may be delivered in separate shipments.

(v) When placing your order, we consider these factors when calculating the Estimated Delivery Date:

(vi) Transit Time: The amount of time it takes your order to leave our distribution centre and arrive at the local delivery carrier.

(vii) We will not be responsible for the wrong shipping address if you provide incorrect information.

 

(b) Print on Demand (POD)

(i) Domestic (Australia) orders will be sent directly by us, but on the occasion of low stock, they may need to be printed. This will add to the shipping time due to printing.

(ii) Currently, all international orders are printed and sent out per order direct from the printers. Printing time will have to be taken into account with shipping time.

(iii) If you have a question about the POD times, please contact us at [email protected].

 

(c) Pre-orders

Orders containing pre-order items will be packaged and shipped as soon as the item becomes available to us.

 

  1. Tracking Options

Emma Parks Creative aims to provide visibility and transparency throughout the shipment process. Once your order is confirmed and shipped, you will receive a link to track your package as long as a trackable option is available and selected.

 

5.1.   Domestic and International

All orders delivered within Australia automatically have tracking.

International orders are printed and sent within the UK or USA. This service comes with tracking and your tracking number will be sent to you once it has been posted. If we are requested to make alternative shipping arrangements we cannot guarantee tracking and will not be responsible for the delivery of orders sent internationally.

 

  1. International Customs, Duties and Taxes

Currently, we sell to Australia, the USA, and the UK. All orders are printed and shipped within the country of purchase and therefore should not be subject to any customs expenses.

 

  1. Damages

If there is any damage to the packaging on delivery, contact us immediately at [email protected].

 

  1. Missing or Lost Package

There are several reasons why a package gets lost or becomes a delivery exception. We’ve found that more often than not, the package is either in the building or with a neighbour. Emma Parks Creative politely requests that customers look in common courier hiding spots. Please take a look around and let us know if you find it. If you haven’t located your order, please contact us at [email protected] to report missing or lost packages.

 

  1. Questions

If you have any questions about the delivery and shipment of your order, please see our FAQ page, https://emmaparkscreative.com/faq/, or contact us at [email protected].

Owner​

This imprint was last updated on June 14, 2022.

The owner of this website is:

MSP Publishing Pty Ltd
PoBox 793
Maitland NSW
2320
Australia
Email: [email protected]
Phone number: 0488083567