Terms & Conditions For The Print Library

1. Access to Print Library 

1.1 You can view our surface prints or patterns in a virtual library that is password-protected. To gain access to the Exclusive Print Library, you must submit a webform providing your name and business details. We may review your request and, at our discretion, provide you with a password, though we are not obligated to do so. 

1.2 If we provide you with a password, it must not be shared with anyone, except where necessary for senior management or executives within your business.  You are solely responsible for the activity that occurs on your account. 

1.3 You may purchase a licence to use a Print from the Print Library, but this does not transfer ownership or copyright of the Print. The licensee provides limited usage rights under terms outlined in a Licence Agreement that you will enter into with us. 

1.4 To purchase a licence for a Print, you must: 

(a) Add the desired Print to your cart, noting that you are purchasing a licence, not the Print itself; 

(b) Complete the provided form specifying your intended use of the Print; 

(c) Agree to the Licence Terms and Conditions; 

(d) Proceed to checkout and pay the licence fee, which constitutes an offer to purchase the licence but is not a guaranteed order; 

(e) Upon receiving your payment, we will send you a Licence Agreement with details of your purchase; 

(f) You must sign and return the Licence Agreement. If you change your mind before signing, contact us for a full refund. Once signed and returned, no refunds are available; 

(g) The digital file of the licensed Print will be delivered to you on the Commencement Date outlined in the agreement. 

1.5 We reserve the right to refuse an order for any reason at any time. In such cases, we will issue a full refund. 

2. Availability of Prints 

2.1 While we strive for accuracy, the availability of Prints may sometimes be incorrect. In such cases, we will contact you to discuss alternative arrangements. 

2.2 Occasionally, the Print Libraries may experience downtime, during which the Prints may be unavailable. 

3. Pricing and GST 

3.1 All prices for Prints are in Australian dollars and include Goods and Services Tax (GST) where applicable. 

3.2 You agree to pay the price (including any applicable charges and taxes) for all orders in Australian dollars. 

3.3 GST, where applicable, must be paid at the same time and in the same manner as the purchase price. 

3.4 We reserve the right to change prices at any time without notice. However, the price displayed at the time of your order will apply, even if it changes before, we accept your order, unless the price reflects an error due to technical fault for instance “$0” whereby we will contact you. 

3.5 We reserve the right to correct pricing errors on our website or print Libraries due to human or technical error. 

4. Payment Terms 

4.1 We accept payment via Stripe and reserve the right to change our payment provider. 

4.2 To the extent allowed by law, we are not liable for any loss resulting from credit card fraud. 

4.3 We are not liable for additional charges imposed by your bank or credit card provider, especially for foreign exchange transactions. 

4.4 If your payment is declined, we cannot hold the Print(s) for your order. 

4.5 For information on how Stripe handles your financial data, please refer to their privacy policy. 

5. Access to Pattern Prints 

5.1 Your order is considered pending until the Licence Agreement is signed by both parties. 

5.2 Once the Licence Agreement is signed, we will release the digital file of the Print(s) to you. 

6. Refunds and Cancellations 

6.1 If you are a consumer under Australian Consumer Law, it applies to the extent of any inconsistency with these terms. 

6.2 For minor issues (as defined by Australian Consumer Law), we may replace the Print(s) instead of offering a refund. 

6.3 For major issues, a refund or replacement may be provided. 

6.4 If you change your mind before signing the Licence Agreement, you can cancel your order and receive a full refund. Once signed, no cancellations or refunds are available unless required by Australian Consumer Law. 

7. Your Obligations 

7.1 You must use the Print(s) in accordance with the Licence Agreement and these terms. You are responsible for maintaining the security of the digital files. 

7.2 You must not share, resell, or distribute the digital Print(s) for personal or commercial use outside of your business. 

7.3 If using the Print(s) in social media promotion, you must attribute us, Dianne Stark Creative, as the creator of the Print(s). 

7.4 If we discover a breach of these terms or the Licence Agreement, we reserve the right to take appropriate action. 

7.5 You are responsible for ensuring you have the necessary hardware and software to access the Print(s) provided. 

7.6 We only provide a digital file of the Print(s) for which you have purchased a licence. All production or application of the Print(s) is your responsibility. 

8. Disclaimer 

8.1 We do not guarantee any specific outcome or quality from the use or application of the Print(s), including profitability, merchantability, or aesthetics. 

8.2 Images on the website are for illustration only, and variations in colour may occur based on your device settings and production processes. 

8.3 We do not guarantee that the Print(s) are free from any prior associations due to previous licences. Your licence purchase involves some inherent risk of reputation from prior users. 

8.4 We are independent businesses, and nothing in these terms creates an agency, partnership, or joint venture. We are not liable for any actions or omissions by previous users of the Print(s). 

8.5 To the extent permissible by law, we provide the Print Library and its contents on an “as is” basis without warranties. We are not responsible for any inaccuracies, bugs, viruses, or service interruptions in the Print Libraries. 

8.6 We exclude liability for any loss or damage, whether direct or indirect, arising from your use of the Print Libraries or reliance on information contained in them. 

9. Warranty 

9.1 We warrant that the Print(s) delivered: 

(a) Are owned by us, in terms of intellectual property rights; 

(b) Will match the description in the order form; 

(c) Are free of third-party claims; 

(d) Are of acceptable quality as defined by Australian Consumer Law 

9.2 To the fullest extent permitted by law, no other warranties or guarantees are made.