Terms of Service

Thank you so much for coming to visit.This website is operated by PeonyMoon (ABN 73 137 849 911). Throughout the website, the terms “we”, “us” and “our” refer to PeonyMoon. PeonyMoon offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (“agreement”).

By visiting our site and/or purchasing Products (“Items”, Product”, Products”) from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms of Service”, “Terms and Conditions”, “Terms”), including those additional Terms and Conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or products which are added to our Online Store (“Online Store”, “Shop”, “Store”) at any time, shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Payment of your Order

The pricing for each of the Products that we offer is detailed on our website.

All Products must be paid for by you in advance of any delivery of your order. If we do not receive prompt payment, or your payment is declined or reversed by your financial institution, we have the right to suspend or cancel your order in accordance with these Terms.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway or processor or credit provider (such as PayPal), which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our website for convenience only. We are not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on our website, please contact them directly.

Product Availability

We reserve the right at any time to modify or discontinue a Product without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of a Product.

Postage and delivery

We post products to destinations in Australia only. We use delivery service providers to help us get our products to you.

By purchasing products from our website, you agree to pay to us postage fees as advertised.

Dispatch Timeframes

We process all physical orders within 2 business days of receipt of payment. Once an order is processed, we will do our best to dispatch orders on the same business day or the next business day.

We ask for your patience as this handling period may vary, for example, if we have a high volume of orders.

You acknowledge that we’re not liable for any delay in dispatch of your order.

Delivery Timeframes

Delivery times will vary between orders. We will do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. As a guide, your orders should arrive within 5-10 business days, unless advised otherwise.

Delivery Address

It is your responsibility to make sure that your postal address details are correct. We are not responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement.

Orders Lost or Damaged in Transit

If you are concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we will investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order.

In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.

Risk

Risk in each order passes to you on delivery to your nominated address. If you ask us to deliver to an address and you are not there, the order will be taken to have been delivered on leaving the order.

If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.

Events beyond control

As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we cannot control affect our ability to dispatch your order, by acceptance of these Terms of Service, you release us from any obligation to dispatch your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we will contact you to discuss a suitable solution.

e-Commerce

Our Store is hosted on Squarespace.  Squarespace provides us with the online e-Commerce platform that allows us to sell our Products to you.

While we take every care to make sure our Online Store is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue).

Please note that when you submit an order through the Online Store, no agreement is formed until we process and accept your order and send you a confirmation. If there has been an error leading to your order, we will contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another).

If we cannot or will not fill your order, we will process a full refund as soon as practicable.

Returns & Exchanges

You are solely responsible for determining whether the Product is fit for your purposes. We do not warrant that the Product will meet your expectations.

We cannot accept cancellation or order refunds for change of mind once your order has been processed.

We do, however, comply with our obligations under the Australian Consumer Protection Legislation (see “Australian Consumer Law” below).

Just because all the items are hand made, there is very small chance of manufacturing defect. We offer FREE  RETURN and FULL REFUND if any manufacturing defect. Please contact us within 10 days upon receipt of your order. 

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

To complete your return, we require a receipt or proof of purchase. Return postage must be paid by the buyer/customer. Items should be sent with tracking number. We do not guarantee that we will receive your returned item.

No Refund will be issued if an item is not in its original condition, is damaged or missing parts for reasons not due to our error. 

Refunds (if applicable) 

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. 

If you are approved, then your refund will be processed, and we will credit into your bank account within 7 days.

Colour Variations

Some of our Products may have slight colour variation, when compared to images viewed on a computer monitor, tablet or smartphone depending on the resolution and/or settings on the device. We strive to ensure all images are displayed accurately in our online store and are true to colour, however we cannot account for subtle variations on different electronic displays, as each screen may differ.

Digital Products Returns

PeonyMoon does not accept returns, exchanges or cancellations for change of mind for digital products. However, if you believe the item you received has a major problem, please contact us promptly.

Australian Consumer Law

Our Products come with guarantees that cannot be excluded, restricted or modified under the Australian Consumer Law (“ACL”). In the event that a Product fails to meet the minimum consumer guarantees under the ACL, you may be entitled to a return, refund, or replacement.

We at all times abide by the ACL with respect to sale of our Products. If a Product arrives damaged, we have sent the incorrect Product, you believe the Product is not as described on our website or for other reasons under which you believe you may have a claim under the ACL, please contact us immediately.

In the event that you are entitled to a return, replacement or refund under the ACL then we will help you to arrange this.

Responsibility for the cost of all return shipping and freight fees in addition to the cost of shipping any Product to you will be as described under “Returns and Exchanges” above.

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:

·      replacement of the Product;

·      repair of the Product; or

·      such other fair and reasonable remedy as we are ready and willing to provide.

We will not be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.

To make an ACL-related claim, please contact us at jane@peonymoon.com.au.

Licencing

The PeonyMoon Logo is solely owned by PeonyMoon and may not be replicated for any other purpose without direct permission from us.

The Products that we sell via this website include digital and physical Images (“Image”, “Images”) that we own or have a license to distribute.

Upon purchase, we grant you licence to display the Product in your home or business, or gift the product to anyone you choose.

However, you and those receiving our Images as a gift are strictly prohibited from: copying, reproducing, reprinting or replicating the Image in any form whatsoever, reselling any part or whole of the Product for commercial sale or otherwise modifying the Image without our express written agreement.

Do Not Consume these Products

Our Products are not made to be consumed. Please secure them in a way to avoid risk of consumption by any human or animal and keep out of reach of small children.

Personal Information

Your submission of personal information through website is governed by our Privacy Policy. Please review our Privacy Policy for further information.

Advice and information

We may give you advice, recommendations, information or assistance in relation to products on our website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability.

Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional or medical advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our website, unless otherwise required by law.

Liability

You expressly agree that your use of, or inability to use, the website and any Product that you purchase is at your sole risk.

Except as otherwise required by law, or as otherwise set out in these Terms, the website and the Products are provided “as is” and “as available” without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Indemnity

By agreeing to these Terms of Service, you hereby indemnify us, keep us indemnified, and hold us harmless against any losses, liabilities, claims, damages, expenses, charges, fines, penalties or other costs whatsoever which we or any of our directors, employees, officers, agents, representatives or contractors may incur, directly or indirectly in relation to:

·      your use of the Product; or

·      your breach of these Terms; or

·      any costs which we might incur in enforcing our rights under these Terms, including our legal costs on a full indemnity basis.

This clause will survive termination, expiration or completion of these Terms.

Jurisdiction

Your use of our website and these Terms are governed by the laws of Queensalnd. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our website may be accessed throughout Australia and overseas.  We make no representation that our website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our website.

Contact Us 

To seek further information or otherwise contact us about these Terms of Service, you may email us at:

PeonyMoon

Email: jane@peonymoon.com.au

Last updated: 11 July 2024.