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WEBSITE TERMS + CONDITIONS

This website (the “Site”) is owned and operated by Erin Duncan Creative (“EDC”).

 The following terms and conditions govern your access and use of the Site. By accessing or using this Site you indicate your agreement to these terms and conditions. Please carefully read these terms and conditions and the related Privacy Policy before accessing or using this Site, as your use and access create a binding agreement to these terms and conditions. If you do not wish to be bound by these terms and conditions, do not access or use this Site. If these terms and conditions are considered an offer by EDC, acceptance is expressly limited to these terms.

 Site Content

While this Site is not aimed at children, we believe that the content found here is suitable for a family audience. If you are a minor under the age of 18, you need the consent of your parent or guardian to use or access the products and services on the Site. In addition, EDC does not knowingly collect personally identifiable information from children. Please see our Privacy Policy for further details.

 Additions to Site Content

Any new products or features added to the Site will also be subject to these terms and conditions. The most current version of these Terms and Conditions will be available on this page. EDC reserves the right to update, change or replace any part of these Terms and Conditions. It is your responsibility to check this page periodically for changes. Your continued use or access of the Site following the posting of any changes constitutes acceptance of those changes.

 Intellectual Property

This Site contains intellectual property owned by EDC, including copyrights, trademarks, and proprietary information. EDC reserves all rights in its intellectual property. You may not publish, create derivative works from, or in any way exploit any of the Site Content, in whole or in part, without the prior, express written agreement of EDC.

 Lawful Purposes Only

You may use this Site for lawful purposes only. You will not use the Site for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with these Terms and Conditions.

 Description of Site Offerings

EDC endeavours to describe and display the content and products shown on the Site as accurately as possible. Please do not accept that the Site is entirely accurate, current, or error-free. From time to time EDC may correct errors in pricing and descriptions. EDC reserves the right to refuse or cancel any order, for any reason, including on the basis of an incorrect price listing.

 Blog Comments

EDC invites comments to Erin Duncan’s blog posts. While lively and vigorous commentary is welcomed, disrespectful, libelous, or false commentary is not. EDC reserves the right to remove any commentary that does not meet the standard of respectful inquiry/debate. In addition, while you retain the copyright, if any, in commentary and other content you submit to the Site, by posting material on the Site, you grant EDC a worldwide, perpetual, nonexclusive license to use the material in relation to published content on the Site and related publications.

 Third-Party Links

The Site contains links to third party websites and resources. You acknowledge and agree that EDC is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 No Warranties

EDC does not guarantee, represent or warrant that your use of the site, or the products offered therein, will be uninterrupted, timely, secure or error-free. EDC does not warrant that the results that may be obtained from your use of the site, or the products offered therein, will be accurate or reliable.

You agree that from time to time EDC may remove all or some of the products offered on the Site for indefinite periods of time.

You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products delivered to you through the Site are provided “as is” and “as available” for your use, 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.

 No Consequential Damages

To the full extent permitted by law you agree that under no circumstances shall EDC be liable (i) for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the use, reliance on, or inability to use the Site or its products; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in the Site or its products. In no event shall EDC’s cumulative liability to you exceed the total purchase price of the products you have purchased from EDC.

 Indemnification

You agree to defend and indemnify EDC against any and all liability, claims and losses, including third-party claims, arising out of any breach by you of these Terms of Use or any use by you of the Site or it products. You shall not settle any third party claim or waive any defense without EDC’s prior written consent.

 Changes to Terms and Conditions

EDC may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this site. Any use of the Site by you after being notified means you accept these amendments.

 Digital Copyright Act (“DMCA”). 

EDC respects the copyrights of others. If you see any content on the Site that you believe violates or infringes your copyright, you may submit via email a DMCA take down request. Please provide the following information: (1) The URL, and other description if necessary, to precisely locate the unauthorized material on the Site; (2) a detailed description of the copyright protected work you believe has been improperly used; (3) a URL link or other reference to the work you believe has been improperly used; (4) acknowledgements in the following forms, as required by the DMCA: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law” and “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed” and your signature “/s/ [fill in your name]”. Submit this in an email to hello@erinduncancreative.com

 Governing Law and Dispute Resolution
You agree that the laws of the State of Queensland, excluding its conflicts-of-law rules, shall govern these Terms of Use. You expressly agree that exclusive jurisdiction for any claim or dispute with EDC, resides in the courts of the State of Queensland, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Queensland. The exclusive venue for any such claim or action shall be, as appropriate, either the federal court of Australia or the state court of Queensland.

 As a condition precedent to your filing any claim or action against EDC, you agree to participate in good faith in a mediation, to be conducted at a mutually agreeable location in Queensland each party to bear its own costs. Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises.

 Severability
If any term, provision, or condition of these Terms and Conditions is held by a court or other judicial authority to be invalid, void, or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 Effect of Headings
The subject headings of the paragraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

 Entire Agreement/Waiver

These Terms and Conditions and related Privacy Policy constitute the entire agreement between you and EDC pertaining to your use of the Site and any products offered therein. This agreement supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this agreement by EDC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by EDC.

 Date of Last Update

Novemebr 4th2019

WEBSITE PRIVACY POLICY

This Privacy Policy applies to the Erin Duncan Creative website (“EDC” and “Site”). This Privacy Policy describes the information EDC collects on the Site, how it is used, and your options with respect to its use. By accessing or using this Site you indicate your agreement to this Privacy Policy. If you do not wish to be bound by this Privacy Policy do not access or use this Site. Please also review EDC’s terms & conditions of which this Privacy Policy is a part.

In General. The information you provide is used to process transactions, improve EDC products and services, and to communicate with you as needed. We do share your information with trusted third parties who assist us in operating our Site, conducting our business and servicing customers and visitors, such as our payment processing system and our email service processors, etc. These trusted third parties agree to keep this information confidential. EDC does not share your personal information with unrelated third parties.

Personally Identifying Information.

 In order for you to make purchases from the Site, we collect your name, company name (if applicable), address, email address, phone number(s) and credit card details. This data is shared with our third party transaction processor(s). In order to sign up for our mailing list you are required to submit your name and email address. This mailing list data is shared with our email service processor(s). You also may submit comments to the EDC blog, which submission may contain personally identifiable information. EDC may also collect potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on its blog.

Non-Personally Identifying Information. 

Like most website operators, EDC collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. EDC’s purpose in collecting non-personally identifying information is to better understand how visitors use the Site.

Disclosure of Information. 

We will not share your personally identifying or potentially personally identifying information, except:

To EDC’s employees, contractors, or service providers that need to know the information in order to process it on EDC’s behalf.;

Where it is required in order to comply with lawful government process (e.g. a court or administrative agency subpoena); or

When we believe in good faith that disclosure is reasonably necessary to protect the property or rights of EDC, third parties or the public at large.

Security.  

We take reasonable and sound precautions to safeguard your personally and potentially personally identifiable information. But no Internet data exchange can be guaranteed to be fully secure. You acknowledge that information you share with us could potentially be accessed by a third party. You agree that EDC is not responsible for any intercepted information shared through the Site without our knowledge or permission and you release EDC from claims arising out of or related to the use of such information.

Website Links. This Site may contain links to third-party websites. We do not endorse and are not responsible for the information practices or privacy policies of any other website.  If you decide to access any other website that may be linked to or from EDC’s Site you should consult that website’s privacy policy.

Cookies. A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. EDC uses cookies to help identify and track visitors, their usage of the Site, and their access preferences. Site visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies. Certain features of EDC’s Site may not function properly without the aid of cookies.

Children. EDC does not knowingly collect personally-identifiable information from users of this Site who are under 13 years of age. No personally-identifiable information should be submitted this Site by visitors under 13 years of age without the prior written consent of their parent or guardian. If you are an adult and have reason to believe that a minor under your supervision has, without your permission, provided his or her personal information to us, you may email us at hello@erinduncancreative.com

Updating Your Information. You may update your personal information by emailing us at hello@erinduncancreative.com

Opt Out. You may at any time request to no longer receive communications from EDC and to have your personally identifying information deleted from EDC’s records by emailing us at hello@erinduncancreative.com

Privacy Policy Changes. EDC may change its Privacy Policy from time to time. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

This privacy policy was last updated on November 4th2019

SHOP POLICIES

PRINTING & PACKAGING

My prints are printed in my studio in Australia using high quality archival inks. 

These stunning prints are gorgeously vibrant and sharp and if looked after they will not fade for over a hundred years. 

The paper I use is a beautiful Matte Smooth Cotton Rag which has a weight of 310gsm.

Each print is signed and dated on the back.

Prints are sold unframed.

Print colours may vary from your screen due to the difference in screen calibrations.

Prints will be packaged in a cellophane slip and mailed in a hardback flat envelope for protection.

A4 prints will be packaged with a backing board.

PAYMENT

We accept all major credit cards as payment.

SHIPPING

Processing Time

Prints are made to order. Please allow 2 – 5 business days to process your order.

All orders are shipped via Australia Post standard post.

Please be sure your shipping address is correct as we are not responsible for costs associated with orders shipped to the wrong address (unless it was our mistake of course). 

Once your order has shipped we will send you email notification that your package is on it’s way. Items within Australia will receive a tracking number via the post office. Unfortunately, international orders are unable to be issued a tracking number at this time.

Postage within Australia

FLAT RATE $7 per order for standard shipping, no matter how much you buy!

Australia Post generally take 1 – 2 weeks to deliver to all parts of Australia. This is additional to processing time.

International Shipping

International shipping is a flat rate of AUD $20. International postage can take between 2-6 weeks. Some countries charge customs and import tax which will need to be paid by you. We are not responsible for delays due to customs.

Refunds

We do not accept exchanges or refunds for change of mind.

We take the greatest care to pack and protect your prints for shipping. 

If your print arrives damaged, please email a photo of the damaged item and packaging and we will replace it for you.

Please contact us at hello@erinduncancreative.com if there is an issue with your order.

THANK YOU!

I am deeply grateful for your support. It truly means the world to me that you have chosen to purchase from my business and I hope that my offerings bring you huge amounts of joy for a very long time to come.  xoxo