Purchases

The Rose Street Store is an online platform to facilitate the sale and purchase of various products. On our website, Makers can list their goods for sale and you can browse, select, order and purchase goods that are displayed on this website. Any order placed through The Rose Street Store is an offer by you to the Maker to purchase a particular Good or Goods in accordance with this Terms.

If the Seller accepts your offer, then an agreement is formed between you and the Seller for that particular Good or Goods. We will notify you via email that the Seller has accepted your order. Further, the Sellers reserve the right to accept or reject an order you make using our Website for any reason.

Since we only serve as an agent between you and the Maker, we are not part of any agreement between you and the Maker.

Repairs, refunds and replacements.

If the Goods are damaged or not of acceptable quality, you may have rights under: · Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law).

If there is a minor problem with your Goods (as defined in the Australian Consumer Law) the Seller may repair the Goods instead of offering you a replacement or a refund. If there is a major problem with the Goods, a refund or a replacement may be available.

Unless we or the Seller are required to do so under the Australian Consumer Law, you will be responsible for the costs of returning the Goods to the Seller. Please use a trackable or signed-for delivery service when returning the Goods.

We invite you to notify the Seller of any damaged Goods as soon as possible. If you would like to return an item, please first contact the Seller directly via the order message centre option. If you are not satisfied with the outcome through speaking with the Seller you may escalate your request to our support team via the Contact Us page.

Unfortunately, we or our Sellers are unable to provide a refund for the following products: personalised items, perfumes, body, hand, arms or leg cream, made-to-order furniture, undergarments, earrings for pierced ears and makeup items that have been used or opened.

All items must be returned within 10 days from the date you receive the Goods and must be shipped by the original purchaser. Further, all items must be returned to the Seller in their original packaging complete with any accessories. If the aforementioned conditions are not met, the Seller reserves the right to deny a return.

Product Care

If you have damaged the Goods yourself, or you have failed to take proper care of the Goods the Seller may not be able to provide you with a repair, refund or replacement. However, you may still be able to contact the Seller to arrange a repair or replacement.

The cost of any repair or replacement will be borne by you. Further, the arrangement for any repair or replacement shall be between you and the Seller only and we are or will not be a party to this arrangement.

Exchange

In addition to any of your consumer rights, if you have changed your mind about your purchase, our Sellers will not be able to offer you a refund or exchange. However, you may be able to contact the Seller directly and arrange an exchange on your own.

Shipping Information

While all effort is made to ensure that Goods purchased from our Website will be processed by the Seller within 2 – 7 business days of receiving your order, we or the Seller cannot guarantee processing times. The processing times for Made to Order items can be longer than usual. Our Sellers generally use third party delivery companies to delivery your order. By placing an order for Goods you agree that your details, such as name, contact numbers, delivery address, will be passed to those third parties.

When the Sellers fulfil your order, they will provide you with a tracking number so that you can track the delivery of your order. Further, you agree that notwithstanding anything in these Terms, we or our Sellers are not liable with respect to any loss, damage, cost or expense you or any third party suffers as a result of a change in delivery times or delay in delivery.

If you ask for the Good to be left at a delivery address, we or our Sellers are not responsible for loss, damage or theft of Goods once the Goods are delivered to that address. Some people may also prefer to have their Goods shipped to a business address as an additional precaution. Further, if you require Goods that you have ordered to be redirected to an address other than your original order address, our Sellers may charge you a reasonable fee for doing this.

Service Region

The Rose Street Store services and ships within the Australian community and globally, including (but not limited to) the USA, UK, Europe and Asia at the discretion of the Maker.

Pricing

All prices shown on the The Rose Street Store website are in Australian Dollars (AUD). Prices of artworks shown on the website are set at the discretion of the Maker

Website Use

This website must not be used for any illegal or unauthorised purpose. The website must not be hacked and/or any adaptations made to any aspect of the website. Posting of advertisements or links to any other websites, including but not limited to social networking sites, is not allowed without express written permission from The Rose Street Store.

User Responsibility

The user represents and warrants that they are of sufficient legal age to use the website and to create binding legal obligations for any liability they may incur as a result of the use of the website. The user agrees to be responsible for all of their use of the website (as well as for use of their username and password(s) by others, including without limitation, minors living with them). The user agrees to supervise all usage by minors of the website under their name or account.

Unacceptable Content

Rose Street Store encourages all users to the site to report any inappropriate content the Contact Us page. The Rose Street Store will not manually screen all postings and therefore welcomes the assistance from the community where possible.

Users of the site understand that exposure to inappropriate content may occur and browsing of the website is at the user's own risk.

Warranties

The Rose Street Store offers an "as is" service. Rose Street Store does not supply any warranties in relation to content represented on the website.

Disputes

Rose Street Store is released from any claims arising from disputes between users and members of the website, including disputes between Makers and Purchasers, between Makers and Makers, and between Purchasers and Purchasers.

Communication with Artists

When communicating with an artist directly via the Rose Street Store, you, the Purchaser, agree to be respectful and fair to the artist. If any participant is found to be abusive, the Rose Street Store reserves the right to intervene and discontinue the accounts of participants involved.

Definitions

Maker: Maker is defined as the person who created the original work, has the right to sell the work, and is selling the work via the Rose Street Store website.

Purchaser: Purchaser is defined as the person who has made a purchase on the Rose Street Store website through an online payment.

Member: Member is defined as any person who has created an account on the website, whether they are an Artist or a Purchaser.

User: User is defined as any person, member or not, who browses or uses the website for any purpose.

Content: Content is defined as data, text, images, usernames, graphics, photos, paintings, drawings, artworks, profiles or links or any other information whatsoever that is posted by The Rose Street Store or a member of the website.

Artwork: Artwork is defined as any piece of original work that is offered for sale on or sold via the website.

Copyright: Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art from copying and certain other uses. For more information refer to the information sheets on Artists & Copyright, Infringement, or the Copyright Act 1968.

Original: Original is defined as a primary and original work, as opposed to any copy, reproduction or imitation. Copies and reproductions are not considered original for the purposes of these terms and conditions. Copyright must belong to the creator of an artwork in order for it to be considered original.

Disclaimer

The Rose Street Store does not represent or guarantee that the service or the website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses.

The user acknowledges that the service or the website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including but not limited to technical difficulties with the performance or operation of software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

The Rose Street Store does not warrant that any members' uploads to this website will be protected against loss or misuse or alteration by third parties. Rose Street Store does not warrant that all uploaded content will be available on our website. If Rose Street Store elects in its sole discretion to make available content on its website, it does not warrant that it will be available within a certain time frame. Rose Street Store reserves the right to cancel and refund any sale made through the website.

It is the responsibility of the user to ensure that they are not exposed to viruses, Trojan horses or any other code of a destructive nature.

The Rose Street Store does not accept responsibility for any loss or damage, however, caused (including through negligence), that users may directly or indirectly suffer in connection with their use of this website or any linked website, nor does it accept any responsibility for any such loss arising out of a user's use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions of Use is hereby excluded.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

• If the breach relates to goods:
  • the supply of equivalent goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods;
  • or the payment of the cost of having the goods repaired;
• and if the breach relates to services:
  • the supplying of the services again;
  • or the payment of the cost of having the services supplied again

This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.