User Agreement

Hide and Rose

Welcome to Hide and Rose

By using the Hide and Rose website, you agree to the terms and conditions contained in the Hide and Rose User Agreement (“HRUA”). If you have any questions in relation to the HRUA, please contact Hide and Rose’s Customer Service Centre on info@hideandrose.com.au

1. Date

This RTUA is effective from 1 January 2017 and applies to all users of the Hide and Rose website.

2. Scope

Prior to using the Hide and Rose website, you must read and accept all of the terms contained within or linked to, this HRUA. We strongly recommend that you thoroughly read this HRUA. By using the Hide and Rose website, you agree that the HRUA will apply.

3. Using the Hide and Rose Website

As a condition of your use of the Hide and Rose website you agree that you will not:

  1. copy, modify, or distribute designs, artwork of concepts contained on the Hide and Rose website without the written consent of Hide and Rose;
  2. use any robot spider, scraper or other automated means to access Hide and Rose or collect content for any purpose without our express written permission;
  3. bypass measures used to prevent or restrict access to the Hide and Rose website; or
  4. use the Hide and Rose website if you are not able to form legally binding contracts or are under the age of 18.

4. Content

Content on the Hide and Rose website is provided by Hide and Rose. Hide and Rose is protected by copyright laws pursuant to the Copyright Act 1968 (Cth). You agree not to copy, distribute or modify content from the Hide and Rose website without our express written consent. You may not disassemble, decompile, reverse engineer or otherwise attempt to discover any source code contained on the Hide and Rose website. You agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Hide and Rose. All content appearing on this Hide and Rose website, including the text, website design, logos, graphics, icons, designs, artworks and images, as well as the selection, assembly and arrangement thereof, are the sole property of Hide and Rose.  You may use the content on the Hide and Rose website only for the purpose of shopping on the website or placing an order on the website and for no other purpose.  No materials from the Hide and Rose website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Hide and Rose’s prior written permission. Any unauthorised use of the materials appearing on the Hide and Rose website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

5. Order Acceptance

Your receipt of an electronic or other form of order confirmation signifies our acceptance of your order subject to us receiving your jacket and inspecting the jacket to confirm its suitability for artwork services. In the unlikely event that your jacket is not suitable for the product and services you have purchased, your jacket will be returned to you and you will receive a full refund for your purchase.

6. Pricing

Prices of the Hide and Rose services, products and designs are subject to change without notice. For customers outside of Australia, there may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total. Prices are shown and charged in AUD.

7. Cancellation Fee

If you need to cancel your order, you can only do so providing the Artist has not yet commenced the artwork on your jacket. There is a $100 cancellation fee to cover the cost of administration and postage costs associated with your order. You must contact info@hideandrose.com.au  to discuss the circumstances surrounding the cancellation as soon as possible.

8. Delivery

The delivery times provided by Hide and Rose are estimates only however, we strive to have your jacket completed and returned to you within 14 days of receiving your jacket.

9. International Customs Charges

Some orders may incur a customs or import duty charge. Hide and Rose do not have control over these charges and are unable to advise what they will be. For further information, please contact your local customs office.
 All customs charges are to be paid by the customer on delivery of your order. Orders cannot be returned to sender and Hide and Rose is unable pay these customs charges on your behalf. If you refuse to pay these charges your parcel may be abandoned, and Hide and Rose will not be held responsible for any loss of funds as a result.

10. Limitation of Liability

While Hide and Rose strives to deliver products and services which meets your expectations, you accept that there is a risk when purchasing services and products involving hand painted designs and the products we use on your jacket. To the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of the Hide and Rose website and purchase of the products and services Hide and Rose offers.

To the extent that Hide and Rose is able to limit the remedies available under this HRUA, Hide and Rose expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:

  1. the supply of the products and services again; or
  2. the payment of the cost of having the products and services supplied again.

You agree that you will not claim that Hide and Rose is liable for fraudulent misrepresentation, death or personal injury resulting from our negligence or the negligence of our agents or employees.

To the extent legally permitted, we disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from your use of the Hide and Rose website, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

If Hide and Rose is found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the total cost of the product and services you paid to us in connection with the Hide and Rose services and products.

11. Personal information

By using the Hide and Rose website, you agree to the collection, transfer, storage and use of your personal information by Hide and Rose on our servers. You also agree to receive marketing communications from us unless you tell us otherwise. Refer to the Hide and Rose Privacy Policy contained on the Hide and Rose website. The Privacy Policy forms part of this HRUA.

12. Resolution of dissatisfaction

In the unlikely event that you are dissatisfied with the Hide and Rose products and services you receive, we strongly encourage you to contact us directly via our customer service centre by email to info@hideandrose.com.au  to seek a resolution. Any reasonable requests will be considered and we will attempt to resolve your dissatisfaction through alternative dispute resolution processes.

13. Release

In the unlikely event that you are dissatisfied with the Hide and Rose products and services you receive, we strongly encourage you to contact us directly via our customer service centre by email to info@hideandrose.com.au  to seek a resolution. Any reasonable requests will be considered and we will attempt to resolve your dissatisfaction through alternative dispute resolution processes.

14. Indemnity

To the extent permitted by law, you indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs that you may make against us.

15. General

The HRUA constitutes the entire agreement between Hide and Rose and its customers and supersedes any prior agreements.

To the extent permitted by applicable law, the HRUA shall be governed and construed in all respects by the laws of Australia. You agree that any claim or dispute you may have against Hide and Rose must be resolved by the courts of Australia. You and Hide and Rose both agree to submit to the exclusive jurisdiction of the Australian Courts.

If Hide and Rose does not or delays to enforce any particular provision of the HRUA or Hide and Rose’s rights generally, we are not waiving our right to do so later. In circumstances where a court strikes out any of the terms and conditions contained in the HRUA, the remaining terms and conditions contained in the HRUA will survive and remain in force.

All notices to Hide and Rose must be sent by registered mail to PO Box 473, Isle of Capri, Queensland 4217.

This HRUA may be updated at any time with updates taking effect when you next use the Hide and Rose website or 30 days after we post the updated HRUA on the Hide and Rose website, whichever is sooner.


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