Acceptance of the Terms and Conditions
Welcome to Unmistakable Creations (a.k.a. “we” or “us” or the “Company”). We are excited to have you as user an member of the community. The following terms and conditions (collectively, these “Terms and Conditions”) apply to your use of Unmistakable Creations, business ABN 48191384281 . The general conditions of sales include any content, functionality and services offered on or via Unmistakable Creations (the “Website”). The Terms of Service also include our Privacy Policy
Changes to the Terms of Service and the Website
Unmistakable Creations reserves the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.
Accessing the Website,Security and Privacy
We’re working hard on improving Unmistakable Creations, but we can’t guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss. To access certain features of the Website you may have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend to choose a strong password (e.g. “itslongWITHCAPSand99numbers!!”) and you log out from your account at the end of every session. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service. We also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.
Purchase of Unmistakable Creations Products
If you agree to pay the fee for services/products from Unmistakable Creations, such amount will be charged by the company designated by Unmistakable Creations in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the Unmistakable Creations Websites are inclusive of any applicable sales taxes and fees. Unmistakable Creations accepts a variety of different payment methods, so please check the Unmistakable Creations Websites for the best way for you to pay.
Prices
The prices indicated on Unmistakable Creations are shown in Australian Dollars. We reserve the right to modify our prices at any time but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.
In regards to prices quoted for Cruises – these prices are FROM a stated amount and ones quoted are subject to availability and can be withdrawn at any stage from Royal Caribbean. Only confirmed prices are ones that have been given to you on your invoice from the travel agent – Geelong Travel – upon booking. Please read the Frequently Asked Questions and Geelong Travel’s T & C’s in regards to cancellations as these apply to all cruise bookings.
Postage
Please understand that I am a Sole Trader and run my business alone. I endeavour to pack orders within 24 hours of receipt of payment, however during busy times such as online sales and shows, this could be delayed slightly. Mail is taken to the post office in bundles usually twice a week. Usually on a Monday and Friday, however when time permits, midweek mail is posted as soon as possible, to avoid delays.
Unmistakable Creations (Melissa Kennedy) is not able to accept responsibility for lost/missing packages sent via normal parcel post. All our mail is sent through standard service which does include tracking. If your parcel is left when no-one is home we will not accept responsibility for any missing parcels. If you require registered mail if is up to you to request that when ordering in the notes section.
Privacy and protection of personal data
The details you give us are essential for the processing and delivery of your orders, for billing, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present general Terms and Conditions.
You have the permanent right to access and rectify all the information that concerns you, in accordance with Australian texts and national laws. You can at any time make a request to Unmistakable Creations to find out what personal information we hold concerning you. You may at any time, and by request, modify this information.
Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you.
Intellectual ownership
All the content on Unmistakable Creations website (illustrations, texts, names, brand names, images and videos) is the property of Unmistakable Creations. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorisation by Unmistakable Creations. All information, content and files is protected by International law concerning intellectual ownership and copyright. Unmistakable Creations cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.
Unmistakable Creations will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
Waiver and Severability
Any failure of Unmistakable Creations to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Unmistakable Creations, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Feedback & Comments
Any opinions left on the Website by Unmistakable Creations customers are screened and moderated by Unmistakable Creations . If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), Unmistakable Creations reserves the right to refuse or modify it.
