Terms and Conditions

General 

  1. These terms and conditions apply to all undertakings pertaining to Keepsakes By Nicoleta (herein referred to as “KBN”), unless specifically agreed to in writing by the business owner. This includes, but is not limited to, offers, orders, requests, communications and agreements involving KBN.
  2. KBN terms and conditions apply exclusively in all business dealings involving KBN, unless expressly agreed to in writing.
  3. KBN may accept differing terms and conditions by way of a written agreement. KBN will not be bound by differing terms and conditions unless specifically agreed to in writing.

Offers

  1. Any offers made by KBN, whether verbal, in writing or published (either online or in print) are subject to change at anytime without notice.
  2. All prices specified by KBN are inclusive of GST. Insurance, freight and delivery costs are charged separately at checkout.
  3. Any crafting times advised by KBN are an estimate only, and do not constitute an agreement or firm deadline.

Pricing

  1. KBN prices are calculated based on many varying factors, and are subject to change without prior notice. Factors considered include metal and gem pricing, exchange rates, cost of materials, transport, wages, taxes and levies, import duties and other price-determining costs.
  2. In the event that there is a change to a price-determining cost, KBN reserves the right to adjust pricing at any time without notice. In the event that a price is increased after an agreement was entered into, the price will remain as agreed upon at payment date

Agreements

  1. KBN considers an agreement has been made when an order and payment have been received. An order confirmation can be considered an acknowledgement of the agreement.  Any changes to the agreement will only be made and/or accepted by KBN in writing.
  2. KBN considers the agreement to be concluded when an order has been dispatched.
  3. Agreements with, or statements from staff members of KBN are not considered binding. The business owner: Nicoleta Stephens is the only person who has the power to make agreements on behalf of KBN.
  4. Where any changes or cancellations to orders are made, the other party remains bound to the order. No changes or refunds can be accepted after a period of 24 hours from placing an order online

Crafting Orders

  1. Any crafting timeframe provided by KBN is an estimate. KBN is not bound by any dates or deadlines provided, and is not liable from any deviations.  Exceeding a crafting time does not entitle the buyer to compensation, dissolve or change the agreement.
  2. Crafting times are provided based on the normal operations of a number of different stakeholders. Although KBN are not bound by crafting times, they are provided in good faith that they should be correct during normal operations.
  3. A crafting time for an order becomes relevant only when an order is placed and paid for, and KBN have received any inclusions or information necessary to complete the order (including sizing and colour choices).
  4. KBN considers the crafting time to be complete when an order is dispatched.
  5. In the event of an order that involves multiple items, KBN reserves the right to hold any completed items until all items in the order are complete and ready to be dispatched. A partial delivery will invoke an extra shipping cost, which the customer is liable for.
  6. As items are hand-crafted, minor deviations in colour and appearance are to be expected.
  7. Where possible, customers will be given the opportunity to comment on the appearance of their order before it is dispatched (at the end of the agreement). KBN is not bound to consider any customer requests after an agreement has ended.

Risk and Liability

  1. All orders shipped by KBN are insured by KBN against loss and damage during transport. KBN may provide details of insurance conditions upon request.  KBN is not liable for damage to orders that occur through transport that are outside of the insurance conditions.
  2. Where loss or damage to an order occurs, KBN’s liability is strictly limited to the amount paid by KBN’s insurer.
  3. Should KBN be in default of an agreement, KBN will reimburse damages that are regarded as an immediate and direct consequence of its failure to comply with the agreement.
  4. Customers are bound to indemnify KBN against any third party compensation claims against KBN, and are liable for all costs resulting from them.

Complaints

  1. Any order complaints must be submitted in writing, including photographs where appropriate, within 7 days of receiving delivery.
  2. KBN are not liable for any wear and tear deterioration, or damaged caused by improper use or failure to adhere to care instructions.
  3. Any complaints will be individually assessed. Where KBN is accountable for failing in the execution of an agreement, KBN reserves the right to recraft or refund, as appropriate to the situation.

Force Majeure

  1. Force majeure is a circumstance that is outside of KBN’s control.
  2. Without prejudice to any of KBN’s other rights, KBN reserves the right to suspend or dissolve an agreement partially or completely through a written statement, without liability to compensation or damages, if KBN is unable to execute the agreement due to force majeure.

Custody and Insurance of Goods

  1. Where KBN is in possession of goods of the other party, for the purposes of executing an agreement, those goods are insured against risks of fire and burglary under the terms and conditions of its general policy. Details of KBN’s insurance policy may be provided upon request. KBN is not liable for damage to orders that occur through transport that are outside of the insurance conditions.

Affiliate Program Terms & Conditions

By signing up as an affiliate with *KBN888 Pty Ltd Trading as “Keepsakes by Nicoleta”™️®️* (“Company”, “we”, “us”), you (“Affiliate”, “you”) agree to the following terms and conditions: 

1. *Enrollment* You must provide accurate information when enrolling. We reserve the right to accept or reject your application at our discretion. 

2. *Commissions* You will earn a commission on qualifying sales tracked through your unique affiliate link. Commission rates and payment terms will be provided upon enrollment. **Payments will be made quarterly via EFT – Bank Transaction, subject to reaching the minimum payout threshold of $100. If you only have $75 in earned commissions, you wouldn’t get paid that quarter. Your $75 would carry over to the next quarter until your total earned commissions reach at least $100. Once you reach $100, you would be paid out in the next scheduled payment cycle (quarterly). You are responsible for ensuring that the payment details you provide are accurate and up to date. 

3. *Affiliate Obligations* You agree to: * Promote our products in a lawful, honest, and ethical manner in compliance with the *Australian Consumer Law* (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). * Avoid making misleading or deceptive claims about our products. * Comply with all applicable advertising, privacy, and spam laws in Australia, including the *Spam Act 2003 (Cth)* and *Privacy Act 1988 (Cth)*. * Not engage in any conduct that may damage our reputation or brand. 

4. *Intellectual Property* We grant you a limited, non-exclusive, non-transferable licence to use our approved marketing materials solely for the purpose of promoting our products. All intellectual property rights remain our property. 

5. *Termination* We reserve the right to terminate your affiliate status at any time if you breach these terms. You may terminate your participation at any time by giving us notice in writing. 

6. *Limitation of Liability* To the maximum extent permitted by law, we are not liable for any indirect, special, or consequential damages arising in connection with this affiliate program. Our total liability to you in any circumstance is limited to the commissions you have earned and that are payable to you. 

7. *Relationship* Nothing in these terms creates an employer-employee relationship, partnership, agency, or joint venture. You are an independent contractor. 

8. *Amendments* We may update these terms from time to time by posting the revised version on our website or providing notice to you. Continued participation in the affiliate program constitutes your agreement to any changes. 

9. *Governing Law* These terms are governed by and construed in accordance with the laws of Australia, and you submit to the jurisdiction of its courts.

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