Terms and Conditions

1.1You may not use the Sales Platforms or any material made available through them for any unauthorised purpose. This includes: (a) the reproduction of the material in any material form; (b) the distribution of the material in any material form; (c) re-transmission of the material by any medium of communication; (d) uploading or reposting the material to any other site on the Internet; and (e) “framing” the material from the Sales Platforms with other material on any other website or platform.

1.2You may not modify or copy the layout, code, structure or content of the Website or any other Sales Platform controlled by us.

1.3We reserve all intellectual property rights, including copyright, in all materials, content, designs, templates, instructions, images, photographs, videos and Products made available through the Sales Platforms. Except as expressly permitted under these Terms and Conditions, those materials are provided for your personal, domestic and non-commercial use only and must not be copied, reproduced, redistributed, resold, stored, uploaded, transmitted or otherwise used without our prior written consent.

2.1The Sales Platforms may contain links to websites, platforms or services owned and operated by third parties, including Etsy, Instagram, payment providers, shipping providers or other third-party services.

2.2In relation to third-party websites, platforms or services linked through the Sales Platforms, we: (a) provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and (b) are not responsible for the material contained on those linked sites.

3.1We make the Sales Platforms available for customers and users to access information about our Products and to place orders, but we do not assume a duty of care to users except to the extent required by law.

3.2We are not in the business of providing professional advice and we give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information made available through the Sales Platforms or any linked websites, platforms or services.

3.3To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding: (a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Sales Platforms or of any linked websites, platforms or services; and (b) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Sales Platforms or on any linked websites, platforms or services.

3.4We will not be liable under any circumstances for any loss of profits, or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you: (a) acting, or failing to act, on any information contained on or referred to on the Sales Platforms or any of the linked websites, platforms or services; and (b) using or acquiring, or your inability to use or acquire, the Services or products contained or referred to on the Sales Platforms or any linked websites, platforms or services.

4.1We do not warrant, guarantee or make any representation that: (a) the Website, Sales Platforms, or any servers, systems or third-party platforms that make them available are free of software viruses; (b) the functions contained in the Website, Sales Platforms or any related software will operate uninterrupted or error-free; and (c) errors and defects in the Website, Sales Platforms or any related software will be corrected.

4.2We are not liable to you for: (a) errors or omissions in accessing the Website or Sales Platforms; and (b) delays to, interruptions of, or cessation of the Services provided through the Website or Sales Platforms, software, or linked websites, platforms or services, whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

4.3You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website or Sales Platforms.

5.1Clause 3 and clause 4 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following: (a) if the breach of an implied warranty or condition related to Services: (i) the resupply of the Services; or (ii) the payment of the cost of having the Services resupplied; and (b) if the breach of an implied warranty or condition relates to goods: (iii) the replacement of the goods or the supply of equivalent goods; (iv) the repair of such goods; or (v) the payment of the cost of replacing the goods or acquiring equivalent goods; or (vi) the payment of the cost of having the goods repaired.

5.2You indemnify and hold us harmless against all claims, losses, liabilities, damages and expenses arising from your breach of these Terms and Conditions or your misuse of Sales Platforms or Products.

5.3Embellish You is not liable for any indirect, consequential, incidental, or special loss or damage arising from the use or misuse of our Products.

5.4Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law which cannot lawfully be excluded, restricted or modified. To the extent that any provision of these Terms and Conditions (including clauses 3, 4, 5 and 18) would otherwise do so, it applies only to the maximum extent permitted by law.

6.1We may collect Personal Information which you voluntarily provide when accessing the Sales Platforms or placing an order, such as your name, address, email address and other Personal Information about you.

6.2We do not automatically collect Personal Information from you.

6.3We may collect Personal Information from you when you make an enquiry through Instagram, Etsy, the Website, any “contact us” or “subscribe” function, any other method of contact, or when you place an order with us.

6.4If you contact us directly, any personal information you provide will be used solely to respond to your enquiry or purchase order and will not be shared with third parties without your consent.

6.5Embellish You does not independently collect, store, or process payment information.

6.6Where you purchase through Etsy, Instagram or another third-party platform, that platform may also collect, store and process your personal information in accordance with its own terms and privacy policy.

6.7Our Products are not directed to children under the age of eighteen (18). We do not knowingly collect Personal Information from children under eighteen (18). If we become aware that we have inadvertently received Personal Information from a user under the age of eighteen (18), we will delete such information from our records.

6.8You have the right to access, correct, or delete your Personal Information that we hold. You also have the right to object to the processing of your Personal Information and to request that we restrict the processing of your Personal Information. To exercise these rights, please contact us at the email address provided under clause 20.

6.9We will retain your Personal Information only for as long as necessary to fulfill the purposes for which it was collected, or as required by law. Once your information is no longer necessary for these purposes, we will securely delete or anonymise it.

6.10In the event of a data breach that may compromise your Personal Information, we will notify you and any applicable regulatory bodies within thirty (30) days of becoming aware of the breach, as required by law.

7.1If you subscribe to receiving marketing communication, we may: (a) send you information and updates about any other product, service or information that we provide to our customers; or (b) send you occasional company news and information about other products and services or special promotional offers.

7.2If at any time you would like to stop receiving future commercial messages from us, we include unsubscribe instructions at the bottom of each email.

8.1We may suspend or terminate access to the Website, any account, or any Sales Platform controlled by us at any time, to the extent permitted by law. We have no liability for any costs, losses or damages of any kind arising as a consequence of terminating such access, except to the extent liability cannot be excluded by law.

9.1Embellish You reserves the right to update or amend these Terms and Conditions at any time.

9.2Any changes will take effect from the date they are published on the relevant Sales Platform.

9.3It is your responsibility to review these terms prior to each purchase.

10.1Our Product Range. We currently offer six original mosaic designs, each available in two formats: (a) Digital Download, which includes (i) a PDF line drawing template; and (ii) an accompanying full-colour reference image for customers who wish to source their own materials and create the mosaic themselves. (b) Mosaic DIY Kit, which includes (i) a printed-to-scale (60 cm diameter) line drawing with numbered sections; (ii) a printed colour key linking tile numbers to their position on the design; (iii) 60cm of mosaic mesh; (iv) pre-packaged tiles (sorted by shape and colour, labelled with matching numbers); (v) glass cutters (wheeled nippers) (optional inclusion); and (vi) adhesive/mosaic glue (optional inclusion).

10.2What is Not Included / Optional Additions. Unless expressly stated in the relevant product listing or selected by you as an optional addition, the following items are not included in the Products: (a) grout; (b) glass cutters/wheeled nippers; (c) adhesive/mosaic glue; and (d) the substrate (e.g. tabletop, board, or surface you wish to apply the mosaic to). You are responsible for checking the relevant product listing before purchase to confirm what is included in the Product and what optional additions have been selected.

10.3Product Descriptions. We make every effort to accurately describe all Products. Colours may appear slightly different on screen compared to the physical product received due to: (a) monitor; and/or (b) device settings and printing variations.

11.1All prices are listed in Australian Dollars (AUD).

11.2Full payment is required at the time of placing an order.

11.3No order will be processed until payment has been received in full.

11.4We accept payment methods made available through the relevant Sales Platform, which may include credit/debit card, PayPal or other payment methods offered from time to time.

11.5No deposits or instalment plans are offered.

12.1We ship both domestically (within Australia) and internationally.

12.2Shipping costs are included in the price of physical kits and are covered by Embellish You.

12.3Estimated delivery timeframes will be provided at the time of purchase.

12.4Delivery times may vary depending on your location and courier availability.

12.5We are not responsible for delays caused by customs, postal services, or events outside our reasonable control.

12.6Risk in physical products passes to you when the products are delivered to the delivery address nominated in your order, except to the extent otherwise required by law.

12.7If your order is lost or significantly delayed in transit, please contact us and we will work with you to find a resolution.

12.8We cannot guarantee outcomes where loss or damage is caused by the carrier.

13.1We will always honour your rights for a refund, repair or replacement as required by the Australian Consumer Law.

13.2We will offer a refund or replacement where a product: (a) is faulty or not of acceptable quality; (b) does not do what the packaging states; (c) does not match the sample or description; or (d) has been recalled.

13.3To help us assess your request promptly, please contact us within fourteen (14) days of receiving your order where possible via the email provided at clause 20 and provide a description of the issue along with supporting photographs. This does not limit any rights you may have under the Australian Consumer Law.

13.4We do not offer refunds or exchanges for: (a) change of mind requests; (b) if the problem was caused by the customer misusing it; or (c) the customer knew or was aware of the problem with the product before they bought it.

13.5Digital downloads are non-refundable once the file has been accessed or downloaded onto your device, except where required by Australian Consumer Law.

13.6Refunds will only be issued to your original payment method, including the same card or digital platform used for the initial purchase.

13.7Please allow for a reasonable amount of time for the refund to be processed back into your account.

13.8Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

14.1We do not currently accept product exchanges or store credit.

15.1Stock availability is subject to change due to supply, manufacturing, or demand factors. We reserve the right to limit quantities available for purchase. Accessory items are not included in listed prices. Colour reproduction is indicative only and may vary from the actual product.

16.1Upon purchase of a Digital Download or Mosaic DIY Kit, you are granted a single-use, non-exclusive, non-transferable personal licence to use the included design, template and instructions for your own private, non-commercial mosaic project.

16.2You may not share, copy, reproduce, redistribute, resell, or sub-licence the digital file or design in any form, whether in whole or in part.

16.3Each Digital Download or Mosaic DIY Kit is intended for one person’s personal use only and may be used to create one completed mosaic piece, unless we agree otherwise in writing.

16.4All intellectual property rights in the designs remain with Embellish You at all times.

17.1All designs, images, templates, line drawings, colour keys, instructions, photographs, videos, written content and other materials produced, supplied or sold by Embellish You are original works and remain the intellectual property of Embellish You, including copyright where applicable.

17.2You may not reproduce, copy, resell, distribute, or use any Embellish You design or product for commercial purposes without prior written consent from Embellish You.

17.3The Products are for personal use only and may not be reproduced or used as the basis for commercial products or commercial services.

17.4All logos, icons, brand names or service names that identify us or our Products on the Sales Platforms are our copyright property, trade marks or service marks. All other trade marks or service marks appearing on the Sales Platforms are the property of their respective owners.

17.5You must obtain our written permission before reusing any copyrighted material that is published on or made available through the Sales Platforms.

18.1Our Products contain materials that require careful handling. Please read the following warnings before use: (a) Glass tiles - The kit contains glass tiles. Tiles may break or have sharp edges. Always handle with care and wear appropriate protective equipment. (b) Sharp edges - Broken glass and cut tiles present a risk of cuts and injury. Handle all glass pieces with caution. (c) Cutting tools - Some Products may include glass cutters or wheeled nippers as an optional addition. Cutting tools are sharp and must be used carefully and only by adults. Always follow the manufacturer’s instructions, wear appropriate protective equipment, and keep cutting tools out of reach of children. (d) Small parts and packaging - The kit contains small tiles and may include small parts or packaging that present a choking or suffocation hazard. This Product is not suitable for children and must be kept out of reach of children. (e) Age restriction - This Product is intended for adult use only (18+). It is not a toy and must be kept out of reach of children. (f) Fibreglass mesh - The mosaic mesh is made from fibreglass. Handle with gloves to avoid skin irritation. (g) Grouting - When applying grout, wear a dust mask and ensure adequate ventilation. Avoid inhaling grout dust. (h) Glue/Adhesive - Some Products may include adhesive or mosaic glue as an optional addition, while other Products may require you to purchase adhesive or mosaic glue separately. You must read and follow all manufacturer’s instructions and safety warnings for any adhesive or glue used in connection with the Product. Adhesives can cause skin, eye and respiratory irritation. Use appropriate protective equipment, ensure adequate ventilation, avoid ingestion and contact with eyes or skin, and seek medical advice if irritation or symptoms persist. (i) Packaging - Retain all safety information provided with the product.

18.2Embellish You accepts no liability for injury or damage arising from failure to follow these safety instructions.

18.3You are responsible for ensuring that you use appropriate tools, protective equipment, adhesives, grout, substrate materials and work surfaces when completing your mosaic project. We are not responsible for injury, loss or damage caused by your failure to follow instructions, use appropriate safety precautions, or safely handle glass, tools, grout, adhesive or other materials.

18.4Additional safety information: (a) wear safety glasses or other eye protection whenever you cut, nip or break glass or tiles; (b) cement-based grout and cutting dust can contain fine crystalline silica, so work outdoors or in a well-ventilated area, wear a P2 (or better) dust mask, and clean up using damp methods rather than dry sweeping; (c) keep children and pets away from your work area, tiles, tools, adhesives and offcuts, and keep them away from the finished piece until all edges are smooth and sealed; (d) read the Safety Data Sheet for any adhesive, sealant or grout you use; and (e) if someone swallows a glass piece, grout, glue or other material, or is seriously injured, seek medical help immediately (in Australia call 000, or the Poisons Information Centre on 13 11 26).

19.1We are committed to resolving any concerns or disputes in a fair and timely manner.

19.2If you have a complaint or dispute, please contact us within fourteen (14) days of the issue arising and we will endeavour to resolve the matter through good-faith negotiation.

19.3If a dispute cannot be resolved through negotiation, you may seek to have the matter referred to an appropriate dispute resolution body for mediation.

20.1If you have any questions about these Terms and Conditions, please contact us directly on embellishmeau@gmail.com.

21.1If any provision of these Terms and Conditions are held to be invalid, unlawful or unenforceable, that provision must be read down to the extent necessary to make it valid or enforceable. If it cannot be read down, it is to be severed from these Terms and Conditions, and the remaining provisions will continue to operate with full force.

21.2These Terms and Conditions are governed by and must be construed in accordance with the laws of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.

21.3A waiver of any right or remedy under these Terms and Conditions is only effective if given in writing by us.

21.4These Terms and Conditions, together with any other terms, notices or policies referred to in them, constitute the entire agreement between you and us regarding your access to the Sales Platforms and your purchase and use of our Products.

21.5We may assign or transfer our rights or obligations under these Terms and Conditions to a related body corporate or in connection with a corporate restructure, merger, acquisition or sale of assets. You may not assign your rights or obligations without our prior written consent.

22.1The following defined terms have the meanings below: (a) ACL means Australian Consumer Law; (b) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth), the national law governing consumer rights and protections in Australia; (c) Australian Dollars (AUD) means the currency used to purchase the Products; (d) Business means the business operated by Natalie Ann Gernhoefer trading as Embellish Me AU, including the Embellish You product range; (e) Digital Download means that Product as described in clause 10.1(a); (f) DIY means do it yourself; (g) Etsy means that storefront as located at https://www.etsy.com/shop/EmbellishMeAU; (h) Instagram means the social media storefront as located at @embellishmeau; (i) Mosaic DIY Kit means that Product as described in clause 10.1(b); (j) Personal Information means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not. If information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “Personal Information”; (k) Products means the Digital Download and Mosaic DIY Kit; (l) Sales Platforms means Etsy, Instagram, the Website, and any other online or physical platform, marketplace, store, retailer, event, workshop or sales channel through which we list, promote, offer or sell our Products from time to time; (m) Services means the products, features, services and content we make available through the Sales Platforms; and (n) Website means any website operated by us from time to time.