All the Legal Stuff

Terms of Use

Please take the time to read these terms and conditions. 

This website (site) is operated by My Little Finger Prints [ABN:734 741 936 95] (weour or us).  It is available at: www.fingerprintdesigns.com.au and may be available through other addresses or channels.

By using our website and the Services and information offered on our website, you are agreeing to these terms and conditions.

Whilst information provided through this website is believed to be correct at the time of inclusion, this website and its contents are provided to you on an “as is” and “as available” basis.

If you purchase products through our website, there will be additional terms and conditions relating to the purchase. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

  • Consent: By accessing and/or using our Site, you agree to these terms of use, our other terms and conditions and our Privacy Policy (available on our Site). Please read these Terms carefully and immediately cease using our site if you do not agree to them.
  • Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
  • Licence to use our SiteWe grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.
  • Prohibited conductYou must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
    1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
    2. using our Site to defame, harass, threaten, menace or offend any person;
    3. interfering with any user using our Site;
    4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
    5. using our Site to send unsolicited email messages; or
    6. facilitating or assisting a third party to do any of the above acts.
  • Exclusion of competitorsYou are prohibited from using our Site, including the Content, in any way that competes with our business.
  • InformationThe Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
  • Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
    1. copy or use, in whole or in part, any Content;
    2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
    3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
  • User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site or to use by way of email.  By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
    1. You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
    2. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
    3. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  • We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
  • Third party sitesOur Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
  • DiscontinuanceWe may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
  • Warranties and disclaimersTo the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
    1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
    2. access will be uninterrupted, error-free or free from viruses; or
    3. our Site will be secure.
    4. You read, use and act on our Site and the Content at your own risk.
  • Limitation of liability:To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
    1. Subject to any rights imposed by law that cannot be limited or excluded:
    2. All warranties or conditions implied by law are excluded.
    3. If implied warranties or conditions cannot be excluded, but limitation is permitted, our liability is limited to, in relation to goods, a refund of the purchase price actually paid, the replacement of the damaged product or the supply of equivalent product at our absolute discretion and, in the case of services, the supply of the services again or the payment of the cost of having the service supplied again.
    4. No claim will be admitted if the product has received maltreatment, inattention or interference or the product has not been used in accordance with any performance ratings or care instructions.
    5. In no circumstances are we liable for special, indirect or consequential loss or damage of any kind including any loss of profit or of contract, even if you advise us of any special circumstances or such loss was reasonably foreseeable. This includes, but is not limited to, the transmission of any computer viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operation of your computer system.
  • IndemnityTo the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
  • Termination:These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
  • Disputes:In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
  • Severance:If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
  • Jurisdiction:Your use of our Site and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
  • Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

If you any Complaints or enquiries please contact us

My Little Finger Prints
Po Box 3210, Toowoomba 4350
Hey@Fingerprintdesigns.com.au

Last update: March 2019

Return and Exchange Policy

Under Australian Consumer Law, we are not obliged to accept returns for “incorrect choice” or “change of mind” so please choose your products carefully. In special cases, we may agree to exchange incorrectly ordered items that are still in brand new condition including the packaging (If an exchange is approved a 10-20% restocking fee will apply). Any delivery and insurance costs to return the item to us are at your expense. This includes the liability for any lost delivery costs any returns for incorrect choice or change of mind must be sent via registered post.

Replacement or Money Back: We are bound by the requirements of the ACCC and governing laws of Queensland. We are therefore not required to provide a refund or replacement if you change your mind.

We will always refund or exchange if an item has a major problem. This is when the item:

  1. Has a problem that would have stopped someone from buying the item if they had known about it
  2. Is unsafe
  3. Is significantly different from the sample or description
  4. doesn’t do what we said it would, or what you asked for and can’t be easily fixed.

If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement.

Please keep your proof of purchase—e.g. your receipt. 1

Returns

Our Returns policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately, we can’t offer you a refund or exchange.

We do not offer refunds or returns for a change of mind.

To be eligible for a return, your item must:

  1. Item(s) needs to be returned within 14 days of purchase;
  2. Item(s) must be unworn and unused and be in the original condition.

This guarantee does not cover the breakage, damage or gradual degradation of the item due to normal wear and tear. Any item not in its original condition is damaged or missing parts for reasons not due to our error will not qualify for refund or exchange.

To complete your return, we require a receipt or proof of purchase and an email to hey@fingerprintdesigns.com.au prior to you posting it with the reasons so we may be ready to receive the return. Post to the address below.

Att: Returns
PO Box 3210
Toowoomba Qld 4350

Refunds if applicable:

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a 5-7 business days.

If refunds are late or missing:

If you haven’t received a refund yet, bare in mind it does take a few days for processing time especially if it is the weekend.

First, check your bank account again. You can contact your bank to find out the details before the refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at Hey@fingerprintdesigns.com.au

Sale items

Only regular priced items may be refunded, unfortunately, sale items cannot be refunded.

Exchanges

We only replace items if they are damaged and cannot be fixed or are defective. Due to the nature of many of the items we stock, although we will use our best endeavours to replace it with a similar or like item, we cannot guarantee a same item replacement, as many of our items are one-off items.

If you need to exchange it for an item, send us an email at Hey@fingerprintdesigns.com.au and send your item to: PO Box 3210 Toowoomba QLD 4350.

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, we will send the gift certificated refund to the gift giver.

Shipping

To return your product, you should mail your product to: PO Box 3210 Toowoomba QLD 4350, Australia

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are return shipping an item, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

 

Shipping and Delivery

Welcome to My Little Finger Prints (“we/us/our”). These are our Shipping Terms and Conditions.

Non-digital items:

Shipping

Given the number of very different items that we have available we have a number of different shipping options. We register all our items at our own expense to ensure that our customers can always find their orders.

Standard Shipping:

Our Standard Shipping options are determined by the size and weight of your order. All Orders under 5kg are at the following costs:

  1. Small items: Flat shipping rate $9.99
  2. Medium items: Flat shipping rate $11.99
  3. Large items: $14.99
  4. X-Large items: $18.99

Item postage will be calculated by the item with the largest postage requirements at time of shipping.

Any order above 5kg will be advised of the best shipping option available and will be quoted on a per order basis.

Please allow at least 3 business days for processing purchases and Shipping may take 3-10 business days for standard orders

Express Shipping:

Our Express Shipping options are determined by the size and weight of your order. All Orders under 5kg are at the following costs:

  1. Small items: Flat shipping rate $14.99
  2. Medium items: Flat shipping rate $16.99
  3. Large items: $19.99
  4. X-Large items: $28.99

Item postage will be calculated by the item with the largest postage requirements at time of shipping.

Any order above 5kg will be advised of the best shipping option available and will be quoted on a per order basis.

Please allow at least 3 business days for processing purchases and Shipping may take 1-5 business days for Express Orders

Free Shipping:

Orders over $99 of non-digital items will qualify for free shipping

Delivery

  1. Delivery takes place at the time our product passes into your or your agent’s exclusive physical control, when you collect the product or arrange for their collection from us or when ownership of our product has passed to you, whichever is earlier.
  2. Unless we make other arrangements with you, our product is delivered direct (by Courier or Australia Post) to the address nominated by you at the time you applied to purchase our product.
  3. Any date for the delivery of our product indicated by us is an estimated date for delivery only. We are under no liability for any loss or damage, however it arises, if the product is not delivered by that date.
  4. We shall in most instances use Australia Post for the delivery of items unless specifically requested otherwise.

Digital Keepsakes and Prints

All digital items and keepsakes are provided with free shipping as they are emailed to the purchaser within 3-5 business days of purchase.

Privacy Policy

My Little Finger Prints is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

 We collect Device Information using the following technologies:

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
  • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  • “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers paypal payment, email address, and phone number. We refer to this information as “Order Information”.

Further, when purchasing personalised items, we will collect further personal information from you to allow us to complete these orders. This information may include information including but not limited to your birthdate, birthplace, the name of relatives, full name, weight, height or personal likes and dislikes.

When we talk about “Personal Information” in this Privacy Policy, we are talking about Device Information, Order Information and any other information that is collected from you which is personal in nature.

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect includes names, addresses, email addresses, phone and date of birth.

This Personal Information is obtained in many ways including correspondence, in person, by telephone, by email, via our website www.Fingerprintdesigns.com.au, from your website and from third parties. We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

  • Communicate with you;
  • Screen our orders for potential risk or fraud; and
  • When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

Sharing your Personal Information

We share your Personal Information with third parties to help us keep track of your orders as described above. For example, we use Square and Woo-Commerce to power our online store–you can read more about how Square and Woo-Commerce assists us by processing your order.

We also use:

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful requests for information we receive, or to otherwise protect our rights.

Behavioural Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Do Not Track

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

Data Retention

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

 

Minors

The Site is not intended for minors without adult supervision.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

  • For the primary purpose for which it was obtained
  • For a secondary purpose that is directly related to the primary purpose
  • With your consent; or where required or authorised by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances, we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

    Security of Personal Information

    Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

    When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

    Access to your Personal Information

    You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

    My Little Finger Prints will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information.

    In order to protect your Personal Information, we may require identification from you before releasing the requested information.

    Maintaining the Quality of your Personal Information

    It is important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

    Policy Updates

    This Policy may change from time to time and is available on our website.

    Privacy Policy Complaints and Enquiries

    If you have any queries or complaints about our Privacy Policy please contact us at:

     My Little Finger Prints
    Po Box 3210, Toowoomba 4350
    Hey@Fingerprintdesigns.com.au

    Last update: March 2019

    The Fingerprint Collective - Specific Terms and Conditions

    These Terms and Conditions are to be read in conjunction with the Terms of use, Return and Exchange Policy and the Privacy Policy. 

    By submitting a listing to the Fingerprint Collective you agree that you acknowledge and understand the following:

    • Purpose of the Platform: That the Fingerprint Collective is not a sales platform, rather it is designed to be a directory of Small and Handmade Businesses. The Fingerprint Collective is designed to provide a Market Room Experience.
    • Place of Sales: That any sales made, are to be made through the individual lister’s selected platform and payment gateway, i.e. their own website and payment methods.
    • Responsibility of Sales: All sales made, are to be made through the listers personal or business contact details and not through the Fingerprint Collective. My Little Finger Prints takes no responsibility for sales, shipping or delivery of items purchased as a result of using the Fingerprint Collective Directory. All Sales are the responsibility of the Lister.
    • Removal or change to Post: That My Little Finger Prints, as the administrators of the Fingerprint Collective, may at its sole discretion remove, decline to publish or alter any submitted listing from the Fingerprint Collective Directory without formal notice to the Listor. Should such removal occur as to a breach of the standards or policy and procedure My Little Finger Prints shall not be required to provide any reimbursement, credit or refund as such change or removal was due to a breach. Should it come to the attention of My Little Finger Prints that the Accepted Standards have been breached by a lister, My Little Finger Prints at their sole discretion may either remove the post entirely or remove the offending material from the post.
    • Review of Posts: Before Listings become public, My Little Finger Prints Administration shall review each post to ensure that it meets the requirements as provided for in the Terms and Conditions. Such review shall occur on at least 3 occasions each week being every Monday, Wednesday and Friday, reviews may occur outside said time however it will be at the discretion of My Little Finger Prints Administration
    • Use of Fees: Should fees be collected by My Little Finger Prints for Listing on the Fingerprint Collective, said fees shall be used by My Little Finger Prints for but not limited to the promotion of the Collective via social media and print, for fees associated with the maintenance and delivery of the Collective for any other use that is for the benefit of the Collective.
    • Accepted Standards: My Little Finger Prints acknowledges that The Fingerprint Collective is associated with the Brand of My Little Fingerprints and therefore requires that the following standards are followed by all listers with respect the listings on the Finger Print Collective. The Standards are as follows:
      • Listings are not to contain any swearing, racist, sexist or Defamatory information or statement.
      • Listings are not to contain any inappropriate or explicit content or photographs
      • That all photos used are free from copyright and do not infringe upon the intellectual property of others.
    • Standard Listings: Listors may apply to list any business or handmade details as a standard listing. Such listings may be subject to and conditional up the payment of fees from time to time with such fees being listed upon the Dashboard. My Little Finger Prints reserves the right to review and change said fees from time to time with only 1 months’ notice being required of any said changes.
    • Featured Listings: Listors may from time to time choose to have Featured Listings, such Featured listings may be at a premium price to Standard listings. Featured Listings will be listed as a priority on the Directory and shall be given priority for Marketing purposes.
    • Listing Times: Listing once approved shall remain listed for a period of 30 days before requiring relisting.
    • Requirements for Listings: All listings must include:
      • At least one picture
      • A description of the items available
      • The name of the business or individual that the purchase is made through
      • The contact details, Facebook Page and or Website that a potential customer can purchase said items through
      • The appropriate categorisation and classification.
    • Removal of Access: Listors may be removed at the sole discretion of My Little Finger Prints however, said listers may apply to be reconsidered. Applications for Reconsideration must be submitted to Hey@fingerprintdesigns.com.au
    • That all information provided by you is true and correct at the time of provision and that you will update information as required.