Terms and Conditions

Privacy Policy

Your Rights in Relation to Privacy

Lisa Phung ABN 61 765 114 554 trading as Fox and Hart (“We”) understand the importance of protecting the privacy of an individual’s personal information and adopt the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).

This Privacy Policy sets out how we collect, use and disclose information about you, how we aim to protect the privacy of your personal information and your rights in relation to your personal information.

This Privacy Policy may be updated from time to time.

Kinds of Personal Information

During the provision of our services or through your use of our website, we may collect your personal information. Personal information is information or an opinion about an identified, or reasonably identifiable, individual, whether or not the information or opinion is true and whether or not it is recorded in a material form.

The kinds of personal information we collect may include:

• contact details such as your full name, business or personal addresses, email addresses, phone and fax numbers;
• date of birth;
• details of your ABN and/or ACN;
• financial information including credit card and debit card details;
• information relating to a wedding or other event, such as the event date or location; and
• information provided by you to be reproduced on our products, including names of wedding guests.

(“Personal Information”)

You must notify us as soon as reasonably practicable of any changes to the information provided to us by you or if you are aware of any inaccurate, out of date, misleading or false information.

Sensitive Personal Information

We may also process sensitive Personal Information about you where we have your explicit consent and where it is necessary for us to perform our services.

The kinds of sensitive Personal Information we process may include information about your:

• sexual orientation; or
• religious beliefs or affiliations.

Sensitive Personal Information may be required in order to provide you with tailored products in relation to a wedding where the above matters are relevant or reasonably apparent.

Collection of Personal Information

Generally, we will collect your Personal Information through:

• direct contact with you, whether in person or over the phone, email or post;
• the completion of our forms; or
• information services providers, social media sites or publicly available information

When you use our website, the following information may be logged for statistical purposes and for the purposes of marketing and advertising to you:

• the date and time of your visit to our website;
• your IP address;
• pages that you accessed and documents downloaded; and
• the type of browser you were using.

Cookies may be used on our website.  Cookies are pieces of information that a website transfers to a computer’s hard drive for record keeping purposes.  Most web browsers are set to accept cookies and do not personally identify the user.

Purpose of Collection

We may require your personal information for the following reasons:

• to respond to your enquiries via our website;
• to provide you with our Products;
• for accounting, billing and other internal administrative purposes;
• to invite you to events, functions or training and provide you with updates and publications; and
• to add you to our mailing list where you have subscribed to our newsletter.

We may also use and disclose your personal information in order to inform you of products and/or services that may be of interest to you. In the event you do not wish to receive such communications, you may, at any time, request not to receive direct marketing communications from us or use any opt-out mechanism provided and we will comply with that request.

Disclosure of Personal Information

We may disclose your Personal Information to third parties such as service providers, suppliers or marketing agencies. We limit the information provided to third party providers to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality of such information.

We will otherwise not disclose your personal information to third parties without your consent or unless required by law.

Security of Your Personal Information

We take reasonable steps to ensure that the Personal Information we hold is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. Generally, we hold your Personal Information electronically, but may from time to time hold your information in paper form also.

In the event that your Personal Information is subject to a data breach, we will comply with all mandatory statutory notification requirements.

We will destroy your Personal Information in circumstances where it is no longer required, unless required by law to retain the information.

How You May Access Your Personal Information

Under the Privacy Act, you have a right to access and seek correction of your Personal Information that is collected and held by us.

If at any time you would like to access or correct the personal information that we hold about you, please contact our privacy officer:

Privacy Officer Name

To obtain access to your Personal Information:

• you will have to provide proof of identity to ensure that Personal Information is provided only to the correct individuals and that the privacy of others is protected;
• you will need to be reasonably specific about the information you require; and
• We may charge you a reasonable administration fee, which reflects the cost to us for providing access in accordance with your request.

If we refuse your request to access or correct your Personal Information, we will provide you with written reasons for the refusal and details of complaint mechanisms.

Complaints

Please direct all privacy complaints to our privacy officer. At all times, privacy complaints will be treated seriously and dealt with in a prompt and confidential manner.

You will be informed of the outcome of your complaint following completion of the investigation, which will take no more than 30 days.

In the event that you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Office of the Australian Information Commissioner.

Terms and Conditions 

By using this Website and purchasing and/or hiring the Products from us, you agree to comply with these terms and conditions and our privacy policy.

Definitions

“Commencement Date” means the first day of the Hire Period, being the day the Products are delivered to you.

“Custom Products” means Products which are custom-made for you, such as personalised place cards.

“Hire Period” means the period during which you hire our Hire Products.

“Hire Products” means Products which are hired to you during the Hire Period.

“Products” means the Hire Products, Custom Products and all other products sold by us, including signage, stationery, displays and clothing for use in a wedding.

“Return Date” means the final day of the Hire Period, being the day the Hire Products must be delivered back to us.

"We" means Lisa Phung ABN 61 765 114 554 trading as Fox and Hart.

“Website” means https://www.foxandhart.com.au.

"You" means any user of this Website or purchaser/hirer of our Products.

1. Nature of Information
2. Any information provided under this Website, including blog posts, are of a general nature only.
3. Use of This Website
4. Whilst we will use our best endeavours to ensure that this Website is free from viruses, we make no such warranty that it is, and it is your responsibility to ensure that this Website does not expose you to any viruses or other code that is harmful or may cause harm.
5. You must only use this Website for lawful purposes, which may include:
   • browsing any part of this Website solely in order to view it;
   • purchasing and/or hiring Products.
6. Email addresses, contact forms and any other communication forms that appear on this Website are for professional communications only and must not be used to send unsolicited messages.
7. Purchase or Hire of Standard Products
   1. When purchasing or hiring a Product from this Website, the purchase or hire price for the Product and any estimated shipping or delivery costs will be displayed. Please note that all estimated shipping and delivery costs may be subject to further change, depending on the final weight of the Products. Prices are in Australian dollars and including GST unless otherwise stated.
   2. When placing an order to hire a Hire Product, you will be required to select the Hire Period at the time of placing the order.
   3. You will be required to pay the purchase or hire price for the Product in full at the time of placing your order. Payment is accepted by Bank transfer or via PayPal. Please note that payment via PayPal will incur a 3.5% surcharge.
   4. When you place an order to purchase or hire a Product, you will receive a confirmation email from us. Your order is not accepted by us until shipped or delivered and we are not obliged to supply the Product to you until we have accepted your order.
   5. We may, in our discretion:
      1. offer certain Products for hire or purchase only; or
      2. refuse to accept an order from you if the Product is unavailable.
         
         

1. Purchase of Custom Products

1. To order a Custom Product, you must first provide us with a request for the Custom Product (“Request”).
2. The Request must contain all the information we need to complete the Custom Product, including but not limited to:
1. The words, names, pictures, embellishments and/or drawings (“Design”) you would like on the Product;
2. The type of Product;
3. The design of calligraphy you would like us to use if the Design contains words;
4. The date on which you require the Custom Product to be delivered (“Required Date”); and
5. The address for delivery.
3. We will create and deliver the Custom Product based on your Request. We will not be responsible for, and you agree to bear the costs of, any incorrect Custom Products, typographical errors, undesired Design or failures in delivery, because you had failed to clearly communicate your requirements to us.
4. You acknowledge that your Request does not violate any right held by any third-party, including copyright, trade mark or any other intellectual property right.
5. We may, in our discretion, refuse to accept a Request from you if the Custom Product is unavailable or if we consider that the Request infringes on a third-party’s intellectual property rights.
6. Once we have received and accepted your Request, we will provide you with an invoice containing the price for the Custom Product (“Price”). Any estimated shipping or delivery costs will be included in the Price. Please note that all estimated shipping and delivery costs may be subject to further change, depending on the final weight of the Products. If the Request is completed in full, the Price must be paid in full before your order for the Custom Product is confirmed.
7. If the Request is partially completed (for example, you are awaiting a guest list or menu details), you must pay a non-refundable deposit of 50% of the Price (“Deposit”) before your order for the Custom Product is confirmed. We will provide you with an invoice for the balance of the Price once you have provided us with the complete Request. You acknowledge that the Deposit is non-refundable other than accordance with clause 9 of this Agreement, that the Deposit sum will not be affected by any future reduction in the Price, and that our retention of the Deposit is necessary to protect our legitimate interests.
8. Notwithstanding any of the above, the Price must be paid in full:
1. where the Required Date is less than 21 days from the date the Request is made, within 48 hours of our issue of the Price; and
2. where the Required Date is 21 days or more from the date the Request is made, within 7 days of our issue of the Price. 
9. Once you have paid the Price in full, but before we commence work on the Custom Product, we may provide you with a proof of the Custom Product (“Proof”). We will provide a Proof where we, in our absolute discretion, decide that it is appropriate to do so, or if you made a request for a Proof which we have accepted. Should we provide you with Proof, you must approve the Proof in writing within the time frame specified by us (which shall be (72) hours unless otherwise stated) to avoid delays in production and postage. Should we not provide a Proof, you provide your consent and approval for the creative design choices which make in completing the Custom Products.
10. If for any reason you do not accept the Proof, you must clearly communicate any desired changes to the Design within the timeframe specified by us, which shall be (72) hours unless otherwise stated.
11. We will not charge you for the reproduction of one (1) Proof in relation to each Custom Product. If you do not accept the reproduced or any subsequent Proof, you will be charged an additional $35.00 design fee per amended Proof per Custom Product.
12. We will not commence work on the Custom Product until you have paid the Price in full and, where applicable, accepted the Proof. We will not be responsible for, and you agree to bear the costs associated with, any delays, changes or necessary express postage payable caused by your failure to pay the Price or approve any Proof in a timely manner. You acknowledge that, once you have paid the Price in full and accepted any Proof, we may immediately commence work creating the Custom Product, and any changes will be charged pursuant to clause 5.

1. Changes Policy

1. Once we have commenced work on the Custom Product, we are not responsible for any incorrect or outdated Design, typographical errors or other required changes in relation to the Design, Products and/or delivery and consequentially any further changes or alterations will be invoiced to you at their full cost.
2. You acknowledge and agree that you will not be entitled to any refund as a result of changing a Request after we have commenced work on the Custom Product, including where the change results in a reduced scope of work.

6. Delivery of Products
   1. We will use our best endeavours to deliver the Product to you at the place of delivery specified by you and within the time indicated by us at the time of your order, but we cannot guarantee any delivery times. Should we be required for any reason to change our indicated timeframe for delivery, we will contact you and provide an amended timeframe as soon as practicable after becoming aware of the delay. In the unlikely event that the Product does not arrive in the timeframe indicated by us, please email us at hello@foxandhart.com.au.
   2. We are not responsible for any delays or failures to deliver the Products, which are a result of circumstances outside of our control. In such an event, we will contact you and provide an amended timeframe as soon as practicable after we become aware of the delay.
   3. By placing an order to purchase or hire a Product, you grant us authority to leave the Product at a designated area (for example, at the front door) when placing your order (“Authority”). You may withdraw our Authority by providing us with a written request to that effect. Unless you withdraw our Authority, you understand and agree that this Authority gives us and/or our couriers permission to leave the Product unattended at the place specified by you without obtaining a signature confirming delivery. You understand and agree that by granting us Authority, we and our couriers are released of all responsibility and liability for the Products delivered and left unattended, and that this responsibility and liability transfers to you on delivery.
   4. If you withdraw our Authority and the Products are unable to be left at the place specified by you, you acknowledge that we or our couriers may deliver to the Products at a post office or other collection centre (“Collection Centre”) for you to collect. In these circumstances, you understand and agree that the Collection Centre may return the Products to the sender (i.e. us) if they are not collected within the time frame specified by the Collection Centre, and that we are not responsible for any delays or additional costs associated with the re-delivery of the Products to you.   
   5. You may request to collect the Product from an area designated by us (for example, at our home-based studio). If you do, and if we accept your request, you understand and agree that you must collect the Products from the designated area at the agreed date and time, and that we are not responsible for delays in delivery because you failed to collect the Products at the agreed date and time. You acknowledge that we are under no obligation to accept your request to collect the Products.
   6. All risk in the Product shall pass to you upon delivery. It is your responsibility to take care when opening the Product or packaging so as not to damage it. From the time when risk passes to you, we will not be liable for loss or damage to the Product.
7. Obligations during the Hire Period
8. You must take care not to damage the Hire Products during the Hire Period.
9. The Hire Products are hired to you personally and subject to your acceptance of these terms and conditions, therefore they may not be used by any other person, and we will not be liable for any loss or damage to the Hire Products caused by another person.
10. If the Hire Products are damaged in any way, you must immediately notify us and return the Hire Products to us at your own cost.
11. If the Hire Products are damaged and can be repaired, you agree to reimburse us for the necessary repair costs. If any damage to the Hire Products are unable to be repaired, you agree to reimburse us for the price of the Hire Products.
12. Returning Hire Products
13. “Packaging Materials” (including but not limited to packaging paper, bubble wrap, cardboard boxes and/or plastic containers) will be provided to you with the Hire Product. You must not dispose of the Packaging Material, and you are responsible for maintaining possession of the Packaging Material until the Hire Product is returned to us
14. To return the Hire Product to us, carefully place the Hire Product in the Packaging Material as it was originally received by you, then return it in person to our home-based studio.
15. Hire Products must be by the Return Date. Any Hire Products not returned by the Return Date will be deemed to be late returns.
16. All late returns will be charged a late fee of $5.00 per day using your original payment method until the Hire Product returned, up to 150% of the retail value of the Hire Product.
17. If you have not returned the Hire Product within ten (10) days of the Return Date, we will deem the Hire Product as lost or stolen. All lost or stolen Hire Products will be charged at 150% of the retail value of the Hire Product, less any late fees already paid by you.
18. If you believe that your Hire Product will be returned late or has been lost or stolen, please notify us immediately as we may have customers who were waiting on hiring or purchasing the Hire Products.
19. Refund Policy
20. You have a number of rights and consumer guarantees under Australian Consumer Law, including that Products are fit for purpose (that is, do what they were intended to do or achieve the specific purpose agreed at the time of hire or purchase), of acceptable quality and not faulty or damaged.
21. If you have received a Product with a fault, damage or defect (including typographical errors caused by us), please contact us immediately and provide evidence of the fault, damage or defect and we will determine if we can provide a repair, replacement or refund.
22. Please note that whilst we will use our best endeavours to repair or exchange the Product in accordance with your request, we may be restricted from doing so in the following circumstances:
    1. in the case of repair or replacement, if the Product is no longer stocked or available, in which case we may offer you a similar alternate Product; or
    2. In the case of repairs, if the Product cannot be repaired due to its nature; or
    3. In the case of exchanges or repairs, where the Product cannot reasonably be replaced or repaired and/or delivered to you by the Required Date for any reason (for example, due to time and/or distance restraints).
23. Any faulty or damaged Products must be returned to us prior to us processing your repair, exchange or refund by returning it in the Packaging Materials provided.
24. In the case of any refunds, please allow up to ten (10) days for the refund or exchange to be processed.
25. We do not issue refunds for a change of mind or for an incorrect purchases.
26. If you have hired a Hire Product but have changed your mind or wish to cancel the order, please provide us with a notification to this effect (“Notification”) by email at hello@foxandhart.com.au as soon as possible. As our Products are in high-demand and often reserved weeks in advance, cancellations will be charged as follows:
    1. If the Notification is received by us:
       1. at least 31 days prior to the Commencement Date, we will refund the full hire price to your original payment method;
       2. between 31 and 14 days prior to the Commencement Date, we will refund 50 percent of the hire price to your original payment method; and
       3. within 14 days of the Commencement Date, you will not be entitled to any refund for the hire price.
    2. Nothing in this clause is intended to exclude any of your statutory rights as a consumer under Australian Consumer Law.
    3. Limitation of Liability
    4. Except as otherwise provided at law, we make no additional warranties or representations about the accuracy, completeness or fitness for any purpose of the contents of this Website or our Products.
    5. This Website may contain links to external websites. We do not control the content of those websites or endorse them in any way and accept no liability in relation to the quality or accuracy of any content on other websites or of any breaches of law by those other websites.
    6. To the extent permitted by law, we accept no responsibility and exclude all liability to you on any basis for any loss or damage, however caused, which you may suffer in relation to your use of this Website.
    7. You agree to indemnify and hold us harmless from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of this Website or your breach of these terms and conditions.
    8. General
    9. We want you to be happy with your order, so if you have a dispute about these terms and conditions or any of our Products, please contact us first so that we can endeavour to resolve the dispute.
    10. We may, in our absolute discretion, change these terms and conditions from time to time without notice to you.
    11. Parts of this Website may not be updated regularly and may therefore be out of date.
    12. You must not in any way reproduce, publish, communicate or adapt any part of this Website, including any these terms and conditions, without our prior written consent
    13. If any part of any of these terms and conditions is void, then the part that is void may be severed.
    14. These terms and conditions, your use of this Website and the sale and hire of our Products and any dispute arising out of these are governed by the laws of the State of Victoria, Australia.