T's and C's

(ABN: 65163637640)

Ravenoak Pty Ltd (ACN: 069 981 899) trading as Mowgli Studio

TERMS AND CONDITIONS

We value happy customers above all else, and hope that satisfaction in our products and services is always achieved. To make our services clear, here are our terms and conditions to ensure you know exactly what you will get with us.

Each pot is an artisan item, hand painted and there may be slight differences as to
size, colour and pattern from samples seen on line or in our shop and what you
receive. Pots should be handled with care and only cleaned with a mild detergent.
Any other cleaning product may damage the painting. Pots will age including
cracking and colours may fade, and you accept that this is part of owning such a
unique item. The pots are porous and soil and plants should remain in another pot
inside and the pots are best placed indoors.

As your satisfaction is our highest priority, please do not hesitate to contact us if you are at all dissatisfied with your purchase and we will do our best to help make it right.

These terms and conditions apply to any purchase from us, whether in our
shop or on line.

1 Stock and Availability

When quantities have been exhausted, an ‘out of stock’ message will appear beside the product in question.

2 Pricing and Payment

2.1 All shipping costs (if applicable) will be calculated and added at
checkout. Mowgli Studio reserves the right to amend pricing and costs
at any time due to unforeseen circumstances.

2.2 All prices are listed in Australian Dollars and payments will be
accepted via direct deposit, MasterCard or Visa. A service charge will
apply to any MasterCard or Visa transaction as charged by our service
provider, currently $2.50 per transaction.

3 Placing Orders

3.1 Because we hand paint each pot, there may be variations in shipping
times. Please be patient after placing an order as it might take a few
days to paint specific pots with the patterns you require and for them
to be able to be transported; they are made to order.

3.2 All orders placed on Saturday or Sunday will be processed the
following week.


3.3 After placing an order you should receive a confirmation email and
receipt. If you do not, please contact us on ask.mowglistudio@gmail.com
and we will re-send it.

3.4 Mowgli Studio reserves the right to refuse to supply anyone at any
point in time. Where payment has been made in these circumstances
a refund will be provided.

4 Returns, Refunds and Cancellation Policy

If you purchase a pot in our studio, you may return it for a store credit or swap it for an equally priced item. This is only applicable for up to 14 days after completing payment for your order.

When placing an order online, please do so carefully as we cannot offer a return or refund if you change your mind on a design.

If you receive a pot that is cracked, damaged, or broken, you must email
photographs of it to ask.mowglistudio@gmail.com and the packaging to Mowgli Studio within 48 hours of opening the package to be eligible for a return or a refund. All shipping costs incurred are non refundable.

We refuse the right to refund or exchange an online order if the product being returned has been damaged outside of normal use- this includes damage occurred from dropping, knocking, or tampering with the product.

This does not affect your statuary rights.

In accordance with ACCC Regulations, any orders placed via our website are able to be cancelled within 48 hours of order placement with no penalty. Please contact us immediately at ask.mowglistudio@gmail.com for all cancellations.

5 Privacy and Information

5.1 Your privacy is safe with us at Mowgli Studio. Any personal
information entered while purchasing through www.Mowglistudio.com
will not be shared with anyone outside of Mowgli Studio.

5.2 Although we require some personal information to ensure orders are
delivered correctly, this will not be shared or sold under any
circumstances. This information includes but is not limited to: your
name, email address, shipping address, billing address, phone
number, and payment details. After an order is placed, Mowgli Studio
will not store or save any payment information.

5.3 There are some instances when personal information must be shared
with third parties to complete delivery of an order. These include
courier companies and delivery services that may be hired to deliver
our products. Please be aware Mowgli Studio only works with
professional and reputable companies who maintain the highest
calibre of customer privacy. By purchasing through Mowgli Studio you
acknowledge that your contact and delivery details may be passed on
to these companies so quick and prompt delivery is achieved.

5.4 If you agree to provide an email address or phone number to Mowgli
Studio you agree that you may be contacted through either of these to
confirm order and delivery details. Also, if you agree to subscribe to
our email list, you will be contacted via email with offers, promotions,
and sales as they arise.

6 Contacting Us including for Privacy matters

If you have any questions, queries, comments, or feedback concerning privacy,
terms and conditions, or our products in general, please don’t hesitate to get in
touch. We’re always up to hear from you!
Email: Ask.Mowglistudio@gmail.com

7 Plant Based Weddings and Botanical Styling

7.1 These services are unique to individual customers.


7.2 Design, pricing, payment and delivery/installation details will be
discussed on a case-to-case basis. Additional terms and conditions
will apply to such services.

General

8 Quotations are valid for 20 calendar days from the date of issue or if an expiry
date is specified on a quotation then the date on the quotation, after which
time prices and supply details may vary at Mowgli Studio's discretion.

9 If You cancel or alter any order at any time after Mowgli Studio has received
the order, then Mowgli Studio may charge You the cost of any products and
materials already acquired for the order together with cost of the labour
expended to the date of such cancellation or alteration.

10 Any representation, warranty, condition or undertaking that would be implied
into these Terms and Conditions by legislation, common law, equity, trade,
custom or usage is excluded to the maximum extent permitted by law.
Nothing in these Terms and Conditions excludes, restricts or modifies any
condition, warranty, right or remedy conferred on a party by the Competition
and Consumer Act 2010 or any other applicable Australian law that cannot be
excluded, restricted or modified by agreement.
Pricing

11 If there is any error or omission in a quotation, Mowgli Studio reserves the
right to amend the quotation price at any time, including after the quotation
has been accepted by you.

12 All prices are exclusive of applicable sales taxes and other taxes, levies,
duties and GST. GST will be added in relation to delivery and supply of all
goods and services.

Orders

13 Except where you have a statutory right of termination, orders accepted by
Mowgli Studio may not be cancelled either wholly or in part without the
consent in writing of Mowgli Studio.

14 Cancellation of an order can be made only with Mowgli Studio written consent
and upon terms that will compensate Mowgli Studio against loss.

15 Changes to orders requested by You shall not be effective unless accepted in
writing by Mowgli Studio. You shall be liable for any costs, expenses, and
liabilities incurred by Mowgli Studio in connection with any such change to an
order.

Terms of Payment

16 All payments due to Mowgli Studio are to be made, in accordance with an
order or invoice issued and within thirty (30) calendar days. Payment will be
made when the funds are cleared in Mowgli Studio’s nominated bank
account. We will not process any order without payment in full.

17 If You fail to make payment in accordance with the terms of clause 17 , Mowgli
Studio will be entitled to:
a) charge default interest at the rate of 7% per annum on all overdue amounts
(including late payment charges and amounts other than the price) calculated
daily on and from the due date for payment and the parties agree that any
amount so calculated is not a penalty but rather an accurate pre-estimate of
the damage to be incurred by Mowgli Studio. Payments received from You
will be credited first against any default interest, then in payment of services
and then against payment of any goods, and all such charges will be payable
on demand.

b) claim from You, all costs relating to any action taken by Mowgli Studio to
recover money due from You including any legal costs and disbursements on
a solicitor-client basis.

c) cease all work remaining to be performed by Mowgli Studio under the
quotation and terminate any agreement in relation to delivery of products that
have not been delivered prior to Your default.

d) require the payment of cash upon delivery of any further products.

18 Failure to pay all outstanding amounts will cause Mowgli Studio to take further
recovery which may include but not be limited to issuing a letter of final
demand, employment of a debt recovery service, registration of the default of
payment with a credit reference agency, and/or court action. Any additional
costs of recovery of outstanding payments will be recoverable in full from you.
Delivery and Inspection

19 You are responsible for the delivery address and details. Mowgli Studio is not
responsible if incorrect delivery details are supplied. If you need to change
your delivery address, we will do our best to change them prior to delivery.
Additional fees may be incurred.

20 Delivery times will vary due to the size and design of individual pots. While we
strive to keep delivery of all orders under 21 days, this may vary due to stock
turn around, painting and circumstances outside of our control. We will let
you know an estimated delivery date if it is to be substantially outside of the
21 day period.

21 Please ensure someone is present to receive the pot(s) to ensure they are
safe and sound as soon as they arrive.

22 Any date or time quoted by Mowgli Studio for delivery is an estimate only and
Mowgli Studio will endeavour to meet that estimate, but failure to do so will
not confer on You any right of cancellation on Your part or render Mowgli
Studio liable for any loss or damages directly or indirectly sustained by You
as a result thereof.

23 Mowgli Studio’s obligation to deliver will be discharged on arrival of the
products at Your nominated delivery destination, nominated transport
company, nominated agent or the address appearing on the quotation.

24 You must examine the products immediately after delivery and Mowgli Studio
will not be liable for any mis-delivery, shortage, defect or damage unless
Mowgli Studio receives details in writing from You within 14 calendar days of
the date of delivery of the products.

25 If Mowgli Studio is prevented (directly or indirectly) from delivering the goods
or any of them by reason of any unforeseen causes outside of its control
Mowgli Studio will be under no liability whatsoever to You and will be entitled
at its option either to terminate the Order or to extend the time of its
performance.


Property and Risk

26 Subject to clause 31 notwithstanding delivery of products, title in any products
supplied and/or installed will remain with Mowgli Studio until You have paid
and discharged any and all indebtedness to Mowgli Studio on any account
whatsoever including all applicable sales taxes and other taxes, levies and
duties. Any payment made by You or on Your that is later avoided by the
application of any Statutory Provision will be deemed not to discharge Your
indebtedness and in such event the parties are to be restored to rights each
respectively would have had if the payment had not been made.

27 The risk in any products supplied and/or installed will pass to You upon
delivery to You.

28 You acknowledge that if it is in possession of any products supplied and that
it holds such solely as a fiduciary bailee for Mowgli Studio until payment has
been made in full to Mowgli Studio.

29 To the extent permitted at law, Mowgli Studio will not be liable to You or any
third party for liquidated damages in any form, any delay costs, consequential
loss including (without limitation) any loss of profits, loss of revenue, loss of
production, loss of business opportunity, loss of goodwill, loss of business
reputation, economic loss or any indirect, remote and/or unforeseeable loss.
The aggregate liability of Mowgli Studio in damages (however arising) in
respect of any act or omission of Mowgli Studio in connection with its
obligations under these Terms and Conditions will not exceed the amount of
one hundred dollars (AUD$100), even if Mowgli Studio has been advised by
You as to the possibility of such loss being incurred.

30 As security for payment, You (and where applicable each Guarantor) agree to
grant Mowgli Studio a Security Interest (as defined in the Personal Property
Securities Act 2009 (Cth) (“PPSA”) in the outstanding payments and all after
acquired property and an irrevocable right to register this interest against it or
its property (as the case may be) on the Personal Property Securities
Register established under Chapter 5 of the PPSA (“Register”) including
(without limitation) where applicable, as a purchase money security interest.
You grant Mowgli Studio an irrevocable right to search the Register from time
to time in relation to it or its property. You agree for the purposes of the PPSA
and to the extent permitted by law, Sections 95, 121(4) 128, 129, 130,
132(3)(d), 132(4), 135 and 143 of the PPSA have no application to these
arrangements and Mowgli Studio is not required to give notice under section
135 of the PPSA. If Mowgli Studio receives any notice in relation to You under
section 64 of the PPSA, all outstanding payments will become immediately
due and payable. You agree to execute and sign any documents or forms, as
required from time to time to formalise, affirm or perfect the Security Interest.

Consumer Law

31 Our 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 an 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. The term “major failure” has a defined meaning under the
Australian Consumer Law.


32 Our services come with guarantees that cannot be excluded under the
Australian Consumer Law. For major failures with the service, you are
entitled:
 to cancel your service contract with us; and
 to a refund for the unused portion, or to compensation for its reduced value
You are also entitled to be compensated for any other reasonably foreseeable loss or
damage.
If the failure does not amount to a major failure, you are entitled to have problems
with the service rectified in a reasonable time and, if this is not done, to cancel your
contract and obtain a refund for the unused portion of the contract.

33 No additional express warranty for defects or otherwise are provided for our
products. Consumers may rely upon their statutory rights and remedies under
the Australian Consumer Law.

34 Any cost incurred by You in contacting us or delivering the product to us will
be borne by You.

Force Majeure

35 Mowgli Studio will not be liable for any failure or delay in supply, or delivery
where such failure or delay is wholly or partly due to any cause or
circumstances whatsoever outside the reasonable control of Mowgli Studio
including, but not limited to war, strikes, lockouts, industrial disputes or unrest,
government restrictions or intervention, transport delays, fire, act of God,
breakdown of plant, shortage of supplies or labour, storms or tempest,
vandalism or riot, civil commotions or accidents of any kind (each an “Event of
Force Majeure”). Mowgli Studio’s obligations will be suspended until the
Event of Force Majeure ceases to cause the failure or delay (as the case may
be). You will not be relieved of any obligation to make payment to Mowgli
Studio regardless of any party being affected by an Event of Force Majeure.
Licence

36 You irrevocably grant to Mowgli Studio it’s agents and servants an
unrestricted licence, without notice, to enter premises occupied by You to
identify and remove any of the products the property of Mowgli Studio or
which Mowgli Studio has a Security Interest in, in accordance with these
Terms and Conditions without in any way being liable to You or any person
claiming through You. Mowgli Studio will have the right to sell or dispose of
any such products removed or otherwise in its sole discretion and will not be
liable for any loss arising.

Termination

37 If You fail to comply with any of these Terms and Conditions or being a
corporation passes a resolution for winding up or liquidation (other than for
the purpose of reorganisation or reconstruction) or enters into any
composition or arrangement with creditors or if a receiver, manager, receiver
manager or administrator is appointed for any property or assets of You or
becomes liable to be wound up by reason of insolvency or if any petition is
presented for its winding up, or if a Liquidator or Provisional Liquidator is
appointed, Mowgli Studio may, in addition to exercising all or any of its rights
against You, suspend any further deliveries and immediately enter premises
occupied by You to recover possession of any products not paid for in
accordance with these Terms and Conditions without in any way being liable
to You or any person claiming through You.

Governing Law and Jurisdiction

38 The Laws of New South Wales apply. You consent to any proceedings being
instituted and heard by any appropriate Court sitting in the State of New
South Wales applying the Laws of New South Wales.

If you have any questions, queries, comments, or feedback concerning privacy, terms and conditions, or our products in general, please don’t hesitate to get in touch. We’re always up to hear from you!