Terms and conditions
Thank you for visiting our website. This website is owned and operated by Ashley Morales (ABN 86 785 083 067) trading as Ashley Morales Creative. By accessing and/or using this website and related services, you agree to these Terms and Conditions (Terms). You should review these Terms carefully and immediately stop using our website if you do not agree to these Terms.
These Terms And Conditions May Change
Ashley Morales Creative reserves the right to update or modify these Terms at any time without prior notice by posting updated terms and conditions on the website. The Terms that will apply to your order are the Terms that are available on the website when I accept your order. For this reason, I encourage you to review these Terms each time you purchase products from me or use the website.
- Promotions and competitions
- Purchases via the Ashley Morales Creative online store
- Handmade disclaimer
All Ashley Morales Creative pieces are individually handmade in my home studio with love and care. Based on the creative nature of my craft, each piece will have its own natural and unique imperfections. This means that there are no two items in my online store that are exactly the same. Even if the building process is the same, the unique patterning and shaping of clay and glaze as well as the nature of the hand crafting process will result in each piece being beautifully different.
Please review product images carefully as a refund will not be given for change of mind. Imperfections are not considered faults, but beautiful character.
- How to buy an Ashley Morales Creative piece
Pieces can be viewed and purchased via www.ashleymoralescreative.com.au.
Pieces are listed with detailed information including photographs. If you require additional information please submit your enquiry via the Ashley Morales Creative Contact page prior to purchasing.
Please note that all prices on the website are displayed in Australian Dollars (AUD), and will be charged in Australian Dollars.
- Order confirmation
When you place an order, Ashley Morales Creative will send you a confirmation email with the details of your order. Ashley Morales Creative reserves the right to accept or decline, in whole or in part, any order placed by you.
- Payment methods and security
The available payment methods are credit card, PayPal and AfterPay. Please refer to merchant websites for their terms and conditions.
- Shipping
Shipping time frames within Australia are between 2 - 7 business days, depending on the state or territory of the nominated delivery address. Please note that this time frame is only an estimate and is subject to local availability.
Orders will be shipped within 1-2 business days and shipped via Sendle. Normal shipping time frames apply.
Once your order is shipped you will receive an email confirmation from Ashley Morales Creative with your shipping details and tracking information.
- Delivery and risk
Ashley Morales Creative will endeavour to deliver products for accepted orders to the shipping address specified in your order on or before any estimated shipping time frames. However, Ashley Morales Creative does not warrant or guarantee that it will be able to deliver all products within the estimated time frame.
All risk in the products will pass to you once the products are delivered to the delivery address specified in your order.
- Cancellation of orders
You may cancel an order prior to the dispatch of that order by contacting Ashley Morales Creative via ash@ashleymorales.com.au. On cancelling the order, I will refund your payment to your original payment method.
- Refund Policy
No refunds will be given if you have simply changed your mind. However you can choose a refund or exchange (for a piece of equivalent value) if an item has a major problem. This includes when the piece:
- has a problem that would have stopped you from buying it if you had known about it;
- is unsafe;
- is significantly different from the description,
(i.e. the piece is broken or cracked). Imperfections are not faults and are part of the uniqueness of each piece.
Please ensure that you thoroughly inspect product images. If you have a question about a specific piece, please contact me prior to purchasing.
- Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, I do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
- Intellectual property rights
Unless otherwise indicated, I own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However I do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licencors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
- No commercial use
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
- Unacceptable activity
You must not do any act that I would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
- using this website to defame or libel us or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If I allow you to post any information to our website, I have the right to take down this information at our sole discretion and without notice.
- Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, I make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
I reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and I will not be responsible for any loss, cost, damage or liability that may arise as a result.
- Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event will I be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.
Force Majeure
Ashley Morales Creative may suspend delivery or reduce the quantity of items to be delivered if Ashley Morales Creative is unable to deliver any or all of the items by reason of circumstances beyond its reasonable conduct, including without limitation, equipment malfunction and failure, shortage of power, shortage of raw materials, fire, strike, lockout or other labour dispute, terrorist act, war, or riot, theft, flood, earthquake and other natural disasters, epidemics, pandemics, action or inaction of governmental, civil or military authority, including any order or direction of any government, government authority or instrumentality. If the effects of any such force majeure event continue for more than one calendar month, Ashley Morales Creative may in its absolute discretion, cancel your order by notice in writing to you. You will have no claim against Ashley Morales Creative for any damages, loss, costs or expenses arising from any delay or termination authorised by this clause.