Our Terms & Conditions
Who We Are and Definitions
The websites and applications:
- all associated applications;
- and social media (the “Service”)
is operated and owned by Jiyuan Cai (registered in New South Wales, Australia) ABN:50 833 710 127 (t/as and referred as “Christina Cai”, “Christina Cai Art”, “Jiyuan Cai”, “Jiyuan Cai Art”, “We“, “Our“, “Us“, “Supplier” or the “Artist“).
Please read these Terms and Conditions (“Terms“, “Terms and Conditions“, “Agreement”) carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and all disclaimers that appear elsewhere on the Service. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The headings of these terms are for convenience only and shall have no effect on the interpretation thereof. The words defined below shall have the following meanings assigned to them, and similar expressions shall bear corresponding meanings:
“Customer”, “Buyer”, “Applicant”, “Attendees”, “Participant”, “You”, “Your”, “Retailer”, “Dropshipper”, “Wholesaler”, means a) a business entity(s) nominated buy us as wholesale and retail buyers, b) person(s) and users accessing the service.
“Goods”, “Product”, “Services“, “Products”, “Bookings“, “Item“, “Items” means all goods sold, delivered, created, designed or produced by us offered for sale through our Service, through our customer service team, in-person such as but not limited to in-store, markets, and trade events.
“Purchase“, “Purchases“, “Order“, “Orders“, “Transaction“, “Transactions” means the act to purchase any Product or service made available through the Service.
“Partners”, “Suppliers” means any third-party business entity(s) that we work with in order to provide Goods or the Service, our subsidiaries, affiliates, directors, employees, partners, agents, retailers, suppliers, and its licensors
Should any of these terms and conditions become invalid, unenforceable or illegal, the remainder shall be unaffected.
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You irrevocably and unconditionally submit and consent to the non-exclusive jurisdiction of the courts of New South Wales and of the Federal Court of Australia.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
A failure or delay by us to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by us does not preclude its future exercise or the exercise of any power or right.
Your purchase is deemed to have taken place in Sydney, New South Wales, Australia.
All monetary amounts referred to on this site are quoted in Australian dollars exclusive of GST A New Tax System (Goods and Services Tax) Act 1999 (Cth) unless specifically stated otherwise.
All prices are subject to change without notice. Any coupon codes or promotional discounts advertised for consumers on our marketing, website and partners are subjected to change. The balance of the purchase or invoice price must be paid in full before delivery. Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only, not for re-sale, not for modification, not for commercial use, not for replication or reproduction in part or in whole, and not for use by educational institutions or government organisations.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that we are not responsible for any loss or damage arising from the submission of false or inaccurate information.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that we cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected or any misrepresentation is suspected.
We can restrict the quantity of Goods which can be purchased in one Purchase or during a particular period of time or per person or per address or per account. Any quantity restrictions will be stated on the product page or otherwise advised to you.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites, retailer partners or services. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
You acknowledge and agree that all images and pictures of Products displayed are for illustrative purposes only, any additional products or accessories featured with the Products is for illustrative purposes only, and where measurements or dimensions or size guides are provided in the description of a Product may differ in real life and it’s your responsibility to ensure that the actual size is suitable for your purpose prior and intended use including for delivery before submitting your Order.
Delivery and Shipping
We utilise Australia Post and Sendle as our preferred shipping carriers, we may however change shipping providers depending on the goods, value, availability and speed where we deem necessary. The risk of goods passes to you on dispatch, and issues pertaining to freight and shipping after goods have left us between you and the freight service provider. It is the customers responsibility to provide correct information for shipping and responsible for any customs, quarantine and import taxes and or duties.
When you purchase a good online from us, you are the “importer of record” and you must comply with all laws and regulations of the country to which such good is shipped. You acknowledge that delays associated with customs clearance procedures may cause our original delivery time frames estimates to be exceeded
You agree that we are not liable for any additional fees or surcharges passed onto you for delivery and shipping, such as but not limited to customs duties, import taxes, handling fees, re-delivery or missed delivery fees. All postage is calculated at the point of checkout and added to your cart.
Goods for return will not be accepted without prior arrangements and authorised by us. All freight, handing and payment charges will be covered by you unless otherwise waived by us. Our Returns and Refunds policy forms part of these Terms and Conditions. Custom orders, bespoke orders, sale items are non refundable. Returns for refund are at our discretion. Without prejudice your consumer rights and guarantees are still covered under NSW consumer law and Australian Consumer Law, for more information visit http://fairtrading.nsw.gov.au/.
Copyright and Proprietary Rights
© Christina Cai 2021, All rights reserved.
All content, ideas, and concepts included on or comprising Service including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, “Content“) as well as all Goods and the Service is protected by trademark, copyright, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future.
We own the content on this Service as well as all Goods under the Copyright Act 1968 (Cth). All content is copyrighted as collective works under Australian and international copyright laws. Except as permitted by the copyright law applicable to you, you may not reproduce, modify or communicate any of the content in part or in whole on this website or Service, including files downloadable or accessible from this website or Service, and including physical Goods without the permission of the copyright owner.
The Australian Copyright Act allows certain uses of content from the internet without the copyright owner’s permission. This includes uses by educational institutions and by Commonwealth and State governments, provided fair compensation is paid. For more information, see www.copyright.com.au and www.copyright.org.au.
Intellectual Property Rights
The Service and its original content, physical products, features and functionality are and will remain the exclusive property of Christina Cai. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Christina Cai.
The customer agrees not to modify, not to replicate, not to enhance or build upon any of our branding or products provided through an Order or Service, purchase or any form of transaction through us or our partners. Unless stated otherwise you understand that the products, ideas, and concepts are designed by us and unique to us.
The customer agrees and understands the products defined under The Designs Act 2003 (Cth).
For the purposes of the The Designs Act 2003 (Cth) and Copyright Act 1968 (Cth) any commissioned orders, custom orders, bespoke orders and requests will remain the copyright of Christina Cai unless agreed otherwise, its intended use will be for personal use only unless agreed otherwise.
Marketing and Promotions
Links to Third-Party Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
These Terms do not affect the rights, entitlements and remedies conferred by the The Competition and Consumer Act 2010.
The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not:
- responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
- liable for any claim, damage or demand resulting from such non-compliance.
- in either case, we will not be liability for any consequential loss or damage or other direct or indirect loss or damage.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless us and our Partners, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall we, nor our Partners, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We and our Partners do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Christina Cai ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Christina Cai or any person for whom Christina Cai is responsible, and even if Christina Cai has been advised of the possibility of such loss or damage being incurred.
Retail & Wholesale Terms
The additional terms below are applicable for retailers, wholesalers and dropshippers that are purchasing through us. You agree that they constitute part of these Terms and form part of the Terms and Conditions. Applications can be made via our Wholesale Application Form
Commercial purchasing applies to retail customers but not limited to, commercial retail entity(s), retailers, wholesalers, distributors, dropshippers, resellers, designers, sourcing agents, corporate entities and affiliates (collectively, “commercial customers“).
Commercial customers need to apply via application prior to purchase.
Applications for commercial customers to Order with us will be granted based on and reliance upon the information provided in your application.
Applications can be rejected by us without any reason or feedback, you understand that by applying, submitting, providing information or signing any agreements with us does not constitute approval of your application until such time we contact you in writing. A new application is required where there is a change to your business ownership, structure, trading name or brand name.
Minimum Orders and Pricing
Our minimum orders are $10.00 (AUD) exclusive of GST, for international orders this would be $10.00 (AUD) excluding GST. All prices on order sheets, retail pricing sheets, online order forms (collectively, “pricing sheets“) are inclusive of GST and in Australian Dollars (AUD) unless stated otherwise. We reserve the right to change the minimum order quantities at any time.
All prices on pricing sheets are quoted before freight, handling, customs duties, import taxes and transaction fees. Any coupon codes advertised for consumers on our marketing, website and partners may not be used for orders by commercial customers.
All prices shown on the Service, pricing sheets or orders are quotations until such time we issue an invoice for the order. You agree to sell our goods at a price you set, but this may never be lower than the RRP stated unless agreed upon in advanced between you and us.
Delivery and Shipping
For commercial customer orders under 2kg within Metropolitan areas of Australia’s capital cities, a $10.00 (inclusive of GST) flat rate will be applied. Delivery areas outside Metropolitan areas or over 2kg and international orders will be quoted and charged at cost.
We only accept certain payment methods for commercial customers, we may at our discretion limit certain payment methods such and not limited to Afterpay and Zip as a payment method for commercial customers.
We accept the following payment methods and have fees for payment processing (“payment surcharges”) passing onto the customer outlined in Competition and Consumer Amendment (Payment Surcharges) Act 2016:
- Bank Transfer
- Direct deposit to our nominated Australian bank account.
- Account information will be provided on the final checkout page or on your invoice.
- No fees
- Credit Cards
- American Express, Visa, Mastercard.
- Processing fee will be 2.9% of the invoiced total inclusive of GST where applicable
- Payment surcharges are passed on from our payment gateway Stripe, you can review payment surcharges on their page https://stripe.com/us/pricing
Any refunds if issued by us will not include administration fees, processing fees, bank charges, taxes, handling fees and shipping fees. Any chargebacks issued from our payment processing gateway Stripe will be passed onto the customer, invoiced at $15.00 (excluding GST) for handling.
You are only authorised to sell through the retail store(s) (online or physical), social media channel(s) and platform(s) that you have listed on your initial application as part of these Terms. We do not allow our Goods to be sold on online auction sites, through markets and other outlets not listed in your initial application without prior approval.
Reselling in part or in whole our products, packaging, materials onto other business entities(s) without prior approval will constitute a breach of these terms.
We reserve the right to accept or decline, in whole or in part, an order from you. We reserve the right to refuse Orders from consumer customers (“retail purchases”) or grant retail purchases. You are not eligible to purchase any promotional or sale items that are not marked for retail.
You agree to display all our products as provided and with any display items such as but not limited to display stands provided. You agree to not use our branding, packaging, materials, display with other products and or services not provided by us.
Breach and Debt
You agree to pay for all costs, damages, disbursements and other expenses incurred by us in recovering or attempting to recover any monies outstanding by you, including, but not limited to, fees incurred by our debt recovery agency, solicitor, sheriff, NSW Court Hearing etc. Default Interest will be charged, at our discretion, on ALL overdue accounts at the rate of 11% per annum.
You agree to pay for all costs, damages, disbursements and other expenses incurred by us due arising from any copyright or commercial dispute claims against you.
We reserve the right to exclude certain products from Wholesale pricing and availability which is only available to general retail customers. Please enquire and confirm to see if they are available prior to purchase, these items are but not limited to:
- Custom Orders