1.      Introduction

(a)    The Muse By Cassandra Walker website and incorporated online store, located at https://www.cassandrawalkerdesign.com/muse (Website), ­is owned, controlled and operated by Cassandra Walker Design Pty Ltd (86 650 187 152) (Muse By Cassandra Walker, we, our, and/or us).

(b)   As a condition of using our Website, you agree to the following terms and conditions (Terms) and to be legally bound by these Terms.

(c)    If you do not agree with the Terms, you should stop using the Website.

(d)   Muse By Cassandra Walker has the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use the Website you agree to be governed by the Terms as varied from time to time.

2.      What We Do

(a)    We operate an interior design business called Muse By Cassandra Walker, which provides off-the-shelf design packs featuring fixtures and finishes schedules in various styles (our Business). 

(b)   Our Business sells the following products via the Website (the Products):

(i)        Evoke Pack;

(ii)       Calm Pack;

(iii)      Clarity Pack;

(iv)      Energy Pack; and

(v)       Habitat Pack.

(c)    We are able to supply the Products to you digitally via the Website or via a private link sent to your email address.

(d)   You may find out more about the Products we offer on the Website (https://www.cassandrawalkerdesign.com/muse)

3.      More About Our Muse By Cassandra Walker Products

(a)    Please note the following regarding the Products:

(i)        The purpose of the Products is to provide off-the-shelf fixtures and finishes schedules in various styles.

(ii)       You have a right to use the Products as follows:

(A)    to choose fixtures and finishes for your home from our list of recommendations;

(B)    to assess various fixture and finish options for your home to suit your budget;

(C)    to provide inspiration in achieving a certain look and feel for your home;

(D)    to access our list of recommended suppliers of fixtures and finishes in your preferred Product’s style; and

(E)    to access discounted supplier pricing from time to time (although we can’t guarantee that discounted pricing will be available for the fixtures and fittings you choose).

(iii)      You are restricted from using the Products as follows:

(A)    sharing our Products with third party interior designers (or similar) unless we consent in writing;

(B)    sharing, displaying or otherwise communicating the Products to third parties other than interior designers (or similar), other than for the purposes of styling your own home;

(C)    using the Products in styling a third party’s home (unless we consent in writing);

(D)    adapting our Products and selling them as your own; and

(E)    commercialising the Products in any other way.

4.      Pricing And Ordering

(a)    We accept orders from customers within Australia and New Zealand. However, international customers will only receive our Products digitally and may not be able to use our recommended suppliers.

(b)   Product prices and shipping fees (if applicable) are specified on the Website. We reserve the right to change Product and shipping pricing (if applicable) at our discretion and without notice.

(c)    Unless otherwise stated, all prices are in Australian Dollars.  GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) is added to the order total where legally required and you are purchasing within Australia.

(d)   By placing an order via the Website (Order), you are offering to purchase the Products on and subject to these Terms.

(e)    While we try our best to fulfil all Orders and subject to us adhering to our obligations under these Terms, you agree that we have the right to accept, reject or cancel an Order for any reason at any time, and all Orders are subject to availability of the relevant Products. If we cancel an Order which has been paid for but not yet delivered, we will provide a full refund of all monies paid to us in relation to the cancelled Order.

(f)    An Order confirmation will be sent to you in acknowledgement of receipt of your Order.

(g)    To purchase Products via our Website, you must use a valid credit or debit card. We use Stripe, a third party payment processor, to process payments and we do not collect or record any credit card details provided by you when making purchases via the Website. You are responsible for any credit card fees or surcharges that apply to your payment.

(h)   We may offer sales and discount codes (each a Promotion) from time to time, and you agree that:

(i)        Promotions apply to full priced items only;

(ii)       only one discount code can be used in connection with an Order;

(iii)      discount codes cannot be used in conjunction with any other offer;

(iv)      discount codes are not transferable;

(v)       discount codes must be used by the date specified (where applicable);

(vi)      Promotions cannot apply retrospectively to previous Orders; and

(vii)     we may change or cancel any Promotion at any time and without notice within its sole discretion.

5.      Delivery of Products

(a)    Your Products will be delivered to you in digital form to the email address you provide when you place your Order. You will be able to access a download link for 24 hours, after which time the link will expire. If you try to access them afterwards, a new email will be sent to you. It is your responsibility to ensure you download your Products before expiration of the link.

(b)   Subject to availability, we may send physical samples associated with your chosen Products to the mailing address you provide when you place your Order. All physical samples must be returned to us using the provided prepaid return envelope within 14 days of the date we post the physical samples to you.

(c)    When placing an Order, you agree that it is your responsibility to provide accurate information to us. Where inaccurate delivery information is provided, you agree that a redelivery fee may apply and is payable by you.

(d)   Any date or period of time given by us in relation to the delivery and shipping of Orders (either in these Terms or otherwise) is intended as an estimate only and may be subject to change. You agree that we are not responsible for any Loss suffered by you where an Order is not delivered or shipped within the estimated time frame.

(e)    We kindly request that you inspect all Products (including physical samples) upon delivery to confirm they are what you ordered.

6.      Title And Risk

(a)    Title in the Products comprising an Order is retained by us.  No Intellectual Property rights in any Products comprising an Order transfer to you under this clause, and we refer you to clause 9 below.

(b)   To the extent permitted by law, all risk of loss or damage to the Products passes to you when the Order is delivered to you at your nominated delivery address.

7.      Intellectual Property

7.1     General Website IP

(a)    Muse By Cassandra Walker is a trade mark of Cassandra Walker Design Pty Ltd. Other Product and company names displayed on the Website may also be trade marks of their respective owners.

(b)   We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content).

(c)    While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website or the Content for any other purpose.

7.2     Product IP

(a)    By purchasing the Products from us, we hereby give you certain rights to use the Intellectual Property in the Products (Product IP) as follows and subject to clause 9.2(b):

(i)        You may only use the Products for the following purpose: to choose fixtures and finishes for your home; and

(ii)       to contact our recommended suppliers.

(b)   Your rights to use the Product IP are restricted as follows:

(i)        You are only permitted to use the Product IP personally, non-commercially and privately;

(ii)       You cannot share the Product IP with third party interior designers, architects or builders (or similar) unless we consent in writing; and

(iii)      You cannot share, display or otherwise communicate the Product IP to third parties other than interior designers, architects or builders (or similar), other than for the purposes of styling your own home.

8.      Australian Consumer Law

(a)    Our goods come with ‘consumer guarantees’ (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Terms. 

(b)   Nothing in these Terms shall override your rights as a consumer under the Australian Consumer Law, your Consumer Guarantees or any other non-excludable rights you may have at law.

9.      Refund Policy For Change Of Mind

Subject to your rights under clause 10 above, we do not offer refunds for returns due to ‘change of mind’.

10.     Returns Policy For Faults And Incorrect Products

(a)    If you believe any of the Products purchased on or through the Website are not what you ordered, please notify us by email at info@cassandrawalkerdesign.com (this is referred to as a Fault Notice) with the following information:

(i)        customer name;

(ii)       date of purchase;

(iii)      order number;

(iv)      Product(s) being returned;

(v)       the outcome you request.

(b)   So that we can best deal with the relevant issues, we kindly request that you email all Fault Notices to us within 7 days of the Products being delivered to you.

(c)    Upon receiving a Fault Notice, we will promptly assess and discuss the Fault Notices with you, and where we agree there is an issue with your Product you are entitled (at your election) to a replacement Product to the same value or a full refund.

(d)   Please refer to the Australian Consumer Law for your rights as a consumer in relation to the purchase of Products via our Website.

11.     Limitation Of Liability

(a)    To the extent permitted by section 64A of the Australian Consumer Law, our liability to you for any Loss or Claim suffered by you under these Terms including in respect of our failure to comply with any Consumer Guarantees, is limited to (at our election):

For goods to any one of the following:

(i)        the replacement of the goods or the supply of equivalent goods; or

(ii)       the payment of the cost of replacing the goods or of acquiring equivalent goods.

For services to any one of the following:

(iii)      supplying the Services again; or

(iv)      paying the cost of having the Services supplied again.

(b)   Subject to clause 10 of these Terms, without overriding any Consumer Guarantees, and only to the extent permitted by law, you agree:

(i)        your use of, and reliance on, this Website (including all Content) and Products is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of Loss resulting from:

(A)    your use of or reliance on this Website (including all Content) and Products, however incurred;

(B)    errors or omissions in the Website (or any part of it);

(C)    any material or information supplied on or removed from the Website including the Content;

(D)    your use of the Website (or any part of it) and the Products, including use in breach of the Terms;

(ii)       we do not make any representations, warranties or guarantees in relation to the supply of goods or services by us via the Website; and

(iii)      we hereby disclaim all liability in connection with any Loss arising out of or in connection with any use of, or reliance on, the Website and the Products.

12.     Product Disclaimers

Subject to clause 12, by purchasing any Products from our Website, you agree and acknowledge that:

(a)    The Products may not be suitable to your particular circumstances – you should make your own inquiries and seek relevant independent advice before using our Products, as well as acting on any information or material made available to you via the Website in relation to the Products or otherwise;

(b)   Our products are off-the-shelf solutions, designed to help you choose fixtures and finishes for your home. We cannot be held responsible if the end result you achieve for your project doesn’t meet your expectations (including achieving a specific look, feel and any other aesthetic quality for your particular home);

(c)    Although we provide options for fixtures and finishes to suit different budgets, deciding on, controlling and otherwise administering your budget will at all times remain your responsibility;

(d)   Our recommended supplier’s pricing is always subject to change, and we can’t guarantee that the prices of fixtures and finishes shown in the Products are always up to date;

(e)    We are not responsible for the supply of fixtures and finishes by our recommended suppliers in any way, including without limitation, where there are delivery delays or quality issues; and

We are not responsible for ensuring the fixtures and finishes you choose from the Products are the right fit for your project, and you must carry out your own due diligence (including without limitation speaking to suppliers about the specifics of your project) prior to ordering fixtures and finishes.

13.     Personal Information

(a)    We are committed to the transparent management of your personal information.

(b)   So that we can fulfil your Orders, we will need to collect certain personal information from you.

(c)    We agree to take all reasonable steps to protect your personal information submitted to us via the Website in accordance with our Privacy Policy.

14.     Third Party Links

The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the Products and services provided on that third party website. You agree that we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.

15.     Indemnity

(a)    You indemnify us (and our representatives) from and against all Claims and Loss, which may be bought against or suffered or incurred by us (or our representatives) arising out of or in connection with a material breach of these Terms by you (or your representatives) or an unlawful or negligent act or omission carried out by you (or your representatives) in relation to these Terms. 

(b)   We have an obligation to mitigate any Claim or Loss which may be made or brought against or suffered or incurred by us.

(c)    Your obligation to indemnify us under this clause will be reduced proportionally to the extent that we caused or contributed to the Loss or Claim. 

16.     Governing Law

(a)    The Terms are governed by and are to be construed in accordance with the laws of the State of Victoria, Australia and you agree that the courts of the State of Victoria, Australia will exclusively adjudicate over any dispute in relation to these Terms. 

(b)   If any term of these Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail.

(c)    This Website may be accessed from outside Australia.  We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

17.     Definitions

(a)    Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.

(b)   Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.

(c)    Force Majeure Event means an act of god, war, natural disaster, pandemic, global financial crisis, financial crisis, injury or illness, death in the family, government shutdown or similar restrictions, hacking, viruses, internet connectivity issues, power outages and any other cause not reasonably within the control of the party affected.

(d)   Intellectual Property means all rights in relation to trade marks, copyright, patentable inventions and designs, whether existing now or in the future, and whether or not registered or registrable, and includes any rights subsisting in or relating to trade secrets, know how, techniques and confidential information.

(e)    Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, and includes Consequential Loss.