THE THREE THOUSANDS STUDIOS PTY LTD – TERMS OF SERVICE

Our Disclosures:
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
• Our liability under these terms is limited as set out in the Limitations section below.
• Our products are made to order through our third-party manufacturing partners and delivery timeframes are estimates only.
• We do not offer change of mind returns, but you retain rights under Australian Consumer Law for faulty products.
Nothing in these terms limit your rights under the Australian Consumer Law.

1. Introduction
This website is operated by The Three Thousands Studios Pty Ltd (ACN 670 311 485) (we, our or us). These terms and conditions (Terms) govern your use of our website and the purchase of products through our website. By using our website or placing an order, you accept these Terms and enter into a binding agreement with us.

2. Products and Orders
(a) Our products are made to order through our third-party manufacturing partners. We do not hold stock of products, and all items are produced specifically for each order.
(b) You may order products as shown on our website. By placing an order, you agree to purchase the product(s) at the total price shown at checkout.
(c) Shipping costs are charged separately and are not included in product pricing.
(d) You must be at least 18 years old to place orders.
(e) You may checkout as a guest or save information for future purchases. A mobile phone number is mandatory for all orders.
(f) We may accept or reject any order and will notify you within a reasonable time if we reject your order. Once we accept an order, a binding agreement is formed for the supply of products under these Terms, subject to the cancellation rights set out in clause 3.
(g) All purchases are subject to product availability. We do our best to keep products in stock and maintain accurate availability information on our website. Any pre-order products (not currently in stock) will be clearly marked on our website. Any dispatch dates shown are estimates only, and we are not liable for delays or date inaccuracies.
(h) We strive to ensure that product descriptions, specifications, prices, and images on our website are accurate. However, we do not warrant that product descriptions or other content is error-free, complete, or current. In the event of an error, we reserve the right to correct it and will notify you if this affects your order.
(i) Colours and images displayed on our website may vary from the actual product due to monitor settings, lighting, and photography.
(j) We may cancel any accepted order before delivery for reasons including significant dispatch delays, inability to supply products due to circumstances beyond our control, or errors on our website (such as incorrect descriptions, prices or images). We will contact you using the details you provided when ordering.

3. Order Cancellation
(a) Orders may be cancelled before production commences, subject to our ability to cancel within the processing period with our manufacturing partner. Cancellation is not guaranteed and depends on timing and production status.
(b) If you wish to cancel an order, contact us immediately at [insert email]. We will attempt to cancel your order if it has not entered production but cannot guarantee cancellation due to variables in our production scheduling.
(c) Orders that have entered the production phase may be cancelled, however you will only be refunded shipping costs and fees. The product cost is non-refundable once production has commenced.

4. Payments
(a) You must pay in full when you place your order. The amount payable includes all product prices, delivery charges, and GST, as displayed at checkout. You remain liable for any import duties or other charges imposed by customs or tax authorities. We are not responsible for any delays or additional costs resulting from customs clearance processes.
(b) We accept the payment methods displayed on our website at the time of purchase. Where we offer payment through third-party providers (including Shopify Payments), your use of those payment methods may be governed by the third-party provider's separate terms and conditions, which you must review and accept directly with them. These third-party payment services may have access to your payment and order data, and separate privacy policies apply to payment processors.

5. Delivery, title and risk
(a) We deliver internationally to regions specified on our website. If you are outside our delivery area, please contact us to discuss alternative options.
(b) Delivery timeframes shown on our website are estimates only and depend on our manufacturing partner’s capacity and international shipping logistics beyond our control.
(c) Actual delivery times may vary significantly due to production schedules, shipping delays, customs processing, and other factors outside our control.
(d) Our products are manufactured and shipped by our third-party partners, including our US-based vendor. Some deliveries require a signature, while others may be left in a safe place or at your nearest post office for collection, subject to your preferences and our delivery partner's policies.
(e) Our manufacturing partner will provide order status updates directly to you using the contact information provided during checkout.
(f) We retain title to the products until we receive payment of the full purchase price. Until title passes to you, you must not create, permit or allow any encumbrance, security interest, charge, lien or other third-party interest over the products.
(g) Risk passes to you upon delivery to your specified address.

6. Australian Consumer Law
(a) We do not accept returns for change of mind. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law.
(b) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any 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. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(c) Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
(d) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the price of the relevant product. Please contact us for further information.
(e) Faulty Items Process:
i. you must report damaged or faulty items within 48 hours of delivery at [insert email] to enable us to report issues to our manufacturing partner within 7 days;
ii. you must provide photographic evidence of the damage and your order details when reporting damaged items;
iii. lost packages will be reshipped if not marked as delivered by carrier;
iv. if package is marked as delivered but not received by you, we cannot guarantee replacement or refund as this may not be covered by our manufacturing partner's policies; and
v. our manufacturing partner may provide separate warranty terms which will be communicated to you upon request.

7. Limitations
(a) Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:
i. neither party will be liable for indirect, consequential, or special losses or loss of profits, revenue, or business opportunities;
ii. each party's liability will be reduced proportionately where the loss was caused or contributed to by the other party's acts, omissions, or failure to mitigate their losses; and
iii. each party's total liability arising from or relating to these Terms or the products will not exceed the amount paid for the specific products that are the subject of the relevant claim.

8. Use of our website
(a) When using our website, you must not:
i. breach any person's privacy, legal rights, or upload personal information without consent;
ii. defame, harass, threaten, or offend any person;
iii. use our website for any unlawful purpose;
iv. interfere with other users or our website's operation;
v. introduce viruses, malware, or attempt to modify or tamper with our website;
vi. send spam or unsolicited messages;
vii. use automated tools such as bots, scrapers, or data mining software;
viii. assist others in doing any of the above;
ix. provide false, inaccurate, or misleading information;
x. use another person's details without authorisation; or
xi. fail to maintain the security of any access credentials we provide to you.

9. Data storage and privacy
(a) We collect, use, and disclose your personal information in accordance with our privacy policy available on our website.
(b) We store personal information using cloud-based systems. Your information may be accessed from or transferred to locations outside Australia when using service providers like Shopify, our manufacturing partner Tapstitch, and payment processors. Before disclosing personal information overseas, we take reasonable steps to ensure recipients treat your information in accordance with applicable law.

10. Intellectual property
(a) All intellectual property rights in our website, products, content, branding, and materials (including copyright, trademarks, and designs) remain our property at all times.
(b) Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to use our intellectual property solely for your personal use of the products or our website as intended.
(c) You must not, without our prior written consent:
i. copy, reproduce, distribute, sell, publish, or broadcast our intellectual property;
ii. use our intellectual property for commercial purposes or revenue generation;
iii. modify, adapt, or create derivative works from our intellectual property;
iv. frame or embed our content in another website; or
v. remove or alter any copyright notices or proprietary markings.
(d) You may share our content on social media or personal blogs provided you:
i. do not claim ownership of our intellectual property;
ii. do not imply our endorsement unless explicitly agreed in writing; and
iii. do not damage our reputation or use our content in any illegal, misleading, or deceptive manner.
(e) If you submit content to our website (such as reviews, comments, or feedback), you:
i. grant us a worldwide, royalty-free, non-exclusive licence to use, modify, and display that content for our business purposes;
ii. warrant that you own the content or have permission to submit it;
iii. acknowledge that we may remove any content at our discretion; and
iv. remain responsible for ensuring your content does not infringe third-party rights or violate any laws.

11. General
(a) Disputes: Before commencing court proceedings, the parties must first meet to attempt to resolve any dispute in good faith. If this fails, the parties will engage a mediator, with mediation costs shared equally. This does not prevent either party from seeking urgent court orders when necessary.
(b) Notices: All notices must be in writing and sent to the contact details provided during your order or to our details below. Notices sent by post are deemed received after 48 hours, and emails are deemed received when sent.
(c) Force Majeure: Neither party will be liable for delays or failures caused by events beyond their reasonable control (such as manufacturing delays, supply chain disruptions, cyber attacks, natural disasters, government actions, or pandemics), provided the affected party promptly notifies the other party and uses reasonable efforts to minimise the impact.
(d) Assignment: You cannot transfer your rights or obligations under these Terms without our written consent.
(e) Amendment: We may update these Terms at any time by publishing revised terms on our website. The Terms that apply to your order are those in effect when you place your order. We recommend reviewing the current Terms before each purchase.
(f) Governing law: These Terms are governed by the laws of Victoria. Both parties submit to the exclusive jurisdiction of the courts operating in Victoria and any appeal courts, and waive any objection to proceedings in those courts.

For any questions and notices, please contact us at:
The Three Thousands Studios Pty Ltd (ACN 670 311 485)
Email: conatct@thethreethousands.com