Terms of service
Terms of Service
These Terms of Service apply when you access the Place and Keep website, place an order, purchase a product or otherwise use our services.
By using this website or placing an order with Place and Keep, you agree to these Terms of Service.
About Place and Keep
Place and Keep creates personalised artwork based on photographs provided by customers.
Our artworks are custom made and may be printed, framed and delivered according to the options available at the time of purchase.
Placing an order
When placing an order, you are responsible for ensuring that all information you provide is accurate and complete.
This includes:
• your contact details
• delivery information
• the photograph you upload
• product and frame selections
• any personalised information or instructions
We may contact you if we require additional information before beginning your artwork.
We reserve the right to decline or cancel an order where we are unable to reasonably complete it, where suitable source material has not been provided, or where the order breaches these Terms.
If we cancel an order before completing the service, any applicable payment will be refunded.
Photographs you provide
You are responsible for ensuring that you have the right to provide and use any photograph submitted to Place and Keep.
By uploading a photograph, you confirm that:
• you own the photograph or have permission to use it
• creating artwork from the photograph does not infringe another person's rights
• the photograph does not contain unlawful or prohibited material
• you have permission to provide any identifiable personal information contained within it where required
You grant Place and Keep permission to use the photograph solely as necessary to create, process and fulfil your order, subject to our Privacy Policy and any separate permissions you provide.
Artwork creation
Our artwork is an artistic interpretation of the photograph you provide.
The finished artwork may not reproduce every detail, colour, object, texture or feature exactly as it appears in the original photograph.
Minor artistic adjustments may be made to improve composition, balance, clarity and the overall appearance of the artwork.
These differences are part of the custom artwork process and are not considered defects.
Artwork approval
Where an artwork proof is provided, you are responsible for carefully reviewing it before approval.
Once you approve your artwork, we may begin printing, framing or production.
After approval, changes may not be possible and additional costs may apply if you request changes after production has begun.
Approval of the artwork confirms that you are satisfied with the design presented to you, subject to your rights under Australian Consumer Law.
Revisions
Where revisions are offered, they must be reasonable and consistent with the original order and photograph provided.
A revision is intended to correct or refine the artwork rather than create a completely new concept or artwork.
We may charge an additional fee where a request substantially changes the original order, requires a different photograph, introduces significant new elements or requires excessive additional work.
Any additional fee will be communicated before further work is undertaken.
Pricing and payment
All prices displayed on our website are in Australian dollars unless otherwise stated.
Prices may change from time to time.
The price applicable to your order is the price displayed and accepted at the time you place your order.
You agree to pay all charges associated with your order, including any delivery fees shown at checkout.
An order is not considered confirmed until payment has been successfully received.
Production times
Any production or turnaround times displayed on our website are estimates only.
Custom artwork requires individual preparation and production, and completion times may vary depending on order volume, revisions, customer response times and other circumstances.
We will make reasonable efforts to complete orders within the estimated timeframe but cannot guarantee an exact completion date unless expressly agreed in writing.
Shipping and delivery
Orders are delivered according to our Shipping and Delivery Policy.
You are responsible for providing a complete and accurate delivery address.
Place and Keep is not responsible for delays or additional costs caused by incorrect delivery information supplied by the customer.
Once an order has been dispatched, delivery may be affected by circumstances outside our reasonable control.
Any rights you may have in relation to delayed, lost or damaged goods remain subject to Australian Consumer Law.
Returns, cancellations and refunds
Because Place and Keep artworks are personalised and created specifically for each customer, we generally do not accept returns or provide refunds for change of mind.
Cancellations, damaged orders, faulty products and refunds are handled in accordance with our Returns and Refunds Policy.
Nothing in these Terms limits any rights you may have under Australian Consumer Law.
Intellectual property
The Place and Keep website, branding, logo, written content, graphics, designs and other original material remain the property of Place and Keep or the applicable rights holder.
You may not copy, reproduce, distribute, modify or commercially use our website content without permission.
Your purchase of a custom artwork does not automatically transfer ownership of any underlying intellectual property rights in the artwork.
Unless otherwise agreed in writing, your purchase gives you the right to display and enjoy the physical artwork for personal use.
You may not reproduce, resell, commercially distribute or use the artwork for commercial purposes without prior written permission from Place and Keep.
Use of completed artwork
Place and Keep will not use photographs or completed personalised artwork for marketing, advertising, social media or portfolio purposes without appropriate permission where such permission is required.
Where we request permission to share an artwork, you may decline.
Any specific consent you provide will be handled separately from these Terms and in accordance with our Privacy Policy.
Prohibited use
You must not use our website or services:
• for unlawful purposes
• to infringe another person's intellectual property or privacy rights
• to upload harmful, offensive or unlawful material
• to interfere with the operation or security of the website
• to attempt to gain unauthorised access to our systems
• to make fraudulent purchases
• to reproduce or commercially exploit our content without permission
We may refuse service where we reasonably believe these conditions have been breached.
Website information
We aim to keep the information on our website accurate and up to date.
However, product descriptions, photographs, colours, availability and other information may occasionally contain errors or require updating.
We reserve the right to correct errors and update information where reasonably necessary.
Images shown on the website are examples only.
Screen settings, printing processes, lighting and materials may cause colours to appear slightly different from those shown digitally.
Third party services
Our website may use third party platforms and services for payment processing, website hosting, delivery and other business functions.
Your use of those services may also be subject to the terms and privacy policies of the relevant provider.
Place and Keep is not responsible for the independent actions of third party services except where required by law.
Limitation of liability
To the maximum extent permitted by law, Place and Keep is not liable for indirect, incidental or consequential loss arising from the use of our website or services.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under Australian Consumer Law.
Where our liability may lawfully be limited, it will be limited to the extent permitted by applicable law.
Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
Nothing in these Terms is intended to exclude or limit rights or remedies available to you under Australian law.
Privacy
Personal information collected through our website or during the ordering process is handled in accordance with our Privacy Policy.
Changes to these Terms
We may update these Terms of Service from time to time.
The version published on our website at the time you place an order will apply to that order unless otherwise required by law.
Governing law
These Terms are governed by the laws of Victoria, Australia.
Any dispute arising in connection with these Terms will be subject to the applicable laws and courts of Victoria and Australia.
Contact
If you have any questions about these Terms of Service, please contact us at: