TERMS OF SERVICE

This website (www.bagsamore.com.au) (“Site”), is owned and operated by Freya Bass trading as Bagsamoré (ABN: 99515324430), 50 Sunrise Boulevard, Byron Bay, 2481, NSW, Australia ("we", "our", "us"). The terms "you", "your", "customer", and "user" refer to anyone who uses our Site or services. These Terms and Conditions ("Terms") govern the relationship between you and us.

By using our services or accessing our Site, you agree to these Terms. Please read them carefully. If you disagree with any part of these Terms, you must not use our Site or services.

1. SERVICES

We offer customisation services for designer bags, wallets, shoes, and jackets. Our services include but are not limited to adding initials or a word, or performing a full colour change to the leather of your items. All work is carried out by hand and therefore may slightly differ from any digital representation that is generated prior to the work being done.

2. PROOF OF PURCHASE

For insurance purposes, you are required to provide a valid proof of purchase for each item sent to us. This is required for our courier partner, Sendle, to process a claim in the event of loss or damage in transit. Any items sent via another service is not covered under this same insurance. If proof of purchase cannot be presented, then a claim cannot be made.

3. DELIVERY AND COLLECTION

We offer a courier service for the collection and delivery of your items. This service is covered by a $100 insurance each way. In the event of loss of a package in transit, a claim may be made, provided you have supplied the required proof of purchase.

4. PAYMENTS

Full payment for our services must be made prior to work being carried out. We will not commence work on your item until payment has been received in full. We reserve the right to hold onto your items until full payment has been received. Upon request, we can send images of the completed work prior to sending the item back to ensure the customer is satisfied with the work ahead of receiving it.

5. REFUNDS

Refunds are only considered after we have been given an opportunity to rectify any issues with our service. If you are not satisfied with our service, please contact us directly, and we will make every effort to resolve the problem.

6. WARRANTY

All our work is guaranteed for six (6) months for any faults with the service provided. This warranty does not cover general wear and tear or damage caused by misuse or abuse of the item.

7. LIABILITY

We maintain comprehensive insurance coverage while the items are in our care. Should anything go wrong or if the items go missing, our liability is limited to the coverage provided by our insurance.

8. PRIVACY

By using our services, you agree that we may collect, store, and use your personal information as described in our Privacy Policy.

9. CONTACT

If you have any questions or concerns about these Terms or our services, please contact us at +61 412 304 847 or through the contact form on our Site.

10. PRIVACY & DATA

1. Introduction

We, at Bagsamoré, respect and value the privacy of our users and are committed to protecting it in accordance with the Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cth) and other relevant laws and regulations.

2. Collection of Personal Information

  • We only collect personal information that is necessary for our business functions and activities.

  • When collecting personal information, we will take reasonable steps to ensure individuals are aware of the purposes for which their data is collected.

3. Use and Disclosure

  • Personal information will not be used or disclosed for a secondary purpose unless an exception under the APPs applies.

  • We will not share personal information with third parties without the individual's consent unless required by law.

4. Security

  • We employ a range of technical and administrative measures to protect personal information from misuse, interference, loss, and unauthoriSed access, modification, or disclosure.

  • In the event of a data breach, affected individuals and the Office of the Australian Information Commissioner (OAIC) will be notified in accordance with the Notifiable Data Breaches scheme.

5. Access and Correction

  • Individuals have a right to access and correct their personal information held by us. Requests for access or correction can be made at info@bagsamore.com.au.

  • We will respond to such requests within a reasonable time.

6. Cookies and Online Data

  • Our website may use cookies and other tracking technologies. These are used to enhance user experience and gather analytical data. Users can adjust their browser settings to refuse cookies.

7. Changes to the Policy

  • We may update this policy from time to time. Any changes will be published on our website.

8. Complaints and Enquiries

  • If you have a concern or complaint regarding the way we handle your personal information, please contact info@bagsamore.com.au. We will address your concern promptly.

  • If unsatisfied with our response, you may lodge a complaint with the OAIC.

Artist Spotlight:

Intellectual Property Terms and Conditions for Artists Collaborating with Bagsamoré

Last updated: 6th June 2023

1. Definitions

  • "Artwork" refers to the original creations painted or otherwise produced by the Artist on handbags provided by Bagsamoré.

  • "Products" refers to the handbags provided by Bagsamoré, which bear the Artwork.

  • "Artist" refers to the individual or entity creating the Artwork.

  • "Website" refers to Bagsamoré's online platform where the Products will be offered for sale.

2. Ownership of Intellectual Property

The Artist retains all intellectual property rights, including copyrights, related to the Artwork. The sale of a Product does not constitute the sale of the Artwork's copyright or any rights therein.

3. License to Use

The Artist grants Bagsamoré a non-exclusive, non-transferable, royalty-free, worldwide license to display, promote, and sell the Products bearing the Artwork on the Website and through any promotional material related to the Products. This license does not permit Bagsamoré to use the Artwork for any other purposes or on any other items beyond the agreed-upon handbags.

4. Representation of Originality

The Artist represents and warrants that:

  • The Artwork is their original creation and does not infringe upon the rights, including copyrights, of any third party.

  • The Artwork has not been copied from any source.

5. One-of-a-Kind Commitment

Bagsamoré agrees that each Product bearing the Artist's Artwork will remain one-of-a-kind. No reproductions, duplicates, or similar designs of the same Artwork will be created or sold by Bagsamoré.

6. Termination

Either party may terminate this agreement with 4 weeks written notice. Upon termination, Bagsamoré will cease selling the Products bearing the Artwork and will not use the Artwork for any future purposes. However, any Products sold prior to termination will remain in the possession of the buyers without any infringement of the terms.

In the event of termination, any unsold bags bearing the Artist's artwork must be compensated for by the terminating party. This compensation will be equivalent to the Recommended Retail Price (RRP) of the bag prior to the addition of the artwork.

7. Protection from Costs and Claims

If Bagsamoré faces any legal issues, costs, or damages because the Artist didn't provide original artwork as promised, the Artist agrees to cover those costs and defend Bagsamoré.

8. Governing Law

This agreement shall be governed by the laws of Australia. Any disputes arising from this agreement shall be resolved in the courts of NSW Australia.

9. Entire Agreement

This agreement constitutes the entire agreement between the Artist and Bagsamoré and supersedes any prior understandings, written or oral, relating to the subject matter of this agreement.