Type of website: Ecommerce
Effective date: ____1____ day of ________February________, ____2023____
www.samanthabadrock.com (the "Site") is owned and operated by Samantha Badrock. Samantha Badrock can be contacted at:
(04) 6706 3885
The personal data we will collect;
Use of collected data;
Who has access to the data collected;
The rights of Site users; and
By using our Site users agree that they consent to:
Personal Data We Collect
Data Collected Automatically
When you visit and use our Site, we may automatically collect and store the following information:
Clicked links; and
Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:
First and last name;
Date of birth;
Payment information; and
Auto fill data.
This data may be collected using the following methods:
Creating an account, ordering products or services, visiting our website.
How We Use Personal Data
The data we collect automatically is used for the following purposes:
The data we collect when the user performs certain functions may be used for the following purposes:
Communication and using Google, Facebook and WIX analytics to improve the customer experience..
Who We Share Personal Data With
We will not sell or share your data with other third parties, except in the following cases:
If the law requires it;
If it is required for any legal proceeding;
To prove or protect our legal rights; and
To buyers or potential buyers of this company in the event that we seek to sell the company.
If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.
How Long We Store Personal Data
User data will be stored until the purpose the data was collected for has been achieved.
You will be notified if your data is kept for longer than this period.
How We Protect Your Personal Data
In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements and a breach of this agreement would result in the employee's termination
While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.
We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.
How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, or if you would like your data to be deleted or modified in any way, please contact our privacy officer here:
How to Opt-Out of Data Collection, Use or Disclosure
In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected section, we provide the following specific opt-out methods for the forms of collection, use, or disclosure of your personal data specified below:
You can opt-out of the use of your personal data for marketing emails. You can opt-out by clicking "unsubscribe" on the bottom of any marketing email or updating your email preferences under "Your Account"
A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.
We use the following types of cookies on our Site:
Functional cookies are used to remember the selections you make on our Site so that your selections are saved for your next visits;
Analytical cookies allow us to improve the design and functionality of our Site by collecting data on how you access our Site, for example data on the content you access, how long you stay on our Site, etc; and
Targeting cookies collect data on how you use the Site and your preferences. This allows us to personalise the information you see on our Site for you.
If you have any questions, concerns or complaints, you can contact our privacy officer, Samantha Badrock, at:
Sales Terms and Conditions
TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of www.samanthabadrock.com (the "Site"). This Site is owned and operated by Samantha Badrock. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
All content published and made available on our Site is the property of Samantha Badrock and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
Harass or mistreat other users of our Site;
Violate the rights of other users of our Site;
Violate the intellectual property rights of the Site owners or any third party to the Site;
Hack into the account of another user of the Site;
Act in any way that could be considered fraudulent;
Post any material that may be deemed inappropriate or offensive; or
Transmit computer viruses that could affect other users.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Users may post the following information on our Site:
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
When you create an account on our Site, you agree to the following:
You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
Online art classes;
Retail and wholesale products;
Private or group art lessons; and
The following services are available on our Site:
Private or group art sessions.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
User Goods and Services
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps: Email email@example.com to request cancellation. If cancelled within 30 days from date of purchase, then payments will be cancelled immediately. If cancellation request is made after 30 days from date of purchase, the following payment due and subsequent future payments will be cancelled.
We offer the following free trial of our goods and services: A 7 day free trial begins when users sign up for the art classes.
At the end of your free trial, the following will occur: You will automatically be billed the one time payment or subscription rate (whichever you have chosen at the time of signing up). If you do not want to be billed, you will need to cancel your subscription before your trial ends.
To cancel your free trial, please follow these steps: Email firstname.lastname@example.org and request a cancellation.
We accept the following payment methods on our Site:
Credit Card; and
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
Standard delivery by post,. Delivery takes 5-7 days. Free delivery when ordering over $75 worth products. Free delivery when delivering to a local location (within 35 minutes of Wangaratta).
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and public holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase goods from us for delivery to a destination outside Australia your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Refunds for Goods
Refund requests must be made within 5 days after receipt of your goods.
We accept refund requests for goods sold on our Site for any of the following reasons:
Good is broken; or
Good does not match description.
Refunds for Services
All services sold on our Site are non-refundable.
Returns can be made by mail. To return a good by mail, follow the following procedure:
e.g. Pack your goods and attach the return label that was included in your package. Go to your nearest post office and pay the necessary postage.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Samantha Badrock and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Except where prohibited by law, by using this Site you indemnify and hold harmless Samantha Badrock and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the State of Victoria.
Subject to any exceptions specified in these Terms and Conditions, if you and Samantha Badrock are unable to resolve any dispute through informal discussion, then you and Samantha Badrock agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Samantha Badrock. The costs of any mediation will be shared equally between you and Samantha Badrock.
Notwithstanding any other provision in these Terms and Conditions, you and Samantha Badrock agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Please contact us if you have any questions or concerns. Our contact details are as follows:
(04) 6706 3885
14 Dianella Street
You can also contact us through the feedback form available on our Site.
Effective Date: 1st day of February, 2023