About the Website
Welcome to https://www.jkscrossstitch.com.au (‘Website‘). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the website (the ‘Products‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).
The Website is operated by JK’s Stitch Supplies. Access to and use of the Website, or any of its associated Products or Services, is provided by JK’s Cross Stitch Supplies. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its Services, immediately.
JK’s Cross Stitch Supplies reserves the right to review and change any of the Terms by updating this page at its sole discretion. When JK’s Cross Stitch Supplies updates these Terms, it will place an announcement of the change of the Terms in the Updates tab of the Website. It is your responsibility to check the Updates tab regularly. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
** WE RESERVE THE RIGHT TO CANCEL AN ORDER AT ANY TIME AND PROVIDE A REFUND IF THE ORDER HAS BEEN PAID FOR. **
** IN SOME INSTANCES THERE MAY BE AN EXTRA AMOUNT OF POSTAGE REQUIRED TO BE PAID. YOU WILL BE NOTIFIED AND A NEW INVOICE ISSUED. SHOULD YOU NOT WISH TO PAY THIS ADDITIONAL POSTAGE WE ARE HAPPY TO CANCEL YOUR ORDER AND REFUND YOU THE PAYMENT PRICE IN FULL **
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by JK’s Cross Stitch Supplies in the user interface.
Registration to use the Purchase Services
In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including
~ email address
~ mailing address
~ telephone number
~ full name
You warrant that any information you give to JK’s Cross Stitch Supplies in the course of completing the registration process will always be accurate, correct and up to date. If any of this information, especially the mailing address, is incorrect, JK’s Cross Stitch Supplies accept no responsibility for loss of items once they leave our premises. Please also ensure that your Paypal address is correct if using this payment method.
Once you have completed the registration process, you will be a registered Customer of the Website (‘Customer‘) and agree to be bound by the Terms. As a Customer you will be granted immediate access to the Purchase Services.
You may not use the Purchase Services and may not accept the Terms if:
~ you are not of legal age to form a binding contract with JK’s Cross Stitch Supplies; or
~ you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are a resident or from which you use the Purchase Services.
Your obligations as a Customer
As a Customer, you agree to comply with the following: You will use the Purchase Services only for the purposes that are permitted by:
~ the Terms;
~ any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
~ you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
~ any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify JK’s Cross Stitch Supplies of any unauthorised use of your password or email address or any breach of security of which you have become aware;
~ access and use of the Website for any illegal and/or unauthorised use which includes collecting email addresses of Customers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
~ you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by JK’s Cross Stitch Supplies for any illegal or unauthorised use of the Website;
~ you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited; and
~ all payments to JK’s Cross Stitch Supplies are to be in Australian Dollars
Purchase of the Products and Returns Policy
In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price‘).
If you are planning on paying for your purchase via Layby you must choose the Bank Transfer method of payment. Documentation will be sent to you by a third party Payment Gateway Provider and they will collect the Layby payments on behalf of JK’s Cross Stitch Supplies. Goods will not be despatched until payment is completed.
It is requested that residents of New Zealand do not use Bank Transfer as a payment method. Each time this is done JK’s Cross Stitch Supplies incurs a fee of $25. This can no longer be absorbed. Please use either PayPal, Afterpay or Square as your payment method. Repeat incidents of Customers paying by this method will result in your account being suspended, closed or blocked.
Following payment of the Purchase Price being confirmed by JK’s Cross Stitch Supplies, you will be issued with a receipt to confirm that the payment has been received and JK’s Cross Stitch Supplies may record your purchase details for future use if you select the check box to remember your details.
JK’s Cross Stitch Supplies may, at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging remains in a saleable condition. We will only provide a refund or replacement for;
~ an item if there is a proven defect in the manufacture of the item.
~ an incorrect item sent in error
JK’s Cross Stitch Supplies can not;
~ cancel and refund an order that has already been packed ready for shipment
~ cancel and refund an order for an item that was ordered in especially for you
~ cancel and refund an order that is on backorder when JK’s Cross Stitch Supplies have already paid the Supplier in advance for those goods
~ issue a refund because you ‘changed your mind’ or ordered in error
~ issue a refund on hand dyed fabric because the piece you received doesn’t look exactly like the piece on the website. As previously explained Aida, Evenweave and Linen all dye differently and each piece is unique. The photos are a portion of a large piece of fabric and can not possibly be exactly the same as the piece you receive. It is recommended that if you are doing companion pieces that you order all your pieces of fabric at the same time.
JK’s Cross Stitch Supplies also can not;
~ issue a refund or accept a return of intellectual property such as designs, charts and magazines provided in the form of downloads, emails, other forms of electronic transfer, or hard copies. Once these are provided to the user there can be no refund, however we will provide a replacement copy of the item if there is a proven defect in the manufacture of that item. Please be aware there are often chart corrections provided by the designer or manufacturer of the chart. It is good practice to check their website or Facebook page to ensure you have the current and up to date version of the chart. Chart corrections are not considered a defect and no refund will be issued due to there being a chart correction. It is also not a requirement of JK’s Cross Stitch Supplies to notify the Customer of any possible chart corrections. This is the responsibility of the Customer.
Should JK’s Cross Stitch Supplies decide to accept return of the goods, despite the above policies, postage is to be paid for both ways by the Customer.
For all the above reasons it is important that you choose your items carefully.
JK’s Cross Stitch Supplies Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘).
You may make a claim under this clause (the ‘Warranty Claim‘) for material defects and workmanship in the Products within 7 days from the date of receiving the goods (the ‘Warranty Period‘).
In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to JK’s Cross Stitch Supplies showing the date of purchase of the Products, date of reciept of the Products, provide a description of the Products and the price paid for the Products by sending written notice to JK’s Cross Stitch Supplies at 21 Kathleen White Crescent, Killarney Vale, NSW, 2261 or by email at enquiries[@]jkscrossstitchsupplies.com.au (removing the [ ]’s).
Where the Warranty Claim is accepted then JK’s Cross Stitch Supplies will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour.
All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
You acknowledge that the Purchase Services offered by JK’s Cross Stitch Supplies integrate delivery (the ‘Delivery Services‘) through the use of third party delivery companies (the ‘Delivery Service Providers‘).
In providing the Purchase Services, JK’s Cross Stitch Supplies may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that JK’s Cross Stitch Supplies is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
In the event that an item is lost or damaged in the course of the Delivery Services, JK’s Cross Stitch Supplies asks that you;
~ contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
~ contact us by sending an email to enquiries[@]jkscrossstitchsupplies.com.au (removing the [ ] ‘s) outlining in what way the Products were damaged in transit so we are able to determine how to best begin discussions with the Delivery Service Provider.
Satchels are sent with tracking. Envelopes do not include tracking. If you require tracking on these items please place a note on your order and you will be sent a separate invoice to cover this cost.
Copyright and Intellectual Property
The Website, the Purchase Services and all of the related products of JK’s Cross Stitch Supplies are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. This does not apply to images that have been taken directly, with permission, from manufacturer’s websites. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by JK’s Cross Stitch Supplies or its contributors.
JK’s Cross Stitch Supplies retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you;
~ the business name, trading name, domain name, logo, trade mark, industrial design, patent, registered design or copyright of JK’s Cross Stitch Supplies; or
~ the right to use or exploit a business name, logo, trading name, domain name, trade mark or industrial design; or
~ a system or process that is the subject of a patent, registered design or copyright (or adaption or modification of such a system or process).
You may not, without the prior written permission of JK’s Cross Stitch Supplies and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
JK’s Cross Stitch Designs also requests that if you wish to link to our website that you seek permission, in writing, first.
JK’s Cross Stitch Supplies are not responsible for the contents of websites that are maintained by third parties and therefore waives its liability for any links from this website to other websites. JK’s Cross Stitch Supplies has no knowledge of whether cookies or tracking devices are used on linked sites or if they contain viruses or content that may affect your computer. If you choose to click on any links to an external site you agree that JK’s Cross Stitch Supplies is not liable and accepts no responsibility for any damages or losses of any kind.
We are not bound by, nor responsible for, any typographical errors in the current price list or any other documents published by us on our website. Whilst we have tried to ensure that all information, illustrations, specifications and prices contained in this website are accurate, product features, specifications and prices are subject to change without notice..
You acknowledge that JK’s Cross Stitch Supplies does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
JK’s Cross Stitch Supplies will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that colours and packaging may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
~ all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
~ JK’s Cross Stitch Supplies will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tor (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, the Purchase Services, and any of the products of JK’s Cross Stitch Supplies (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of JK’s Cross Stitch Supplies, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of JK’s Cross Stitch Supplies (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of JK’s Cross Stitch Supplies) referred to on the Website. This includes, but is not restricted to) loss or damage you might suffer as a result of any of the following:
~ failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
~ the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
~ costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
~ the Content or operation in respect to links which are provided for the User’s convenience;
~ any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
~ any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
JK’s Cross Stitch Supplies total liability arising out of or in connection with the Purchase Service or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of JK’s Cross Stitch Supplies is the resupply of information or Purchase Services to you.
You expressly understand and agree that JK’s Cross Stitch Supplies, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
JK’s Cross Stitch Supplies is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of JK’s Cross Stitch Supplies, by third parties or by any of the Purchase services offered by JK’s Cross Stitch Supplies.
You acknowledge that JK’s Cross Stitch Supplies does not provide the Delivery Services to you and you agree that JK’s Cross Stitch Supplies will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
Termination of Contract
The Terms will continue to apply until terminated by either you or by JK’s Cross Stitch Supplies as set out below.
If you want to terminate the Terms, you may do so by:
~ notifying JK’s Cross Stitch Supplies at any time; and
~ closing your accounts for all of the Purchase Services which you use, where JK’s Cross Stitch Supplies has made this option available to you.
Your notice should be sent, in writing, to JK’s Cross Stitch Supplies via the ‘Contact Us’ link on our homepage.
JK’s Cross Stitch Supplies may at any time, terminate the Terms with you if:
~ you have breached any provision of the Terms or intend to breach any provision;
~ JK’s Cross Stitch Supplies is required to do so by law;
~ JK’s Cross Stitch Supplies is transitioning to no longer providing the Purchase Services to Users in the country in which you are residing or from which you use the service; or
~ the provision of the Purchase Services to you by JK’s Cross Stitch Supplies is, in the opinion of JK’s Cross Stith Supplies, no longer commercially viable.
Subject to local applicable laws, JK’s Cross Stith Supplies reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts JK’s Cross Stith Supplies name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and JK’s Cross Stith Supplies have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify JK’s Cross Stith Supplies, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
~ all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website.
~ any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
~ any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
~ within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree:
~ if for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request than an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
~ the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
~ the mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Purchase Services offered by JK’s Cross Stitch Supplies is intended to be viewed by residents of Australia and New Zealand. In the event of any dispute arising out of or in relation the the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Please be aware that none of the above clauses take into account the effect Covid-19 has had on:
~ local, interstate and international deliveries
~ stock being unavailable
~ no longer being able to give an expected delivery date
~ many European and American suppliers either temporarily closing or working with a skeleton crew
~ Australia Post no longer offering an Express Post service.