Terms and Conditions
1. Introduction
Welcome to the Rachel de website (“Website”), which is owned and operated by Rachel de Bruyn trading as Rachel de Bruyn (A.B.N.78 690 170 833) (“we”, “us”, “our”, or “Rachel de Bruyn”).
The term “Site(s)” refers to www.rachelde.com and www.racheldebruyn.com.
Your access to the Website is conditional upon your acceptance and compliance with these terms, conditions, notices, and disclaimers (collectively known as “Terms of Use”). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.
We reserve the right to amend these Terms of Use at any time. Any amendments are effective immediately upon posting the new Terms of Use on this Website. Your continued use of the Website following the posting of changes constitutes your acceptance of those changes. We encourage you to periodically review this page to stay informed of any updates.
2. Website Access and Use
2.1 License to Access
When you access the Website, we grant you a limited, non-exclusive, personal, non-transferrable, non-shareable, non-sublicensable, revocable license to access and use the Website pursuant to these Terms.
2.2 Website Availability
We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimize delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.
We may at any time and without notice to you, discontinue the Website in whole or in part. We cannot be responsible for any loss, cost, damage, or liability that may result from our discontinuance of the Website.
2.3 Technical Requirements
You can access the Website through your Android Phone, iPhone, tablet, laptop, and computer. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose your computer to viruses, malicious computer code, or other forms of interference which may damage your computer system.
3. Prohibited Conduct
In relation to the Website, you must not:
Use the Website for any activities, sales or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes
Use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet
Use the Website to send unsolicited email messages
In any way tamper with, hinder or modify the Website
Knowingly transmit any viruses or other disabling features to the Website or via the Website
Reverse engineer, extract, decompile, modify, create derivative works of, or otherwise amend or alter the Website
Evade any security feature or functionality of the Website
Permit any third party to access or use the Website
Use any code or application that interferes with the working of the Website
Provide false information
Use any data mining robots or other extraction tools or metatag
Mirror the Website
4. Print Designs
4.1 Purchase and License
By purchasing a Print Design with us, you are purchasing a limited license to use the Print Design in accordance with these Terms. We are and will remain the absolute owner of any purchased Print Design. All right, title, and interest in the Licensed Prints, including copyright, are owned and controlled by us and protected by Australian and international laws.
4.2 License Types and Conditions
Your license in a purchased Print Design includes:
Commencement Date: Your license begins on the date you receive the Google Drive link from us via email
Term: Your license is perpetual from the Commencement Date
Territory: Your license can be used worldwide
Uses: Your license allows you to use the Print Design for any use or purpose
Attribution: Attribution is optional, in the format “© Rachel de Bruyn” and linking directly to our Instagram handle and/or Website
License types available:
Non-Exclusive License: Can be licensed to others during the entire license term
Exclusive License: Will not be licensed to others, but we retain the right to use for marketing, advertising, and portfolio purposes
4.3 Purchase Process
To purchase Print Designs:
Complete the application form with accurate information
Upon approval, you will receive an invoice
Payment must be made within 48 hours of invoice issuance
No designs will be held or reserved pending payment
Failure to pay within 48 hours may result in the design being made available to other customers
4.4 Pricing and Payment
Prices are in Australian dollars (AUD) and include GST where applicable
Payment is to be made via PayPal in AUD
For designs purchased through third-party sites, currency and payment methods may vary from these terms
We reserve the right to change prices at any time without notice
All payments must be made in full before delivery of any Print Designs
4.5 Delivery, Format and Mockups
Print Designs are delivered as high-resolution JPEG files in RGB color format via private Google Drive link, unless otherwise requested
Scale of repeat will be specified in the listing
Scale and recolor artwork modifications are available upon request and may incur additional costs
Hand-painted artwork may not always be suitable for recolor and resize due to its nature
Delivery typically occurs within 48 hours of payment
Print Designs may appear different in color and texture when printed compared to digital versions
We make no guarantees regarding appearance once applied to your particular uses
Any mockups shown on the Website or in marketing materials are for illustrative purposes only and are not true to size
Mockups are intended to demonstrate how patterns might look in use but may not represent exact scale or final application
4.6 Print Run Limitations
Print run limitations will be specifically stipulated in your purchasing contract
Exceeding the agreed print run limitations constitutes a breach of these terms
4.7 Returns and Refunds
48-hour grace period for refunds from receipt of high-resolution file
No refunds after 48 hours
Must confirm deletion of all copies upon refund
For major problems (as defined in Australian Consumer Law), a refund or replacement may be available
4.8 Warranties and Representations
We warrant that the Print Designs we deliver will:
Match the description in the order form
Be free of third-party claims
Not infringe any third-party’s intellectual property rights
We exclude all other representations or warranties regarding the suitability or reliability of Print Designs, including with respect to any of your uses, business operations or endeavors, or the merchantability or appeal of your application or use of the Print Design. Nothing in this clause operates to exclude your rights under the Australian Consumer Law.
4.9 Customer Obligations
You are responsible for:
Ensuring you have access to required hardware and software to access the Print Designs
Maintaining the security of the Print Designs and monitoring their use
Your business’s own expenses, profits and losses
Your business’s goodwill and reputation
The goods and services you provide that bear, feature, use or are otherwise promoted, distributed or supplied using the Print Designs
If you become aware of any intellectual property infringement, you must:
Immediately notify us in writing of any actual, threatened or suspected infringement
Fully cooperate with us in any legal proceedings or action we may take
4.10 Device Display and Printing Variations
Print Designs may appear different in color and texture when printed compared to the digital version
Colors and appearance may vary across different devices due to color and resolution settings
Always read the corresponding description of any item before purchasing
We make no guarantees about how the Print Design will appear once applied to your particular uses
4.11 Testimonials
We value customer feedback and testimonials
Any testimonial or endorsement about Print Designs does not constitute a guarantee, warranty, or prediction
Testimonials represent the anecdotal experience of individual consumers
All intellectual property rights in the Print Designs, Website, and other materials vest in us
You may not reproduce or use any material for commercial purposes without express written permission
You may view the Website and make temporary copies through normal web browser operation
We retain the right to use Print Designs for marketing, advertising, and portfolio purposes
You must notify us of any intellectual property infringement and cooperate in legal proceedings
6. Privacy and Email Communications
6.1 Personal Information
The email addresses we collect are only used internally for notices related to the Print Designs. We will not sell or rent your email address to other companies. For complete details, please refer to our Privacy Policy.
6.2 Email Subscriptions
By providing your email address for subscription purposes, you consent to receive marketing communications, newsletters, and updates about our products and services
Email subscribers may receive:
New pattern releases
Special offers and promotions
Industry news and updates
Design tips and inspiration
You can unsubscribe from our email communications at any time by:
Clicking the ‘unsubscribe’ link at the bottom of any email
Contacting us directly to request removal
We comply with the Spam Act 2003 and will:
Only send commercial electronic messages with your consent
Include clear sender identification
Provide a functional unsubscribe facility
Your email data is stored securely and handled in accordance with Australian Privacy Principles
We may use third-party email service providers to manage our email communications, subject to appropriate data protection agreements
7. Third-Party Links
This Website may contain links to third-party websites. We do not control, endorse, sponsor, or approve such websites or their contents. We are not liable for any loss or damage resulting from your use of third-party websites.
8. Limitation of Liability and Disclaimers
To the extent permitted by law:
We provide the Website and Print Designs “as is” without warranties
We are not liable for special, indirect, consequential, or punitive damages
Our aggregate liability shall not exceed the sum of fees paid for the relevant Print Designs
We are not liable for delays beyond our reasonable control
Your statutory rights under Australian Consumer Law apply where applicable
Our Print Designs are developed for digital printing. However:
We cannot guarantee how the Print Designs will appear once applied to your particular uses
Application and use of the Print Design, including printing and manufacture, is your sole responsibility
We make no representation about the suitability of a Print Design for your specific uses, machinery, manufacturing processes, or final product quality
We are not responsible for the actions or omissions of former purchasers or users of your Print Design
Save for any liability arising from a breach of warranty, gross negligence, fraud or willful conduct, our aggregate liability under or in connection with these Terms shall not exceed the sum of all fees paid to us for the relevant Print Designs.
10. General Provisions
These Terms are governed by Queensland law
Invalid provisions will be severed without affecting remaining provisions
Failure to act on breaches does not waive our rights
We may transfer rights upon business change
You agree to indemnify us against claims arising from your use of the Website
11. Affiliate Links
From time to time, we may include affiliate links on our Website and/or Services
If you purchase an item using an affiliate link, we may earn a commission
All affiliate links will be highlighted or marked in a way that clearly discloses the affiliate relationship
We are committed to transparency in our affiliate relationships and will ensure all such relationships are clearly disclosed
Contact
Please email us if you have any questions relating to these Terms of Use.
Last updated: 4th January 2025