These Terms and Conditions ("Terms") are entered into by and between Stampin’ Up! Australia Pty Ltd (ACN 116 665 466) (hereinafter “Stampin’ Up!” or “We”) with a registered office located at Suite 204, Level 2, Quad 2, 6 Parkview Drive, Sydney Olympic Park NSW 2127, Australia, and any Stampin’ Up! Independent Demonstrator or Customer (collectively “You” and “Your”) subscribing to Stampin’ Up!’s monthly Paper Pumpkin subscription (“Service”). The Service is governed by these Terms, and these Terms supersede and replace any previous Stampin’ Up! Paper Pumpkin Terms. By subscribing You acknowledge You have read and agree to be bound by the Terms as at the date You subscribe (“Effective Date”). If You do not agree to these Terms, do not subscribe to the Service.

DEFINED TERMS

Service Plan: Monthly Paper Pumpkin kit (“Kit”) delivered to a specified address.  Each kit includes materials and instructions to create crafting projects, and may include, without limitation, handmade cards, tags, and more. Shipping costs are included as part of the Service fee.

Pay-as-You-go: A monthly subscription to the Service Plan that automatically renews each month until cancelled.

Pre-pay:Selection of either 3, 6, or 12 months of the Service Plan paid for in advance. Pre-pay ensures delivery without the need for payment of individual monthly billing invoices and does not automatically renew.

ELIGIBILITY

By subscribing to the Service, You represent that You are not a minor, and you understand and agree to be bound by these Terms.

HOW TO SUBSCRIBE

To subscribe to the Service Plan, visit www.stampinup.com.au/subscriptions/paper-pumpkin-kits and create or login to Your Stampin’ Up! account, choose a Service Plan and complete checkout.

Pay-as-You-go. Payment for Your first Kit is due at sign-up. The Pay-as-You-go Service automatically renews on the 11th day of each month.  You will be required to provide separate express informed consent to these recurring charges at the time of checkout. At the time of automatic renewal, the payment method you provided Stampin’ Up! will be charged for the upcoming monthly Kit.  Stampin’ Up! will send a reminder email to the email address You provided at the time of subscription, at least 5 days prior to each renewal, with a link to manage or cancel Your Service. 

Pre-pay. A single payment is due at the time of purchase for the total price of the subscription You selected.  Subject to any Non-Excludable Guarantees (see Limitation of Liability section below), Pre-pay plans are non-refundable unless otherwise provided by law.

 

PAYMENT AND TAX

Any payments charged to a credit card are subject to the approval of the financial institution that issued the credit card. By providing Your payment method, You: (a) represent that all information provided by You in connection with Your subscription is true and accurate, (b) represent that You are an authorized user of the payment method provided, and (c) authorize Stampin’ Up! to charge the full purchase price, to Your payment method.

You are responsible for the payment of all sales tax, use tax, goods and services tax, harmonized sales tax, and any other taxes, charges, duties or other fees associated with Your purchase.

CANCELLATIONS AND REFUNDS

You may cancel Your Pay-as-You-go Service using the same method You used to sign up, or by following the instructions found by clicking the clearly labeled ‘Cancel Subscription’ button found in Your account settings. It is not required to call or email to cancel. Cancellations must be made on or before the 10th day of the month to avoid being charged for the upcoming monthly kit. Upon providing You with a 60-day advance written notice, Stampin’ Up! may cancel Your subscription.

Subject to any Non-Excludable Guarantees You may not cancel and Stampin’ Up! will not refund any Pre-pay 3, 6, or 12 month Service plan after the 10^th day of the month immediately following Your Service order unless otherwise provided by law.

MANAGING YOUR SUBSCRIPTION

You may pause Your Service on a monthly basis by electing the skip option on the Subscription page when logged into Your account on the Stampin’ Up! Website at www.stampinup.com.au (“Website”). An election to skip a month must be made on or before the 10^th day of the month. Choosing the skip option pauses Your Service for only the month indicated when skipping. Service will automatically resume the following month.  

GIFTED SERVICE

Services may be purchased by You and delivered to a third-party recipient (“Gift Recipient”). You retain full control over the Service, including payment, renewal, and shipping details. The Gift Recipient will receive the Kit but cannot manage the Service.

By purchasing a Service as a gift, You represent that You have the Gift Recipient’s consent to share their name and address, which will be used solely to fulfill the Service in accordance with Stampin’ Up!’s Privacy Policy.

You acknowledge that beyond shipment and as otherwise may be required by law, Stampin’ Up!  has no other obligation to the Gift Recipient. Notwithstanding anything to the contrary, these Terms create no third-party beneficiary rights.

SHIPPING AND DELIVERY

Kits are shipped monthly to the shipping address provided by You at purchase. Shipping costs are included in the Service fee.

Delivery times may vary based on location. Shipping and delivery dates are estimates only and cannot be guaranteed. Stampin’ Up! is not responsible for delays caused by postal services or other factors beyond its control.

COMMUNICATION

By creating an account or using the Service, You will receive communications from Stampin’ Up! that may include updates about Your account, order confirmations, shipping and service notifications, and other information necessary to fulfill contractual obligations to You.

CHANGES TO SERVICE PLANS AND PRICING

From time to time, Stampin’ Up! may modify the Service, including these Terms, including, without limitation, the Service plans, price and payment, shipping and delivery, cancellation and refunds, gifted service and monthly skip options, eligibility and qualifications, by providing You with reasonable notice, or as otherwise required by law. After receiving notice, You will have 30 days to reject any such modifications. Changes will take effect on the billing cycle following the expiration of the 30 day advance notice. Stampin’ Up! may suspend or terminate the Service and/or Your Subscription to the Service at any time and for lawful purpose by providing You with 30 days advance notice, or as otherwise required by law. If the Service is terminated by Stampin’ Up!, outstanding pre-paid Services will, at the option of Stampin’ Up!, be fulfilled or partially refunded for the remaining Service.

PRIVACY AND DATA PROTECTION

You are responsible to ensure the information in Your profile is accurate and remains current.  Stampin’ Up! is not responsible for inaccurate information provided by You. You consent to the collection, use and disclosure of Your personal information by Stampin’ Up! in connection with the Service in accordance with applicable privacy and data protection law. For information on how We handle personal information, please see the Privacy Policy.

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW AND SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF STAMPIN’ UP! AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SERVICE PROVIDERS, AGENTS, AND TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO STAMPIN’UP! FOR ANY GOODS OR SERVICES IN THE LAST 12 MONTHS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO RESPONSIBILITY OR LIABILITY IS ASSUMED BY STAMPIN’ UP! FOR TECHNICAL PROBLEMS OR TECHNICAL MALFUNCTIONS ARISING IN CONNECTION WITH THE OPERATION OF THE WEBSITE OR THE SERVICE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. Further, nothing in these Terms limits, excludes, modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Terms would contravene any statute or cause any part of these Terms to be void (“Non-Excludable Guarantees”).

INDEMNIFICATION

Subject to any Non-Excludable Guarantees, You agree to defend, indemnify, and hold harmless Stampin’ Up!, its affiliates, licensors, and service providers, and its and their respective directors, officers, employees, agents, licensors, suppliers, contractors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees, arising out of or relating to Your violation of these Terms or Your use of the Service, including, but not limited to, any use of the content on Stampin' Up!'s Website, other than as expressly authorized in these Terms, or Your use of any information obtained from the Website.

DISPUTE RESOLUTION

Any dispute, controversy or claim arising out of, or in connection with these Terms or use of the Service or Website, shall be resolved by arbitration in accordance with the Australian Centre for International Commercial Arbitration ("ACICA") Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be in English.

Any legal suit, action, or proceeding arising out of, or related to, these Terms, or use of the Service or the Website will be instituted exclusively in the courts of Australia, located in Sydney.

GENERAL PROVISIONS

No waiver by Stampin’ Up! of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Stampin’ Up! to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

You may not assign, novate, delegate, or otherwise transfer any of Your rights or obligations under these Terms without the prior written consent of Stampin’ Up!, which consent Stampin’ Up! may grant or withhold in its sole and absolute discretion. You agree that these Terms are governed by the laws of New South Wales, Australia.

You agree that these Terms constitute the sole and entire agreement between You and Stampin’ Up! arising out of or relating to the Service and the subject matter of these Terms, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, arising out of or relating to the subject matter of these Terms.

For more information about customer right of withdrawal, product guarantee and exchanges visit: https://www.stampinup.com.au/help/orders-and-exchanges.