Terms & Conditions

Welcome to 8graphique!

These are the terms and conditions for:

  • https://8graphique.com

(Hereinafter referred to as “8graphique”).

The following terms and conditions apply to the website, products and services offered by 8graphique. This includes mobile and tablet versions, as well as any other version of 8graphique accessible via desktop, mobile, tablet, social media or other devices.

By using the website and purchasing products (hereinafter referred to as "Products") from the website, you agree to these terms and conditions set out below (hereinafter referred to as "Terms").

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS.

ELIGIBLITY

You may use the website and purchase the products only in compliance with these terms and all applicable local, national and international laws, rules and regulations.

Access to the website and the products are available to all ages. It is the responsibility of parents and legal guardians to determine whether any of the content and products are appropriate for their children or minors in custody. 

By using the website and purchasing the products, you represent and warrant that you have full right, power and authority to enter into these terms and conditions and to fully perform all of your obligations hereunder. You further represent and warrant that you have no legal incapacity or contractual restriction that prevents you from agreeing to these terms and conditions.

You represent and warrant that your use of the Platform does not violate any applicable law or regulation. 8graphique may, in its sole discretion, refuse to offer the website and products to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and platform is revoked in such jurisdictions.

Promotions, contests and sweepstakes are subject to their own terms and conditions and may be terminated without notice. Before entering any contest or sweepstakes, please refer to the terms and conditions of each contest or sweepstakes, which shall form an integral part of these terms and conditions.

ACCOUNT

If you register with 8graphique, you will be asked to choose a password and may be asked for additional information about your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify 8graphique of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another User's account without 8graphique' prior authorisation. 8graphique will not be liable for any loss or damage arising from your breach of this agreement.

By providing 8graphique with your email address and telephone number, you agree that we may use your email address to send you communications, news and special content. We may also use your email address and phone number to send you notifications, push notifications and other messages, such as changes to service features, news and special offers on our products. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through the contact information or by using the "unsubscribe" option in emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or special offers on our products.

Users may cancel their accounts at any time and for any reason by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to 8graphique.

8graphique reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if 8graphique believes that you have breached any of these terms, provided 8graphique with false or misleading information, or interfered with any other party's use of the website or service.

SHOPPING ON THE WEBSITE

By placing an order, you offer to purchase the products for the price advertised and indicated on the website at the time of purchase. Please check correctly the variants and characteristics of the products before ordering.

When a customer places an order, 8graphique will send that customer an email whose purpose is to confirm the purchase and payment. This confirmation email will be produced automatically so that the user has confirmation of their purchase and the details of the order.

We reserve the right to limit the number of units purchased by each user. 8graphique also reserves the right to limit sales of our products on a regional or jurisdictional basis.

8graphique may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time at its sole discretion. If an order is cancelled, any payment made for the products will be refunded in full. This does not affect your statutory rights.

All new orders are considered separately and each is treated individually.

PRICES

8graphique reserves the right to determine the price of the products. The price of the product and its different variants will be available on each product page. Product prices and shipping costs are subject to change at any time depending on the value of exchange rates.

8graphique will use reasonable efforts to keep the price information published on the website up to date. We encourage you to check our website periodically for updated pricing information.

We will always endeavour to keep the prices on the website accurate. However, from time to time some pricing errors may occur, including, but not limited to, human, mechanical or similar errors. If a pricing error is discovered, the customer will be informed of the error. The user will be given the option to reconfirm the order at the correct price. The user also has the option to cancel the order if the user is not satisfied with the correct price communicated in such order of products.

PAYMENTS

Products will be paid for via Shopify Payments and PayPal (payment platforms available on the website). The customer must pay the price of the product as stipulated in the order before the product is shipped and delivered to the customer. Payment will be charged to the credit/debit card or PayPal balance immediately after placing the order for the product(s) purchased. Once the transaction has been processed, we will send you an electronic receipt of the transaction to the email address you provide. 

If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the customer service of the relevant payment platform.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorisation. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.

Your payment details will be treated and safeguarded securely and for the sole purpose of processing the purchase of the products. 8graphique reserves the right to contract any payment platform available on the market, which processes your data for the sole purpose of processing the purchase of the products.

PRODUCT DESCRIPTIONS

8graphique attempts to be as accurate as possible. However, 8graphique does not warrant that product descriptions, product prices or other content of this website is accurate, complete, reliable, current, or error-free. Product descriptions and images may vary depending on the colour resolution of the user's device screen.

DISCLAIMER

By visiting the website, accessing the content available on the website and purchasing the products, you accept personal responsibility for the results of the use of the information available on the website and the use or misuse of the products. You agree that 8graphique does not guarantee the results of actions advised or not advised by this website. 8graphique provides resources and content for informational purposes only. You acknowledge and agree that your ultimate success or failure in using the information and products available on the website will be the result of your own efforts, your particular situation, and a number of other circumstances beyond the control of 8graphique.

COPYRIGHT

All materials on the website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other items are protected by copyrights, trademarks and/or other intellectual property rights that are owned and controlled by 8graphique or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all materials on the Website are made available for your limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express permission of 8graphique. You may not add to, delete, distort or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security feature, or to use 8graphique or any part of the material for any purpose other than its intended purpose is strictly prohibited. Please do not copy any content and pass it off as your own, as this will result in copyright infringement.

COPYRIGHT COMPLAINTS

8graphique will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of provisions contained in Australian and international copyright and intellectual property laws and regulations. 8graphique respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the 8graphique website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information: 

  • Identification of the intellectual property right allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that 8graphique can find it on the 8graphique website. Note that providing a top-level URL is not sufficient.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the rights owner, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
  • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, are either the property of 8graphique or licensed by third parties. For all content that is not your own, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or resell any information or services obtained from or through the website. In addition, the following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, stream, display, sell, license, copy or exploit in any way any content of the Website, including, but not limited to, the use of any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.
  • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any part of our website for any purpose without our express written permission.
  • "Frame", "mirror" or otherwise incorporate any part of the Website in any other website or service without our prior written permission.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by 8graphique in connection with the website and services.
  • Circumvent, disable or otherwise interfere with the security features of the website or features that prevent or restrict the use or copying of any content.

THIRD PARTIES

When using the 8graphique website and services, you may encounter links to or interact with third party websites. These third parties may charge a fee for the use of certain content or services provided on or through their websites. Therefore, you should investigate what you deem necessary or appropriate before proceeding with any transaction with any third party to determine whether a fee will be incurred. Where 8graphique provides details of fees or charges for such third-party content or services, such information is provided for informational and convenience purposes only. Any interaction with third party sites and applications is at your own risk. You expressly acknowledge and agree that 8graphique is in no way responsible for such third-party sites.

INDEMNIFICATION

You agree to defend and indemnify 8graphique and any of its directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this Agreement or the documents referred to in this Agreement.
  • Your violation of any law or the rights of a third party.
  • Your purchase of the products.

ELECTRONIC COMMUNICATIONS

8graphique will not accept any liability for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, Internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, accessibility or availability of the Internet or for traffic congestion or unauthorised human action, including any errors or mistakes.

CHANGES AND TERMINATION

We may modify the website and these Terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these Terms. Your continued use of the website constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified, all changes to these Terms apply to all users. In addition, we may terminate our agreement with you under these Terms at any time by notifying you in writing (including by email) or without notice.

PERSONAL DATA

Any personal information you post or submit in connection with the purchase of products will be used in accordance with our Privacy Policy. Please see our Privacy Policy.

INTEGRATION CLAUSE

This agreement, together with the Privacy Policy and any other legal notices published by 8graphique, shall constitute the entire agreement between you and 8graphique and shall govern your use of the website.

DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to the breach, termination, enforcement, interpretation or validity of these Terms or your use of the website and purchase of the products shall be resolved by binding arbitration between you and 8graphique, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event a dispute arises in connection with the products offered through the website or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate the formal dispute procedure by sending us a communication through our contact information. 8graphique may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and purchase of products.

FINAL PROVISIONS

These conditions are governed by the laws of Australia. Use of our website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms.

Our compliance with these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website, your purchase of products on our website, or information provided to or collected by us in connection with your use of the website and purchase of products.

If any part of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way. Our failure to enforce or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision in the future.

Any rights not expressly granted herein are reserved.

CONTACT INFORMATION

If you have any questions or concerns about these Terms or the products, please contact us through our contact page or email us at hi@8graphique.com