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Terms of Service

This page outlines the Terms of Service of access to and use of the Site and the purchase of goods and services over the Site.

  1. Acknowledgment and Acceptance of Terms of Service
    1. This website https://www.faber-castell.com.au/ A.W Faber-Castell (Aust) Pty Ltd, ABN 40 000 512 130 (“Faber-Castell”). In these Terms of Services, the expressions, “we”, “us” and “our” are a reference to Faber-Castell.
    2. Your access to and use of the Site (collectively, your “Access”) is conditional on your acceptance and compliance with (1) these terms and conditions (“Terms of Service”); (2) our Data Protection Declaration, found at https://www.faber-castell.com.au/legal/data-privacy (“Data Declaration”); and (3) any notices and disclaimers contained on this Site (“Notices and Disclaimers”). We reserve the right to revise, amend and update the Terms of Service, Data Declaration and Notice and Disclaimers at any time without notification effective on the date of posting to the Site of the new and amended provisions.
    3. By your Access to the Site, you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
  2. Access to the Site
    1. You may view the Site using your web browser and save an electronic copy, or print out a copy of excerpts of this Site solely for your own personal use, information, research or study, but only if you keep all Content (defined below) intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).
    2. You must not access or use the Site or the Content in any manner or for any purpose which:
      1. is illegal or prohibited by any laws that apply to you;
      2. violates our rights in any way; or
      3. is prohibited by the Terms of Service.
    3. You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your Access.
    4. You must not use the Content for commercial purposes without first obtaining our express written authority.
  3. Ownership of Content on the Site
    1. Unless specified otherwise, all content on the Site, including without limitation:
      1. the registered and unregistered trade marks, service marks and logos contained therein;
      2. software, source code, scripts, imagery, graphics, photos, sounds, music, videos, and any other intellectual property;
      (collectively, the “Content”), are owned by or licensed to Faber-Castell, and are subject to copyright and other intellectual property rights under the law.
    2. Content is provided to you as is for your information and personal use and you must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these Terms of Service or with our express prior written consent.
  4. Disclaimer and Limitation of Liability
    1. You agree that your Access to the Site and Faber-Castell products and services shall be at your sole risk. To the fullest extent permitted by law, Faber-Castell, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof or your use of any Faber-Castell products and services. To the fullest extent permitted by law, we do not make any warranties or representations about the accuracy, adequacy or completeness of the information and we do not accept any responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in this Site. We do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free or free of viruses. The Content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness. Accordingly, we are not liable for any loss suffered as a result of any such viruses or defects.
    2. To the extent permitted by law, Faber-Castell, its directors, officers, agents or employees will not be liable to you for any direct, indirect, incidental, special, punitive, or consequential loss or damages whatsoever arising (whether in negligence or otherwise), in connection with:
      1. your Access to the Site and the Content;
      2. any errors or any omissions from the Content including typographical or photographical errors;
      3. any technical malfunction, error, virus, delay or interference on the Site; or
      4. a failure or omission on the part of Faber-Castell to comply with its obligations under these Terms of Service.
    3. To the extent permitted by law, Faber-Castell excludes all warranties implied under statute. Subject to law, Faber-Castell’s liability in connection with the provision of any products or services whether arising in contract, tort, negligence, breach of statutory duty or otherwise will be limited to:
      1. the replacement of the products or the supply of equivalent products;
      2. the repair of the products;
      3. the payment of the cost of replacing the products or of acquiring equivalent products;
      4. the payment of the cost of having the products repaired;
      5. the re-supply of the services; or
      6. the payment of the costs of having the services provided again, the amount of which must not exceed the initial cost of the services.
  5. Indemnity
    1. To the extent permitted by law, you agree to defend, indemnify and hold harmless Faber-Castell, our directors, officers, agents and employees against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
      1. any breach by you of the Terms of Service;
      2. reliance by you on any information obtained through the Site;
      3. your Access to the Site and Faber-Castell products and services; or
      4. your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right.
      This defence and indemnification obligation will survive these Terms of Service and your Access to the Site.
  6. Order & Payment Terms
    1. Online payments are made via Shopify payments, credit/debit card, direct deposit and/or Paypal.
    2. All prices on the Site are in Australian dollars and are inclusive of GST, unless otherwise stated.
    3. Orders will not be despatched until funds have cleared into our account.
    4. All products advertised on the Site are subject to availability.
    5. The price payable for any products or services is the price specified on the Site at the time of placing the order. Prices displayed are subject to change at any time.
    6. Any order placed on the Site is an offer by you to purchase a particular product for the price specified at the time you place your order. You acknowledge by placing an order, you are agreeing to pay for and accept delivery of the product(s) ordered.
    7. At the completion of the ordering process there will be a confirmation page showing the details of your order which you can print for your records. You will also receive an email confirming the details of the products you have ordered. This email will only be an acknowledgement and will not constitute acceptance of your order.
  7. Personalised Products
    1. This Site allows you to create personalised products by choosing a name and coloured label that will be applied to your pencil tin.
    2. Any personalised content you provide must be lawful, appropriate and in good taste. Without limitation, you agree that you will not use the Site or any products purchased through the Site to:
      1. bully, intimidate, harass, mislead or deceive any person;
      2. impersonate any other person or entity or to use a false name or a name that you are not authorised to use;
      3. publish and/or send personalised content that is unlawful, defamatory, threatening, malicious, hate speech, pornographic, violent or offensive;
      4. infringe or violate the rights of any third party including copyright, trade mark rights, the right of publicity or privacy;
      5. conduct any form of ambush marketing, or to claim any form of association with Faber-Castell or its brands and products; or
      6. do anything to damage or harm the brands, products or reputation of Faber-Castell.
    3. If we consider that your personalised content is not lawful, appropriate or in good taste, we reserve the right not to personalise products as ordered. In such case, we will notify you of our decision via email and provide a full refund for the personalised products that you have ordered, but which we will not produce.
    4. We are not responsible for reviewing your personalised content before your order is produced and/or dispatched and we are not liable for any incorrect personalised content provided by you. Any incorrect personalised content will not be eligible for a refund. You will be required to indicate that all content is correct and accurate prior to finalising your order (via a tick box).
    5. You are responsible for any copyright or other intellectual property infringement or unlawful conduct by you, and you indemnify us for any claims made against us in relation to any personalised content you request. We will not be responsible for any copyright or other intellectual property infringement or unlawful conduct by you.
  8. Delivery
    1. All orders are sent out by courier, we typically use Australia Post but may also use other providers from time to time. The postage and packaging costs are as provided on the checkout page of the Site. We are not liable for any orders that go missing due to incorrect delivery information provided by you.
    2. International customers will be liable for any customs charges, duties, or tariffs for their destination country. International customers order at their own risk.
    3. Risk of loss and title for the product(s) pass to you upon dispatch from our warehouse to the delivery carrier.
    4. Faber-Castell is not responsible for any delay in delivery of any products caused by, or in any way connected with, any other cause beyond the reasonable control of Faber-Castell (including but not limited to shortfall of supplies, strikes, industrial disputes).
  9. Returns
    1. You should inspect the product(s) immediately upon receipt at your nominated delivery address and you must notify Faber-Castell within five (5) working days of delivery of any shortfall, damage or incorrect orders.
    2. If a product received by you is damaged or faulty, promptly contact us by calling 1800 677 885 or emailing CustomerService@faber-castell.com.au to organise a refund (and provide details on the fault or damage, with photograph(s) to show the fault or damage and your contact details). Nothing in these Terms and Conditions reduces or limits your rights under the Australian Consumer Law. A refund will not be provided by Faber-Castell if the fault or damage to the product has been caused by accident or by misuse by either you or a third party or if the product has been modified or tampered with in any way by you or a third party.
    3. Faber-Castell does not replace or refund for products as a result of a change of mind, so please choose carefully.
    4. You acknowledge that, despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to typographical error or like oversight. In these circumstances, we reserve the right to cancel the order, notwithstanding that your order has been confirmed and your credit card has been charged. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will issue a credit to your credit card account for the amount in question.
  10. Termination
    1. We may terminate access to this Site at any time without notice. The Terms of Service will nevertheless survive any such termination.
  11. Governing Law
    1. These Terms of Service are governed by the laws in force in the State of New South Wales, Australia. By your Access of the Site, you agree to submit to the exclusive jurisdiction of the courts of New South Wales.
  12. Linking to the Site
    1. No linking is permitted to the Site unless it is the subject of a separate specific written agreement between you and us.
  13. Advertising and Links to Other Sites
    1. The Site may contain links to third party sites (“Linked Sites”). Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (“Subsequent Site”). We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us or by our directors, officers, agents, employees and contractors. Your use of any Linked Site or Subsequent Site is at your own risk and subject to these third party sites’ terms of use.
    2. To the extent permitted by law, Faber-Castell, our directors, officers, agents, employees and contractors do not give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites, nor do we accept any responsibility arising in any way (including negligence) for errors in, or omissions from any Linked Sites or Subsequent Sites.
  14. General
    1. We do not accept any liability for any failure to comply with the Terms of Service where the failure is due to circumstances beyond our reasonable control. 
    2. If we waive any rights available to us under these Terms of Service on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
    3. If any of the Terms of Service are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
    4. These Terms of Service, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Faber-Castell for reasonable business purposes without restriction.
    5. We reserve the right to amend these Terms of Service at any time without notice, and it is your responsibility to review these Terms of Service for any changes. Your Access to the Site or our products or services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
  15. Privacy
    1. For information about how we handle personal information, please refer to our Data Declaration at https://www.faber-castell.com.au/legal/data-privacy