Terms of Sale

Schmooks Pty Ltd ABN 31 629 613 369 offers a superbly crafted, and contemporary range of wall décor for children, including art prints, wall stickers and decals. 


The following Terms of Sale, together with our Privacy Policy, and Website Terms and Conditions of Use (and Disclaimer) apply to your access to and use of our online shop via our website.


By ordering products from our online shop, you acknowledge that you have read, understood and agree to be bound by these Online Shopping Terms and Conditions.




Terms and Conditions

PURCHASING OUR PRODUCTS

  1. You may buy products offered online by Schmooks by navigating the catalogue and shopping cart available on our website
  2. To purchase products via our website you must be at least 18 years of age
  3. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete

     

     

    PRICES

    1.  All prices are in Australian dollars.
      1. Prices include Australian Goods & Services Tax (GST).
        1. All prices include delivery charges and customs duty and other taxes, if applicable.
          1. All prices are subject to change without notice.

             

             

             SPECIAL OFFERS

            1. Schmooks may provide special offers from time to time. 
            2. At any time, we may terminate any special offer without advance notice. 
              1. If terminated, a special offer will continue to apply to products you ordered in good faith in accordance with these Terms before the special offer was terminated. 

                 

                 

                 PAYMENTS

                1. The full payment for your order (including the product price and applicable delivery charges) will be deducted from your chosen payment method on completion of your order. 
                2. We accept payment by Shopify, Afterpay, PayPal.
                3. We do not retain or store credit card details. 
                4. Your selected items will be posted within 7 business days of receiving cleared funds depending on whether it’s Domestic or International orders.

                   

                   

                   

                   Shipping and Delivery


                  1. It is your obligation to enter the correct address and delivery details at the time of ordering.
                  2. If your goods are returned because an incorrect address was provided you will be required to pay shipping costs to the correct address prior to the release of your item/s.
                  3. The majority of items will be posted within 7 business days of receiving cleared funds. 
                  4. If you make a purchase over the weekend or on a public holiday, we will receive your payment on the next business day and ship within 7 business days. 

                      STANDARD SHIPPING

                      1. There is a cost of $6.95 for orders Australia wide and delivery is between 5-7 business days.
                      2. All items have tracking. 

                        INTERNATIONAL SHIPPING

                        1. We offer tracked international shipping at the cost of $14.95 and delivery takes 7-15 business days. 

                         

                         


                        Product Usage - Your Responsibility



                        Detailed instructions will be provided to you with your purchase.

                        You understand agree 

                        1. You will follow the instructions provided on the wall stickers

                         

                        IMPORTANT NOTICE FOR THE SAFETY OF CHILDREN

                        1. The wall stickers are not a toy.
                        2. Do not attach the wall sticker above a cot within reach of any child.
                        3. Do not attach the wall sticker near a sleeping child.
                        4. Please ensure you do not stick any unattached parts of your wall sticker anywhere near where a young child could reach them and pull them off as this could present a choking hazard.
                        5. Due to all the variables of wall surfaces and various brand paints, wall stickers should not be installed within a distance in which the infant/children and/or occupy without continuous adult supervision. 
                        6. You are responsible for following these instructions to ensure the safety of your children at all times. 

                         

                        WALL PREPARATION

                        1. The walls must be cleaned and prepared correctly.
                        2. The wall stickers must only be applied to a clean wall otherwise the adhesive will attract any dust or dirt and will lose its stickiness. 
                        3. Failing to follow wall preparation instructions may result in the wall sticker pulling off the paint upon removal.

                          CLEANING PROTOCOL

                          1. You will not use Alcohol based cleaner to clean walls when using our wall stickers as alcohol may cause the coating to bubble. 
                          2. You will only apply a mild household soap and warm water on a soft towel using a dabbing motion to clean the wall if required.
                          3. You will always wait at least 30 days before installing wall stickers on freshly painted wall surfaces to allow paint gases to clear. 
                          4. The wall stickers will not stick to Teflon based paints and wash and wear paints.  They may also fail to stick to suede paints. 

                           

                           

                          Returns Policy  

                           

                          It is important to Schmooks that you are satisfied with your purchase of products.  The following conditions are strictly applied to all returns and requests for refund or exchange:

                          1. All return products for either refund or exchange as the case may be, must be in new and unused condition with the backing sheet in original placement and intact.
                            1. Proof must be provided that any suggested fault lies with the product and not due to incorrect wall preparation for wall stickers.
                            2. An email must be sent to info@schmooks.com.au notifying us of the return and the reason for returning.
                            3. All Returns shipping costs are to be paid by the customer (excl. damaged items or a mistake made by us).
                            4. All returns should be sent with tracking.




                          CHNAGE OF MIND
                           

                          1. At the discretion of Schmooks entirely we may offer a refund for change of mind within 7 days of purchase.
                          2. If you wish to return an item you are required to send your request for refund by email to info@schmooks.com.au
                          3. Item is to be posted back to: Schmooks Pty Ltd, PO Box 3163, Weston Creek, ACT 2611, Australia
                          4. The item must be in unused, with the backing sheet in original placement and intact and in original condition.
                          5. The customer is responsible for postage fees and charges for any returns for change of mind.
                          6. The customer is responsible for postage fees for any items subsequently purchased.
                          7. Once the product is received and a refund for change of mind approved, a refund, less shipping cost will be provided to the customer to their nominated bank account.  
                          8. Orders purchased with redeemable online gift vouchers will be refunded with a replacement voucher.

                             

                             

                              EXCHANGE

                              1. All exchange requests must be received within 14 days of your purchase. 
                              2. Items must be returned in a new, undamaged condition with the backing sheet in original placement and intact.
                              3. Please contact Schmooks info@schmooks.com.au with your exchange request and the following details:
                                  • Your name
                                  • Order number
                                  • Phone number
                                  • Email address
                                  • Postal address
                                  • We will be in touch within 24 hours of receipt of your email.



                                  ADDRESS FOR THE RETURN OF ITEMS
                                   

                                  1. Please seal and return your item using appropriate protective postage satchels and ensure you use the Australia Post trackable label and post the item to the address provided in your exchange confirmation email.
                                  2. Schmooks does not accept responsibility for items posted to us by you. 
                                  3. Please ensure all requested information is contained within the parcel so we can confirm the identity of the purchaser.
                                  4. Schmooks will replace the item after inspection and send another item in exchange, free of charge, however, the customer is responsible for postage or the exchanged item. 

                                   

                                   

                                    POSTAGE FEES RESPONSIBILITY AND REIMBURSEMENT

                                    1. Schmooks will reimburse you for the costs of return postage where an item is faulty, or there is an error on our side (e.g. incorrect order) using standard Australian Post service. 
                                    2. If you change your mind, you will be liable for return postage fees. 



                                      FAULTY OR DEFECTIVE ITEMS
                                       

                                      1. Schmooks reserves the right to inspect and assess the condition of returned merchandise prior to processing a refund or exchange.  
                                      2. We will happily provide a full refund and reimburse you for the cost of return shipping via standard Australia Post where the item is deemed to have a genuine manufactures fault or defect under the following conditions:
                                          1. You must notify Schmooks immediately upon noticing any defects or faults AND within 7 days of receiving the order and provide your name, order number and details of the defects or faults and a photo.
                                          2. Items, the subject of a refund request, once received by Schmooks, it will be examined for faults or defects and you will receive a notification from us about whether we agree that the items are faulty or defective within 48 hours of the receipt of items by us.
                                          3. If deemed faulty by Schmooks, a replacement item will be shipped where possible (subject to stock availability) or a refund will be issued.
                                          4. Returns will be processed within 10 business days from the day the return arrives at Schmooks Warehouse.



                                        REFUNDS
                                         

                                        1. When your return is received, examined and a refund is approved, an email will be sent to the customer confirming refund approval. 
                                        2. Please allow 3-5 working days for your refund to be examined and approved. 
                                        3. Please allow 1-7 days for your refund to appear in your nominated bank account.

                                           



                                          Liability Disclaimer  

                                           

                                           

                                          PRODUCT APPLICATION
                                           

                                          1. Schmooks takes no responsibility for any damage to walls – our decals/stickers are removable; however, we cannot guarantee they will not remove small spots of paint, and this is due to the actual wall surface, paint, age etc. 
                                          2. Schmooks takes no responsibility for any decals/stickers that have been applied to a surface not cleaned correctly or that has not been allowed to dry for long enough after cleaning or painting.
                                          3. New paints are regularly introduced to the consumer market and Schmooks takes no responsibility for any failure of products on walls that have not been tested by the manufacturers of decals/stickers offered for sale by Schmooks.  

                                               

                                              GENERAL
                                               

                                              1. Our products come with guarantees that cannot be excluded under the Australian Consumer Law. 
                                              2. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. 
                                              3. You are also entitled to have the products replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. 
                                              4. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
                                              5. To the extent legally permitted, under no circumstances are we to be held liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of products or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. 
                                              6. This exclusion and waiver of liability apply to all legal causes of action, including but not limited to contract, warranty, or negligence. 
                                              7. Where we refund you the amount of your order as provided in your agreement with us (less any amount you have agreed we may deduct, as described in these terms and conditions, you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.

                                                 

                                                 


                                                Copyright and Intellectual Property  


                                                 

                                                1. All material on this Site or otherwise delivered by Schmooks including (but not limited to) all designs and artwork, (Our Content), is subject to copyright. 
                                                2. Modification of our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited and may be the violation of the copyright of third parties.  
                                                3. You acknowledge that you do not acquire any ownership rights by using the Site or our content.   
                                                4. The artwork, designs, trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Schmooks and third parties from whom we have obtained appropriate permissions for use.
                                                5. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Schmooks, in any manner that is likely to cause confusion with customers, or in any manner that disparages Schmooks.
                                                6. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any trademark without our express written permission. 
                                                7. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Schmooks will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.  

                                                 

                                                 

                                                Excusing Events


                                                1. You acknowledge and agree that we are excused from supplying our products, services, and other obligations and will not be responsible for any delays where, and so long, as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. 
                                                2. We will endeavour to notify you of any delay and its expected duration. 
                                                3. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.


                                                   

                                                  Entire Agreement

                                                  1. These Terms together with the Website Terms and Conditions of Use (including Disclaimer) and Privacy Policy set out the entire agreement between you and us and supersede all prior communications.

                                                     

                                                     


                                                     Alterations

                                                    1. We may alter these Terms from time to time by posting the altered version on our website. 
                                                    2. You should visit the website regularly to keep up to date with any alterations.  
                                                    3. In the case of an alteration, the altered Terms only apply to products ordered via the website after the alteration takes effect.

                                                       

                                                       

                                                      Dispute Resolution   

                                                      1. Should a dispute arise between us, we strongly encourage you to contact Schmooks at info@schmooks.com.au to seek a resolution.  
                                                      2. Any reasonable requests will be considered and Schmooks will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.  



                                                         

                                                        Applicable Law

                                                        1. These Terms shall be construed in accordance with and governed by the laws of the State of the Australian Capital Territory, Australia. 
                                                        2. You consent to the exclusive jurisdiction of the courts in ACT to determine any matter or dispute which arises between you and Schmooks.

                                                           

                                                          By proceeding with your purchase, you are deemed to have read, understood and agreed to the terms of your purchase under this Agreement. 


                                                          Thank you,

                                                          Schmooks Pty Ltd