Terms and Conditions

TERMS AND CONDITIONS

Terms & Conditions

Metal Dust Studio and all variations of the name are all trading names and registered trademarks of Metal Dust Studio.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

This website is operated by Metal Dust Studio.

By accessing or using Metal Dust Studio websites or services, or the mobile versions of either, (collectively the “Website”) you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”) and any other applicable law, whether or not you are a registered customer of Metal Dust Studio. Metal Dust Studio may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

Ownership and Operation

Metal Dust Studio is operated John Pampoukidis. Metal Dust Studio incorporated in Australia, ABN 2582617060.

Registration

In return for permitting you to use any of the Metal Dust Studio websites and benefiting from our services, you agree that any information you provide to us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied, any contractual obligation Metal Dust Studio has is immediately null and void.

Conditions of Registration

By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or legal guardian. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents before they complete the registration process.

Copyright

You acknowledge and agree that all content included on this website including, but not limited to, website design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof shall remain at all times vested in Metal Dust Studio or its content suppliers and is protected by Australian and international copyright laws. You are permitted to use this material only as expressly authorised by the applicable rights holder. Subject to the foregoing, the page headers, custom graphics and button icons are (unless indicated otherwise) service marks, trademarks, and/or trade dress of Metal Dust Studio.

Notification of Copyright Infringement

Metal Dust Studio will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Legal Department with a notice (“Notice”) containing the following elements.

A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
A description of the copyrighted work or works that you claim have been infringed and which you request to be removed from the site;
A description of the location of the material that you claim is being infringed;
Information sufficient to permit Metal Dust Studio to contact you, such as your physical address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law;
A statement by you that the information in your Notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.
Trademarks

You acknowledge and agree that trade marks included on this website shall remain at all times vested in, Metal Dust Studio or any third party licensing use thereof to Metal Dust Studio (as applicable). You further undertake not to use any such trade marks without the prior written consent of Metal Dust Studio, Metal Dust Studio Trademarks or Third Party Trademarks without the prior written consent of Metal Dust Studio or such third parties as own the applicable trade mark. The Metal Dust Studio logo is an official trade mark of Metal Dust Studio and is the subject of extensive trade mark registration worldwide.

Content Supplied by Users
If you send communications or materials to this website by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including without limitation moral rights, proprietary rights or any other right, including the right to approve the way in which Metal Dust Studio uses such material.

Any material submitted to this website, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by Metal Dust Studio anywhere in the world, in any medium, in perpetuity.

Please note that this provision does not relate to any personal data that you submit which will be dealt with in accordance with the provisions of Metal Dust Studio ‘Privacy Policy’ which is part of these Terms and Conditions.

Amending the Terms And Conditions of Use

Metal Dust Studio reserve the right to add to, amend, change or remove any part of these Terms and Conditions at any time. When material changes are made to the Terms and Conditions. By continuing to use this website after the publication of such changes, you are indicating your acceptance of those changes. Metal Dust Studio may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.

Privacy

Metal Dust Studio treats customer privacy extremely seriously. Our Privacy Policy provides details about the type of information we may collect from you and details of how we may use this information. You are asked to read our Privacy Policy, which forms a part of these Terms and Conditions and sets out the way in which your personal data is handled by Metal Dust Studio.

Site Usage

You agree that you will only use our website in a way which is consistent with the Terms and Conditions and which complies with applicable laws and regulations. In particular you agree that you will not use this website to upload or send any material which contains software viruses or other codes, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this website. You acknowledge that this website and any goods that you obtain from our website are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.

Images

The majority of the product images displayed on Metal Dust Studio websites and in advertisements and catalogues have been created by our own photographers, as products are handmade the image may display the sample, the final released product may have slight differences in terms of colour or pattern.

Disclaimer: Whilst every effort is made to ensure product images and descriptions are correct when submitted on Metal Dust Studio websites we will not be held responsible for any imperfections or variations of handmade products.

Purchasing Goods

Metal Dust Studio reserves the right to decline orders for bulk or high value purchases and to change price and availability information without notice.

Product Orders

All orders placed through the Website are subject to Metal Dust Studio acceptance. This means that Metal Dust Studio may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Metal Dust Studio will issue you a refund.

Availability

Metal Dust Studio will endeavour to display availability as accurately as possible.

If we are unable to supply the goods requested we will aim to assist you in finding a suitable alternative upon which you are happy with, however Metal Dust Studio will not be bound to offer alternatives to a greater value than the item originally chosen, and a difference may be required to be paid.

If you do not wish for an alternative product we will cancel any pending transaction immediately, please be aware that funds may take several days to reallocate in your account.

In the event that we do not receive all of an order from a supplier Pre-orders will be fore filled in chronological order, we will contact any customers whom have missed out with either alternatives or refunds as mentioned above.

Pre-Order dates are provisional and although we do receive most stock on time we cannot be held responsible for any costs incurred for your time, or services you’ve paid for if there are delays or non supply of product.

Cancellation

In accordance with ACCC regulations you have 48 hours from the hour after you receive your order to cancel your order with us.

If you wish to do this we require notification in writing via email at metalduststudio@gmail.com

Orders for personalised items may not be cancelled if the personalisation process has been started, we therefore advise that you contact us very promptly after placing your order if you wish to cancel. If personalisation hasn’t been started then there is no problem cancelling.

Mobile Services

The Website may contain services and features that are available to certain mobile phones. Your carrier’s normal rates and fees apply.

Indemnification

You agree to indemnify, defend, and hold harmless Metal Dust Studio, its officers, directors, employees, agents, licensor’s and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of any third party.

Liability

Metal Dust Studio will endeavour to ensure that this website is fully operational at all times. However we cannot guarantee that the website will be fault free. In particular, access to this website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.

Further, by using this website and any sub-site, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of Metal Dust Studio and if Metal Dust Studio is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a ‘force majeure’ and Metal Dust Studio shall be excused the performance for so long as such a situation endures.

For the purposes of these Terms and Conditions, the term ‘force majeure’ shall be deemed to include any cause affecting the performance by Metal Dust Studio of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of Metal Dust Studio and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.

Metal Dust Studio reserves its right to restrict, suspend or terminate your use of this website or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and Conditions.

You agree to indemnify, defend and hold Metal Dust Studio, all of their associate companies, their directors, employees, information providers, licensor’s and licensees, officers and partners, (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You will co-operate as fully as reasonably required by Metal Dust Studio as the case may be, in defence of any claim. Metal Dust Studio reserves the right, at their own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of Metal Dust Studio.

Alterations we may amend this website and our services in any way and at any time with or without notice to you.

Complaints and Comments

If you have any complaints or comments about our website or any of the products supplied to you, please contact Metal Dust Studio by emailing metalduststudio@gmail.com.
Miscellaneous

The Terms and Conditions together with our Privacy Policy contain the full and complete understanding between Metal Dust Studio and you. No advice or information, whether oral or written, obtained by you through or from the website or from any conversations with our staff will operate to vary these terms and conditions.

The Terms and Conditions together with our Privacy Policy and all contracts made under them shall ensure for the benefit of any successors and assignees of Metal Dust Studio.

Website Use Restrictions

You may use the Content only for your own non-commercial use to participate in the Website or to place an order or purchase products from Metal Dust Studio. Any other use is prohibited unless agreed to by Metal Dust Studio in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website, including User Generated Content, without the prior written consent of Metal Dust Studio, unless it is your own User Generated Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Limitation of Liability

To the fullest extent permitted by applicable laws, none of Metal Dust Studio nor any of their respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if Metal Dust Studio have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall Metal Dust Studio total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.

Governing Law

These Terms and Conditions and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of Australia whose courts shall be courts of exclusive competent jurisdiction. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this website from locations outside Australia do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under Australian law.

Termination

Metal Dust Studio reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. Metal Dust Studio also reserves the right to block users from certain IP addresses and prevent access to the Website. You may terminate your account at any time by clicking the “deactivate account” button in the Account Settings. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Website, or on other social platforms (e.g., Facebook and Twitter), may continue to appear on the Website or on other social platforms even after your User Generated Content is removed or terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

Force Majeure

Metal Dust Studio shall not be liable for any failure to perform its obligations where such failure is a result of acts of Nature (including fire, flood, earthquake).