Thank you for making a purchase with Not Stationary. These Terms and Conditions govern your purchase.

1.     Purchase Services

1.1.  The website www.notstationary.com (Website) is operated by Kapow Enterprises Pty Ltd ATF The Martin Taupau Family Trust (abn: 83636097480) t/a Not Stationary (Not Stationary). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Not Stationary.

1.2.  The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Product or Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).

2.     Personal Information

2.1. When purchasing a Product, you will be required to provide personal information such as your name, address and e-mail address.

2.2. You agree that all details that you have provided in completing the purchase are true and correct.

2.3. Your personal information is kept in accordance with the Not Stationary Privacy Policy (Privacy Policy) which can be accessed on the Website.

3. Purchase of Products

3.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).

3.2. Payment of the Purchase Price may be made through the payment options provided through the available payment provider or providers (Payment Gateway Providers).

3.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.

3.4. Following payment of the Purchase Price being confirmed by Not Stationary, you will be issued with a receipt to confirm that the payment has been received, and Not Stationary may record your purchase details for future use.

3.5. Not Stationary reserves the right to accept or reject your order for any reason, including if the requested Product is not available.

3.6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

4.     Use of Products

4.1. By purchasing a Product from Not Stationary, you agree to carefully read and follow any instructions of use included with each product. 

4.2. If you gift a Product, you will ensure that the recipient of the gift receives the instructions for use included with each Product, where applicable.  

5.     Refunds and Returns

5.1. Not Stationary wants you to be satisfied with your Product. If you have any issues with  Not Stationary Products, please e-mail info@notstationary.com.

5.2. Not Stationary does not provide refunds for change of mind.

5.3. If you have received the incorrect Product or your Product is faulty or damaged,  Not Stationary will provide a refund on the return of the Product. To request a refund and organise a return for this reason please e-mail hello@notstationary.comand provide your proof of purchase and photographs of the Product you have received within 5 business days of receipt. The returned Product must be returned to Not Stationary unopened, and its original saleable condition. 

5.4. If your Product is returned to Not Stationary without the original packaging or is deemed unfit by Not Stationary’s inspection team for any reason, Not Stationary reserves the right to deny your refund request, and this decision will be made at the discretion of Not Stationary.

5.5.  Please include your order name and order number in all correspondence to Not Stationary. 

5.6. Upon receipt of the Product from you, Not Stationary will notify you once the Product has been inspected and will advise you if the refund request has been approved. If the refund request is approved, you will be refunded for the Purchase Price via the original payment method. Please be mindful that it can take some time for your bank or credit card company to process the refund.

5.7. If you make a refund request and arrange to return the Product to Not Stationary, you will be responsible for all return shipping and delivery fees.

5.8.  Not Stationary will not accept returns or refund requests for Products that are damaged from misuse.

5.9. Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers. 

5.10. In the following situations, no refund or return will be available:

(a) Denied acceptance of delivery by receiver; 

(b) Inaccurate delivery address; 

(c) Absent receiver -  If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to  Not Stationary for a return fee charged to the initial payment method. 

6. Cancellations

6.1.  Once payment for an order has been accepted, no cancellations are permitted.

6.2. Where a Product has been listed at an incorrect price or has incorrect written information or images,  Not Stationary reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase. 

7.     Shipping and Product Delivery

7.1. All shipping and delivery dates are estimates, and any delivery date provided to you by Not Stationary is not guaranteed. In addition, weather delays and other unforeseen circumstances may impact delivery time. Not Stationary will strive to meet the requirements of your anticipated delivery date. However, Not Stationary will not be liable for any losses you suffer due to a delay.

7.2. You acknowledge that the Purchase Services offered by Not Stationary integrate delivery (Delivery Services) through the use of third-party delivery companies (Delivery Service Providers).

7.3. In providing the Purchase Services, Not Stationary may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Not Stationary is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

7.4. Not Stationary currently ships domestically across Australia and to limited locations internationally, by the relevant Delivery Service Providers. If permitted by the Delivery Service Providers, Not Stationary can ship to both commercial and domestic addresses and you can have your order shipped to a P.O box.

7.5. If an item is lost or damaged in the course of the Delivery Services, Not Stationary asks that you:

(a)  Contact the Delivery Service Provider directly to request a refund; and

(b) Contact Not Stationary by sending an email to hello@notstationary.com outlining in what way the Products were damaged in transit so it is able to determine if the Delivery Service Provider should be removed from the Purchase Services.

8. Warranty

8.1. Warranty on Planners

(a) Not Stationary wants you to be satisfied with your planner (Planner) and therefore provides peace of mind through a 1 year limited warranty.

(b) You may make a claim under this clause (Warranty Claim) for material defects and workmanship in the Planner within 1 year from the date of purchase (Warranty Period).

(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Not Stationary showing the date of purchase of the Planner, provide a description of the Planner and the price paid for the Planner by sending written notice to Not Stationary by email at info@notstationarylifestyle.com.au.

(d) Where the Warranty Claim is accepted then Not Stationary will, at its sole discretion, either repair or replace any defective Planner or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

(e) The Warranty shall be the sole and exclusive warranty granted by Not Stationary and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Planner to which this warranty relates.

(f) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

(g) The Warranty does not apply to any appearance of the supplied Planner nor to any supplied Planner where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified.

(h) We recommend avoiding exposure of the Planner to harsh conditions such as placing the Planner in direct sunlight which could result in damage. Planners should be cleaned by gently wiping with a damp cloth.

8.2. Warranty under Australian Consumer Law

(a) Not Stationary’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Consumer Law Warranty). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose. 

(b) If you have received a Product that you believe is faulty or defective, please contact hello@notstationary.com with photographic proof. 

9. Mailing List

9.1. You may be given the option to register for the Not Stationary Mailing List (Mailing List).

9.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a)       Email address

(b)       Name

9.3.  By subscribing to the Mailing List, or purchasing a Product from Not Stationary, you agree to receive promotional material, updates and other content from Not Stationary. You may unsubscribe from the Mailing List at any time.

10.  Privacy

Not Stationary takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Not Stationary’s Privacy Policy.

11.  Force Majeure

11.1. If circumstances beyond Not Stationary’s control prevent or hinder its provision of the Products, Not Stationary is free from any obligation to provide the Products or fulfil your order while those circumstances continue. Not Stationary may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.

11.2. Circumstances beyond Not Stationary’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, a pandemic, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

12.  Indemnity

12.1. You agree to indemnify Not Stationary, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(c) any breach of the Terms.

13.  Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

14.  Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

16.  Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.