Terms & Conditions
PART I - MERCHANDISE
The creator allows the business to create ‘merchandise’ on behalf of the creator, using the creator’s media and materials (whether provided directly or sourced from the available media disseminated by the creator), and to offer this merchandise for sale through media as chosen by the business. Materials, manufacturing, warehousing, and distribution will be selected by the business on behalf of the creator.
PART II – EXCLUSIVITY
This agreement does not create any relationship between the creator and the business.
PART III – LENGTH OF TERM
The length of term of this agreement is subject to the subscription purchased by the creator.
PART IV – RIGHTS TO USE
i) By entering into this agreement, the creator authorizes Faux Hause, without restriction, to obtain and redistribute any media created or distributed by the creator prior to entering this agreement and during the term of this agreement. This does not apply to materials owned by a third party, and that the creator does not otherwise own the rights to use.
ii) By entering into this agreement, the creator agrees to allow Faux Hause to redistribute media without attribution
iii) By entering into this agreement, the creator agrees to allow Faux Hause to redistribute media through any medium or platform as chosen by Faux Hause without notice
PART V – FORCE MAJEUR
Neither Party shall be liable for any failure to perform under this agreement when such failure is due to causes beyond that Party’s reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy. In the event of such delay the date of delivery or time for completion will be extended by a period of time reasonably necessary by both Faux Hause and if the delay remains in effect for a period in excess of thirty days, the creator may terminate this agreement immediately upon written notice to Faux Hause.
PART VI – GOVERNING LAW
The Parties shall make a good-faith effort to amicably settle by mutual agreement any dispute that may arise between them under this Contract. The foregoing requirement will not preclude either Party from seeking injunctive relief as it deems necessary to protect its own interests. This Contract will be construed and enforced in accordance with the laws of Australia, excluding its choice of law rules.
PART VII – LIMITATION OF LIABILITY
i) Except as set forth in this section below, in no event will either party be liable for any special, indirect, incidental, or consequential damages nor for loss of data, profits or revenue, cost of capital or downtime costs, nor for any exemplary or punitive damages, arising from any claim or action, incidental or collateral to, or directly or indirectly related to or in any way connected with, the subject matter of the agreement, whether such damages are based on contract, tort, statute, implied duties or obligations, or other legal theory, even if advised of the possibility of such damages.
ii) Notwithstanding the foregoing, any purported limitation or waiver of liability shall not apply to creator’s obligation under the indemnification or confidential information sections of this agreement or either party’s liability to the other for personal injury, death or physical damage to property claims.
PART VIII – ACCEPTANCE
Both parties reserve the rights to reject any order or business requests upon receiving them. Once accepted, a separate agreement is entered into and rejection or cancelation thereafter will be subject to that agreement.
SECTION IX – CREATOR PROFIT SHARE
Under this agreement, the creator shall be entitled to a share of the profit of sales equal to 80%, with 20% being retained by the business. In the event that the financial figure requires rounding, the figure will be rounded in accordance with standard practices. Payments to the creator shall be made through PayPal, to the creator’s chosen PayPal account from the business’ chosen PayPal account, unless otherwise agreed. Payments shall be paid at the end of each month, within 72 hours; excluding weekends and public holidays. Profits are the residual of a transaction once cost of goods, labor, taxes, and miscellaneous costs involved with production are subtracted from the transaction value.
Our Return Policy
HOW IT WORKS
Any claims for misprinted/damaged/defective items must be submitted within 4 weeks after the product has been received. For packages lost in transit, all claims must be submitted no later than 4 weeks after the estimated delivery date. Claims deemed an error on our part are covered at our expense.
When we receive a returned shipment, an automated email notification will be sent to you. Unclaimed returns get donated to charity after 4 weeks.
Wrong Address - If you or your end customer provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).
Unclaimed - Shipments that go unclaimed are returned to our facility and you will be liable for the cost of a reshipment to yourself or your end customer (if and as applicable).
Faux Hause does not accept returns of sealed goods, such as but not limited to face masks, which are not suitable for return due to health or hygiene reasons. You hereby agree that any returned orders with face masks won’t be available for reshipping and will be disposed of.
Returned by Customer - It is best to advise your end customers to contact you before returning any products. We do not refund orders for buyer’s remorse. Returns for products, face masks, as well as size exchanges are to be offered at your expense and discretion. If you choose to accept returns or offer size exchanges to your end customers, you would need to place a new order at your expense for a face mask or a product in another size.
Notification for EU consumers: According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:
1. the supply of goods that are made to the consumer's specifications or are clearly personalized;
2. sealed goods which were unsealed after delivery and thus aren't suitable for return due to health protection or hygiene reasons, therefore Faux Hause reserves rights to refuse returns at its sole discretion. This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.
i) Website and web-store developed by Faux Hause on behalf of the creator shall remain the property of Faux Hause
ii) Web-address acquired for the website and web-store shall remain the property of Faux Hause
iii) Faux Hause makes no guarantee that the web-address desired by the creator will be available
iv) The absence of a desired web-address shall not constitute cause to cancel this agreement
v) Website and web-store developed by Faux Hause shall constitute at most two ‘pages’, unless otherwise agreed, and will constitute a Store Front listing the available products, and a Contact Page
vi) Payments made through the Store Front will be taken through Faux Hause accounts, unless otherwise agreed
vii) Contact page will reach Faux Hause, unless otherwise agreed. This is to facilitate the ordering process.
i) Refunds are not provided for change of mind
ii) In the event of an accidental purchase, a request for refund must be provided within 48 hours, in writing, to Contact@FauxHause.com
i) Cancellations may be requested at any time in writing to Contact@FauxHause.com
ii) A request for cancellation does not cancel any existing agreements between Faux Hause and the creator.
iii) In the event of a successful cancelation request, the agreement between Faux Hause and the Creator shall not renew beyond the term of the existing agreement. This does not terminate the existing agreement.
DEFINITIONS & INCLUSIONS
For the purposes of this section, the ‘client’ refers to the individual or business entering into the agreement with FAUX HAUSE.
II) Personal Web-store:
The ‘Personal Web Store’, or PWS, is a web based sales platform that facilitates the display of products, as well as facilitating the purchase of those products. The PWS developed by FAUX HAUSE for the client will be hosted either through FAUX HAUSE directly or though a FAUX HAUSE partner hosting service. The PWS facilitates purchases, and allows for purchases though both PAYPAL and through most Credit and Debit cards. Orders are not accepted through UN, US, and AU sanctioned countries. Orders are not accepted if the point of origin, or shipping destination, are to the People’s Republic of China or Hong Kong. The PWS, associated software, and associated assets remain the property of FAUX HAUSE and relevant partners.
III) Unique Web Address:
A unique web address shall be acquired for the Personal Web Store. Web addresses are subject to availability and suitability for use with the PWS. Web addresses remain the property of FAUX HAUSE unless otherwise specified.
IV) Up to 30 initial product listings
A product is defined as a single design of merchandise, regardless of size or colour variation. These products are developed by FAUX HAUSE using materials, such as images, provided by the client. A total of thirty (30) of these may be created during the first month of the agreement. Each product listing may include:
Up to 15 images (site maximum storage set at 20 gigabytes)
Product description (up to 50 words)
V) Up to 10 new product listings every month
FAUX HAUSE will assist the client with creating up to 10 new product listings every month, unless otherwise agreed with the client. Should the client require more listings, the client is advised to speak with FAUX HAUSE. Product listings follow the same guidelines as item IV.
Product listings are not limited by FAUX HAUSE, however due to labor requirements if the client should require more than 10 products, the client should discuss this need with FAUX HAUSE.
VI) Merchandise Design
FAUX HAUSE will work with the client to design the merchandise to be sold in PWS. These designs will use the client’s existing materials using the available merchandise selections. Subject to negotiation, further merchandise options may be created to suit the client’s unique needs.
VII) Merchandise logistics management
On behalf of the client, FAUX HAUSE will manage the following:
Initial order processing
Payment processing (through third parties)
Fulfilment of order, including the manufacturing, shipping, and reverse logistics
Act as a temporary liaison between the client’s customer and the client for the purposes of the order
VIII) Merchandise Distribution
Subject to the needs of the client, FAUX HAUSE will manage the distribution process, including postage, of the client’s products to their customers or to a location of the client’s choosing. Please note that FAUX HAUSE does not ship to the People’s Republic of China nor Hong Kong. FAUX HAUSE recognizes the sovereign nation of Taiwan and will ship goods to Taiwan.
Subscriptions are offered in multiple variants. Please see the listed variations for the commitment term. The flexible commitment terms have a minimum commitment time of Thirty (30) days from the time of entering the agreement.
X) Product listing on FAUXHAUSE.com
The client’s products, unless otherwise requested, may be listed on the FAUX HAUSE store, available at https://www.fauxhause.com/. Product listings on FAUX HAUSE store are subject to availability.