Terms of service

Terms of Service - Last updated: 13 December 2025

 

OVERVIEW

This website is operated by Flutterby Holdings Pty Ltd, trading as Flutterby Art Supplies (Flutterby Art). Throughout the Website and any related Websites and Social Media accounts (collectively “Site” or “Sites”), the terms “we”, “us” and “our” refers to Flutterby Art.  For the avoidance of doubt, Flutterby Art Supplies is also a reference to Flutterby Holdings Pty Ltd as its legal corporate entity.  For the purposes of these Terms and Conditions and other policies on this Site, when you visit us, use our services, or make a purchase from Flutterby Art Supplies or flutterbyart.com.au or otherwise communicate with us including through Social Media messaging services and comments, each of these shall be collectively referred to as, the “Services” or the “Service”).  Flutterby Art offers this Site, including all information, tools and Services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and elsewhere on our Site.

 

By visiting our Site and/ or purchasing anything from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein, referenced elsewhere on our Site and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before further accessing or using our Site. By continuing to access or use any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not continue to access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store, or any new Services offered by Flutterby Art shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. Supplemental terms and conditions that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.

 

For the purposes of these Terms of Service and other policies on this Site, a reference to Social Media includes, but is not limited to, a reference to Facebook, Instagram, Meta, X (formerly Twitter), Tik Tok, YouTube, LinkedIn, and other platforms commonly referred to as social media platforms.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your State or Territory of residence, or that you are the age of majority in your State or Territory of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms, trojans or viruses or any code, bot, program, data or communication of a destructive nature or intended to be destructive.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services and may result in legal action against you or a related party.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time, such reasons not requiring disclosure.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification to any products or Services or the Site, price change, suspension, or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

 

We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that the technology used to capture and store an image will provide an accurate representation for any colour or image, or that your computer monitor's display or mobile device display will be an accurate representation for any colour or image.

 

We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

Placement of an order through the Site, including through the Shopping Cart or through a messaging service or a verbal request, and payment for that order, through the Site or otherwise, shall be deemed to be an Order Request.  The process of checking out and/ or paying for products and Services using the Site does not constitute acceptance of your Order Request.  Acceptance of your Order Request is at the sole discretion of us, and we are not obligated to advise when an Order Request has been accepted.

 

An Order Request may be able to be amended, depending on the stage of processing.  Please contact services@flutterbyart.com.au to submit a request to have an order amended.  We cannot guarantee that we will be able to amend an Order Request as it will depend on a number of different factors.  If we can, we will.  Orders that are packed for shipping cannot be amended.

 

We reserve the right to refuse any order you place with us, including if an order has been paid for. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

 

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools.

 

Any use by you of the tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new Services and/or features through the Site (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content, accuracy or security and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties or whether these sites pose a security risk to you or your systems or data.

 

We are not liable for any harm or damages related to the visiting, purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites of links. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction and take appropriate steps to ensure your systems and data are adequately protected. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, either with or without a request from us, you send certain specific submissions (for example contest entries), creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Subject Matter”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any way any Subject Matter that you forward to us. We are and shall be under no obligation (1) to maintain any Subject Matter in confidence; (2) to pay compensation for any Subject Matter; or (3) to respond to any Subject Matter or, (4) unless required by law, acknowledge, or attribute the source of any Subject Matter.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, misleading, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that any Subject Matter will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that any Subject Matter will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus, malicious code or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Subject Matter. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any Subject Matter posted by you or any third-party.

 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Images, colours, sizes, and descriptions shown throughout our Site and in the Services are for illustrative purposes only — actual products may vary slightly including in appearance due to differences in materials, finishes, or screen display settings. While we take care to ensure all details are as accurate as is reasonable, you acknowledge errors and omissions excepted (E&OE).

 

Occasionally there may be information on our Site or in the Services that contains errors, typographical errors, inaccuracies or omissions that may relate to product descriptions, instructions, general narrative, product or Services representation, pricing, promotions, offers, product shipping charges, transit times, product or Service availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time, without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, territorial or state regulations, rules, laws, or local regulations; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet or collect information or mimic legitimate services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

The Site is not intended to be available, accessed or used by any person or entity in any jurisdiction or country where such availability, access or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Any persons or entities who choose to access the Site from such locations do so on their own initiative, without our permission, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

SECTION 13 - INTELLECTUAL PROPERTY

The Site and its entire contents, including but not limited to software source code, databases, text, images, graphics, photographs, uploaded files, layout design, functionality, tutorials, audio, videos, reviews, feedback, forum posts, (“Content”) logos and trademarks (“Marks”) are subject to intellectual property rights and remain the property of Flutterby Holdings Pty Ltd in some cases, and in some cases the third party owner of those rights including our software suppliers and product suppliers.  These rights are protected by copyright laws, trademark laws and other relevant intellectual property rights under Australian laws, international laws, and through international treaties.  Where these rights are owned by a third party, that third party has provided permission to us to use the content.  This permission does not extend to you without the express written permission of the intellectual property owner.

 Flutterby Holdings Pty Ltd retains all its rights, title and interest in and to the Site and all related content.  Rights do not transfer to you through using this Site, trading with us or dealing with our Site or us in any other way.

The Content and the Marks are provided on the Site “as is” for your information and personal use only.

You may download, save and print portions of the Content for the purposes of making an enquiry of us, placing an order with us or for your own personal, non-commercial use, subject to the restrictions set out in these Terms of Service.  You may add content to the Site where expressly authorised to do so in areas such as comments, feedback, reviews, queries, and areas required to place and fulfill an order, but your content may not alter existing Content on the Site, unless that content was added by you.  All content added must strictly comply with these Terms of Service.

You must not: a) republish Content from the Site without our specific written consent, such consent to be limited to that specific Content; b) republish Content on another website, c) pass any of the Content off as your own, owned by you or licensed to you, d) publish, reproduce, duplicate, imitate, copy or otherwise exploit the Content for a commercial purpose, e) sell, rent, lease or sub-license Content from the Site, f) redistribute any Content from this Site unless that Content has been expressly published and identified as being made available for redistribution, g) alter, edit, delete or otherwise modify any Content on the Site unless that content was added by you in accordance with these Terms of Service

 All other use of the Content is strictly prohibited unless expressly authorised in writing by Flutterby Holdings Pty Ltd.

All logos, trademarks, brands, and product names are property of their respective owners. All company, product and service names used in this Site are for identification purposes only and such usage does not claim or confer rights.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

 

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Flutterby Holdings Pty Ltd, Flutterby Art, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Flutterby Holdings Pty Ltd and its holding company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or the other Policies they incorporate by reference ,or your violation of any law or the rights of a third-party.

 

SECTION 16 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 17 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site on a permanent basis.

 

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly we may deny you access to our Services (or any part thereof).

 

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, and, where applicable, Australia.

 

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at services@flutterbyart.com.au.

 

Our contact information is posted below:

 

Flutterby Holdings Pty Ltd

ACN : 677 633 528

PO Box 1176

MITCHAM  VIC  3132

AUSTRALIA

services@flutterbyart.com.au