Returns and Refunds Policy
At Born at Night Creations, we offer digital pattern files for download. Due to the nature of digital products, all sales are final, and we do not accept returns, exchanges, or cancellations once the files have been delivered.
We recommend reviewing all product details and preview images carefully before purchasing. If you have any questions, please don’t hesitate to contact us before placing your order.
If you experience a technical issue with your download or believe your file is damaged or incomplete, please reach out to us at hello@bornatnightcreations.com.au, and we’ll be happy to assist.
This policy is in accordance with Australian Consumer Law, which allows for refunds on faulty or misrepresented digital products but not for change-of-mind purchases.
CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site. If at any time you choose not to accept these Terms, you should not access our Site.
Your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
INTELLECTUAL PROPERTY
Our Site contains intellectual property owned by us, and/or by third parties that license the content to us (“Third Party Licensed Intellectual Property”), including, without limitation, products, trademarks, copyrights, proprietary information, designs, patents, business names, logos, images, designs, copy, videos, audio files, graphics, other files, and software (“Content”). Your use of and access to our Site and its Content does not grant or transfer any rights, title or interest in it to you.
No Commercial use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, products, services, Content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent.
This restriction does not apply to surface pattern designs that have been purchased or licensed under separate written agreements. Those designs are subject to the specific terms and conditions agreed upon at the time of licensing.
We reserve the right to immediately remove your access to our Site, products, services, and Content, without refund, if you are found to be violating these Terms.
Limited Licence
We may offer digital products on our website from time to time. Where you download our digital products (including checklists, guides, eBooks, video or audio content) (“Digital Products”) or access our Content, you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these Digital Products or our Content to any other person without our express written consent.
This limited licence does not apply to surface pattern designs that are sold or licensed separately. Those are subject to individual licensing terms, which are negotiated on a case-by-case basis and override any conflicting provisions in these Terms.
We reserve the right to refuse to provide any products and/or services to you at any time for any reason.
Acknowledgement of Author
Even if you have the consent of the author, you are at no time permitted to remove any copyright or other proprietary notations from the materials. You must always acknowledge the author, Born at Night Creations, in a format that is agreed upon prior to any publication.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including any Digital Products and Content) in any manner whatsoever except as authorised by us.
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those sites. It’s up to you to decide if those sites and their content are suitable for you.
PRIVACY
These Terms also include our Privacy Policy, which sets out how we use your personal information, which can be accessed here. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.
By submitting your details via this Site, you consent to receiving occasional promotional emails. You can unsubscribe at any time by clicking the link in our emails or contacting us directly.
CREATING AN ACCOUNT
To place orders and access some features of our Site, you may need to register for an account. This means you will have to give us accurate information, including your name, your business name, address, a valid email address, and telephone number, and you must be at least 18 years old. You warrant that any information you provide during the account set-up process is correct at the time you provide the information, and that you will update this information should there be any changes. You will be solely responsible for the activity that occurs on your account (including orders placed on your account), so be sure to keep your account password secure.
We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law, or where your conduct impacts our reputation.
PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods Tax (GST) (as applicable). The prices indicated on our Site may change at any time without advance notice to you. The amount charged to you will be the price in force at the time your order is placed.
We reserve the right to modify or discontinue any product without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of any product or service.
We reserve the right to cancel an order and provide a full refund if a product has been discontinued or we do not have the stock available.
We may, from time to time, provide discounted products. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued, which, amongst other things, may include terms relating to your eligibility to use them and a minimum or maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
We offer visitors who want to purchase from our Site the option to pay for the products by credit card or such other method of payment as provided at checkout. You acknowledge and agree to make timely and full payments to us for the products purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the products.
We reserve the right to cancel any order where we suspect that there is fraud or other types of illegal or unauthorised activity.
RETURNS AND REFUND POLICY
These Terms also include our Return and Refund Policy, which can be accessed here.