All designs by various artists are copyright protected by law. You may not reproduce, distribute, download, copy or edit our images without our express written permission. This includes all art prints, documents, information and materials on our website. Milkshake Living reserves the right to take legal action against anyone who breaches these terms. Please get in touch for licensing opportunities.

We hope that you are in love with your Milkshake Living purchase. We’re not happy unless you’re happy!

However, if for some reason you are not happy with your ‘returnable product’, you may return the product to us under the following terms:

Change of mind

You may return the returnable product for a full refund less shipping costs charged to us. You must contact us within 5 days of receipt of items and return the item(s) to us within 14 days to be eligible.

The items must be returned in their original condition and in the original, undamaged packing or similar protective tube/box. We reserve the right to refuse any returns, that do not meet these terms. Please note that you are responsible for the shipping back to us.

You can request a refund, exchange or credit note by emailing us at hello@milkshakeliving.com. Please allow 5-7 business days for your return to be processed once it is received by us.

Limited edition, custom and original art

Limited edition prints, custom made products and original art cannot be returned or exchanged for change of mind.

If for any reason you are not 100% happy with your purchase, please contact us so that we can discuss your concerns. If your item is faulty, please contact us as soon as possible.

No responsibility will be taken for any damages received during shipping. For this reason, I suggest you consider insurance. However, please contact us so that we can work out any problems.

Sale items

Sale items are final and non refundable, except as required by Australian Consumer Law. If your item is faulty, please contact us as soon as possible.

Shipping and handling fees are not refundable.

Faulty products

If you believe your item is faulty, you need to contact us as soon as possible describing the fault. This is governed by the Australian Consumer Law. The law provides guarantees that products are:

(1) of acceptable quality;

(2) fit for the purpose it is intended; and

(3) matches the description or sample displayed.

If we believe the item to be faulty, we will try to offer a repair, exchange or refund to you.

Please note, that many of our items are handmade. If an item is handmade it will be noted in the product description. Handmade products may have inconsistencies that are not considered faults on these items.

How to return a product

The best thing to do is email us at hello@milkshakeliving.com with the following details:

(1) your order number and date;

(2) your contact details including full name, address, phone number and email;

(3) description of the problem;

(4) photo evidence of the problem; and

(5) whether you are requesting an exchange, return or credit note.

Once we receive your email, we will contact you within 3 business days.

‘Returnable Item’ means any full price item, not including limited edition prints, custom products and original art.

We want to spread happiness with our products. If, on the off chance you have issues or concerns relating to your order, please know that we will do our very best to resolve it for you where we can. We are real people just like you, please remember to be kind.

This privacy policy explains how information about you is collected, used and disclosed by Milkshake Living. We are committed to protecting the privacy of our customers and visitors to our website and adhere to Australian Privacy Principles.

In the course of your visit to our website, we may obtain the following information about you: your name, email address, telephone number, postal and billing address, credit card details, geographic location, IP address, blog comments and social media handles (‘Personal Data’). The information we collect is used to communicate with you, provide customer service to you, measuring feedback and notifying you of offers and promotions. We will only send to you marketing communication if you subscribe to our mailing list and you can unsubscribe to this at any time. If you choose to leave a blog comment or review on our website, this will be publicly available for others to see. Personal data collected may also be used to produce reports and analytics in order for us to improve our services and the Milkshake Living website.

Credit card information is not stored by us and encrypted before transmission. We will use all reasonable means to protect the
confidentiality of your Personal Data while in our possession or control. All information we receive from you is stored and protected on secure servers from unauthorised use or access. To enable us to deliver services, we may transfer information that we collect about you, including Personal Data, across borders for storage and processing in countries other than Australia. If your Personal Data is transferred and processed outside Australia, it will only be transferred to countries that have adequate privacy protections.

We do not sell or deal in Personal Data or any customer information. We will only disclose your personal data to third party suppliers when it is required by law, for goods or services which you have purchased, for payment processing or to protect my copyright, trademarks and other legal rights.

We may need to disclose personal data to comply with a legal requirement, such as a law, regulation, court order, subpoena or warrant, in the course of a legal proceeding or in response to a law enforcement agency request. We may also use your Personal Data to protect the rights, property or safety of milkshakeliving.com, our customers or third parties.

This privacy policy is subject to change.

Welcome to Milkshake Living. Please take your time to read through our Website Terms of Use below (“Terms”).

Accepting these Terms

This document and all the other documents that we refer to within this document constitute the legal basis upon which we agree to offer and you agree to use our Site and our Services and to buy our Goods. By using any of our Site or any of our Services, you’re agreeing to these Terms - even if you are just browsing on our website. If you don’t agree to our Terms you can leave the Site and/or decide not to use our Services or buy our Goods.

Definitions

Content means without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. Content also includes all User Content (as referred to below).

Goods means any products available for purchase on the Site

Services means our website and other services.

Site means www.milkshakeliving.com

Your Privacy

We understand how important your privacy is. Our Privacy Policy details how your information is used when you use our Services, and it’s also a part of our Terms.

Your Account with Us

You will need to set up an account with us to use some of the features of the Site or the Services and purchase Goods from us unless we provide the option to log in as a “Guest”. Here are a few rules about accounts with us:

1. You will be required to provide full and accurate information about yourself.

2. You must be 18 years or older.

3. You take full responsibility for all activity on your account. If you register as a business entity, you personally guarantee that you have the authority from the business entity to agree to the Terms on behalf of the business. If you choose to share an account with another person, or other people, (for example by telling them your password) then the person whose billing information is on the account will ultimately be responsible for any activity.

4. A username that is offensive or infringes anyone’s intellectual property rights is in breach of these Terms.

5. These Terms don’t create any partnership, joint venture, employment or franchisee relationship between you and us.

6. You may choose to terminate your account with Us at any time. In order to do so, you will need to email hello@milkshakeliving.com  for your account to be terminated.

7. We may terminate or suspend your account and your access to the Services or Goods at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services or to buy Goods from us. We may refuse service to anyone, at any time, for any reason.

Prices, Availability, Products

All prices listed on the Site are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or other account charged. If your credit card or other account has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card or other account in the amount of the charge.

Please note that the colours of items and products may depend on your monitor and may not be correctly displayed.

The availability of products and other items on the Site may change at any time, without notice.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy will be one of the following: (a) we will issue a credit to your credit card or other account in the amount charged for the cancelled portion or the quantity not provided (if your credit card or account has already been charged for the order) or (b) we will not charge you for the cancelled portion of the order or the quantity not provided.

Payment Terms

For each product you order through the Sites, you agree to pay the price applicable for the product (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Unless we have agreed to an alternate billing arrangement in writing signed by Us, we will automatically bill your credit card or other account submitted, via the Payment Processor, as part of the order process for such price. All prices are non-refundable. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to one and a half percent (1.5%) per month on the unpaid balance.  You will pay for all collection costs, lawyer fees, and court costs incurred in the collection of all overdue amounts.

We use a third-party payment processor (the “Payment Processor”) to process your payments. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor.

Payment Processor & Third-Party Services

We partner with PayPal and other third parties to facilitate payments by buyers. These entities are regulated and authorised to provide payment services in the countries where they operate. We may share your personal or transactional information with those third-party service providers when it's necessary to process payments. By using a third-party service, you may also be subject to an agreement with the third-party. For example, PayPal is a third-party service provided by PayPal Holdings Inc. and is subject to the PayPal User Agreement. If we receive notice that a listing or transaction violates a third party’s service agreement, we may have to take action against your account, such as cancelling a transaction.

Our Rights and Responsibilities

We reserve the right to decline transactions that we believe to be high risk, fraudulent, or in violation of our Terms .

We maintain records associated with transactions processed via the Site and do not pass any secure data, including credit card numbers or bank account information to any third parties. Third parties will only receive shipping information and limited buyer account information necessary to complete the order. Our Privacy Policy further explains how we handle user information.

Shipping and Delivery

We deliver our products via third party service providers. You acknowledge that delivery date estimates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in instalments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient's address. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.

Once each item has been packed for shipping, you will receive an email confirming your items are on their way. This email will include a tracking number allowing you to check the status of your order by logging in to your account and checking your order history page.

Returning an Item

Please refer to our returns + refunds policy above.

Cancellations

Only we may cancel transactions. Buyers may request that we cancel an order via our Customer Service Team, however we retain the ultimate discretion as to whether we will agree to cancel an order.

Customer Queries and Complaints Management

We provide a case management system in the unlikely event your purchase does not go as expected. You can use our case management system, with support from our Customer Service Team to come to a resolution in the event of a non delivery, or if an item you receive is not as described in the listing. All you need to do is email hello@milkshakeliving.com. You can file a case under the following circumstances:

Non-Delivery

A Non-Delivery occurs when a buyer places an order and submits payment, but the item is not shipped or is shipped incorrect address. The following are examples of Non Delivery cases:

Non-Delivery

A Non-Delivery occurs when a buyer places an order and submits payment, but the item is not shipped or is shipped incorrect address. The following are examples of Non Delivery cases:

1. An item was never sent

2. An item was sent to an address that is not on our receipt or was not verified through Australia Post address verification.

3. There is no proof that the item was shipped to the buyer's address.

Not-as-Described

An item is Not as Described if it is materially different from the listing description or photos on the Site.

Ineligible Transactions

The following are not eligible for our case management system:

1. Items that are returned without a return agreement.

2. Items that have been altered, used, worn or washed after receiving them.

3. Physical or tangible items that are not available for return because they have been destroyed or discarded by the buyer.

4. Items that are received after the agreed-upon delivery date due to shipping delays.

5. Cancelled transactions that have already resulted in a refund.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site or Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site or Services is inaccurate at any time without prior notice (including after you have submitted your order). If your credit card has already been charged, a credit will be issued to your credit card.

Credits

If you use scripts, bots or any fraudulent means to obtain credits, including but not limited to setting up fake accounts or creating more than one account per household, those credits will not be honoured. If credits are granted as a result of you purchasing a product and you cancel that order, your credit will be revoked. If credits are granted as a result of you purchasing a product and then you return that item, your refund will be the difference minus the credit you obtained from purchasing that product. Moreover, if you attempt to obtain credits by placing orders and then cancelling or returning those or parts of those orders, your credits will not be honoured. We reserve the right, in our sole discretion, to not honour credits for any reason whatsoever, including without limitation situations where you have not obtained credits in good faith or in compliance with these Terms.

Availability of Content

We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (a) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all; and (b) to remove or block any Content from the Services.

We May Discontinue the Services

We reserve the right to change, suspend or discontinue any of the Services or the Goods offered for sale at any time, for any reason. We will not be liable to you for the effect that any changes to the Services or the Goods offered for sale may have on you.

Warranties and Limitation of Liability

A - Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted through the Services. Us is not responsible for the accuracy, copyright compliance, legality or decency of content posted that you accessed through the Services. You release us from all liability relating to that content.

B - Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Instagram, Pinterest and other website’s we believe may be of use). You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Us is not a party to those agreements; they are solely between you and the third party.

C - Warranties.  We are dedicated to making our Goods & Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Goods & Services are provided “as is” and with limited warranties. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service. Otherwise to the fullest extent permitted by law, we expressly disclaim any warranties of title, non infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.  We do not guarantee that: (i) the Goods or Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Goods or Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Goods and Services solely at your own risk.

Liability Limits. To the fullest extent permitted by law, neither us, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall our aggregate liability for any damages exceed the greater of one hundred ($100) AUD Dollars or the amount you paid us in the relevant transactions.

Indemnification

If we get sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend us (including any of our officers & employees) and hold us harmless from any legal claim or demand (including reasonable legal fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights. We reserve the right to defend the matter however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our defence strategy.

Governing Law.

The Terms are governed by the laws of New South Wales, Australia. These laws will apply no matter where in the world you live.

Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

Entire Agreement, Severability, Waiver & Assignment

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Us regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

Survival

The Terms will remain in effect even after your access to the service is terminated, or your use of the service ends.