surface pattern & design studio
FREQUENTLY ASKED QUESTIONS :
We follow current global trends and offer you an insight to the trends and colours of the trend's we are following.
We adapt our designs to be commercially viable. All designs are currently set in a repeat (seamless) and are available for purchase. Once the purchase process is complete the design will become available for download. All design/ artwork is sold with an absolute license. It's quick it's easy and it looks good.
Absolute License: This means that ALL designs and artwork sold on our TKCreative site is an exclusive design or concept that is available for a once only purchase. Once a design/artwork has been confirmed as sold we will take that design out of our catalogue. It belongs to you and it will be royalty free.
The TKCreative digital designs are available for purchase with a one-off absolute license and are priced according to their rank.
Either an 'everyday pattern' meaning a coordinate (mix n match) concept or a 'prime design' which fits into our themed categories.
Payment: All our payment transactions go through Paypal in $AUD
(you can make a purchase without having a Paypal account)
Shipping: Files are available for download once payment process has been finalised, you will be automatically directed.
Refunds and Exchanges on digital purchase: Due to the digital nature of downloadable files, refunds are not available. however, if you're unhappy please let TKCreative know and we will do our best to remedy the issue.
** You may not redistribute, resell, gift, share, lend or re-sell any of the materials in their original form, regardless of the inclusive 'absolute license purchased.
Colours on the actual print may be slightly different than the image shown,
due to the colour settings of your screen.
If you require a customised project please contact our studio at firstname.lastname@example.org and we can assist you with further information.
Once payment of the selected design is complete you will receive the following file formats.
1. design .pdf
2. design .ai (vector) or .psd (with layers) dependent on how the file was originally created.
3. info document regarding lisence
Designs can be edited, colour changes made etc to suit your brief using software such as Adobe Illustrator.
Once a design has been purchased it will be removed from our catalogue. We operate on a first in first served basis. Designs are available 24/7 for you to look through and purchase.
COPYRIGHT - TERMS & CONDITIONS: :
All designs/licensed designs remain property of TKCreative until purchase has been finalised and download complete. Any thumbnails downloaded prior should not be passed on to a third party or manipulated. They are intended for your companies internal review. The designs are available for purchase online and may be sold at any time. Once designs are sold they will be removed from our catalogue/ website *. Exclusive rights to the purchased design will be given to the buyer for use of the design. We operate on a 'first in , first served basis'.
* Imagery for design will remain if it features in our 'Trend' section where it relates to current / popular trends ; It may also appear on social media.
It will not however be offered for sale/ download.
By purchasing and downloading designs/concepts from TKCreative you will be agreeing your acceptance of our license agreement and agree to the following terms of conditions:
TERMS & CONDITIONS OF SALE / EXCLUSIVE LICENSE AGREEMENT :
1.1 In these Terms:
“Company” means [TKCreative]
“Customer” means the purchaser of Goods from the Company.
“Goods” means all goods sold and/or delivered by the Company to the Customer.
“Terms” means these terms and conditions of sale.
2.1 These Terms apply to all contracts for the sale of Goods by the Company.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the
Company unless confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or agent of the Company has any right to
make any representation, warranty or promise in relation to the Goods or the sale of the
Goods other than as contained in these Terms.
3.1 The customer may not redistribute, resell, gift, share, lend or re-sell any of the designs in their original form, regardless of the exclusive license purchased included within the displayed price)
3.2 All designs/ concepts created by the Company are not permitted to be duplicated, goods must be purchased.
3.3 Use for pornographic, fraudulent, obscene, immoral, infringing, illegal, blasphemous or defamatory material is not permitted within this license.
4. Absolute License
Inclusive in displayed price. A one - time payment. Designs once purchased are royalty free.
5.1 Prices are determined at the time of order and, prior to payment and are subject to
change without notice.
6.1 Payments are to be made to the Company without any deduction or discount other than as
stated in these Terms.
6.2. You acknowledge that the price and inclusive licence fee is that displayed on the Website when you enter into this agreement. (Price includes license when displayed on web site)
6.3 Once Payment process is finalised the customer will be directed to the download page.
7. Delivery/ Download
7.1 The Customer will be directed to download once payment is complete.
This link will be active for 24hours following payment.
7.2 If the Customer fails to download the design/concept within this timeframe TKCreative will endeavor to send the files via the email address which the design/concept has been purchased with through Paypal. Please contact us if there is any issue with your download.
8. Refunds / Exchanges / Warranty
8.1 Due to the digital nature of downloadable files, refunds are not available.
However, if you're unhappy please let TKCreative know and we will do our best to remedy the issue!
A satisfied customer is our utmost concern! if unhappy with your order for any reason, please contact me within3 days of receiving your order.
9.1 Unless the Customer has inspected the Goods and given written notice to the Company
within 2 days after collection or delivery that the Goods do not comply with the relevant
specifications or descriptions, the Goods are deemed to have been accepted in good order
9.2 We urge you to inspect the design following download. We have a QC process in place, but we are human.
If something in relation to the design is not as you expected please contact us and we will look into it asap.
10. Colour / Trend Forecasting / Style Advice
10.1 Colour for all of our repeat pattern designs are displayed in pantone TCX. Colours used within our designs are selected based on trend and colour analysis from our team. Once goods/design has been purchased we advise a review in terms of your product and factory specifications.
11. Copyright/ Title
11.1 Legal and beneficial ownership of the Goods will not pass to the Customer until such time as
the Goods have been paid in full/cleared funds.
12. Limited Liability
12.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade
Practices Act 1974.
12.2 The Company is not subject to, and the Customer releases the Company from, any
liability (including but not limited to consequential loss or damage) because of any delay in
delivery/ download or fault or defect in the Goods. The Customer acknowledges that the Company is
not liable for any consequential loss or damage or other direct or indirect loss or damage.
12.3 The design/ Licensed design has not been developed with your individual requirements in mind. It is the customers responsibility to judge the design in respect to their requirements. TKCreative cannot provide warranty or be accountable in relation to this.
12.4 TKCreative makes attempts to keep their files free from viruses. We are unable to provide a guarantee or accept responsibility on this and advise that the customer scans all downloaded files.
13.1 Any Company design thumbnail that is downloaded for inspection by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample. Any thumbnails downloaded should not be passed on to a third party or manipulated. They are intended for your companies internal review only.
14.1 The terms of the Contract are wholly contained in these Terms. The Contract is deemed to have been made at the Company’s website where an order was placed and any cause of action is deemed to have arisen there.
15. Right to Enter Premises
15.1 In any of the circumstances referred to in clause 14, the Customer:
(a) authorises the Company by itself, its agents or representatives at all reasonable times,
without notice, to enter onto (with force if reasonably necessary) and to remain in and
on any premises where the Goods are located in order to collect the Goods, without
being guilty of any manner of trespass; and
(b) assigns to the Company all the Customer’s rights to enter onto and remain in and on
such premises until all the Goods have been collected.
16.1. The customer shall indemnify TKCreative against all liabilities, costs, expenses, damages or losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by TKCreative arising out of or in connection with any breach by the customer in regards to the terms of this agreement, in particular any use of a design/concept which either breaches the terms and conditions / usage rights (outlined in license) or any use that is not expressly permitted therein.
17 Force Majeure
17.1 The Company will not be liable for any breach of contract due to any matter or thing beyond
the Company’s control (including but not limited to transport stoppages, transport
breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars,
riots or civil commotion, intervention or public authority, explosion or accident.
18. Waiver of Breach
18.1 No failure by the Company to insist on strict performance of any of these Terms is a waiver
of any right or remedy which the Company may have, and is not a waiver of any subsequent
breach or default by the Customer.
19. No Assignment
19.1 Neither the Contract, nor any rights under the Contract may be assigned by the Customer
without the prior written consent of the Company, which is at the Company’s absolute
20.1 Violations against the Terms and Conditions/ License as outlined in this document shall automatically cause this Licence / agrrement to be terminated.
20.2 In such cases the relevant imagery/design and all products containing to the designs shall not be used, published,
and/or distributed. All available copies of the designs shall promptly be destroyed. TKCreative reserves the
right to initiate civil and criminal proceedings for violations against Copyright and or License Agreement.
20.3 All notices to be served in accordance with this agreement may be served by email. The email address of TKCreative shall be as displayed on the Website (Contact us) and your email address shall be as submitted by you to Paypal upon the purchase of the design/license.
21.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or
unenforceable, the validity and enforceability of the remaining provisions are not affected.
22. Governing Law
22.1 These Terms and the Contract shall be governed by the law of Victoria and the
parties submit to the courts of Victoria in respect of any dispute arising.
Any other questions ?
Please email us through our contact page.
request access/ login:
All designs and images are subject to copyright, unless otherwise specified. Please refrain from
using any TKCreative content
without our permission, thank you.
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