Terms & Conditions
1. Definitions
In this agreement:
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Goods” means any of the Goods we offer for sale on our Website
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website
2. Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and
2.2 in any event to you as a buyer or prospective buyer of our Goods.
2.3 We shall accept your order by e-mail confirmation. That is when our contract is made.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
2.5 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
3. Copyright of Photos, Images and Designs
3.1 You agree that all photos, images or designs that you email to us for use in fulfilling your order, is either owned by you or has been created by you and thus all rights for use and reproduction are yours.
3.2 You agree to obtain legal permission to use any photo, image or design that is obtained by you from a third party or resource.
Such resources include but are not limited to:
-Wedding Photographers,
-Professional Photographers,
-Professional Illustrators
-Online or offline resellers of photos, images or designs,
4. Price, Payments and Overseas Orders
4.1 All prices quoted in this Website are in Australian Dollars.
4.2 All payments for orders outside Australia must be made through PayPal, not by direct bank deposit. Calculations in your currency will be done via PayPal at the time of payment.
5. Foreign taxes, duties and import restrictions
5.1 If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
5.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
6. Delivery
6.1 Deliveries will be made by Australia Post to the address stipulated in your order. You must ensure that someone is present to accept delivery.
6.2 We will send you a message by email to tell you when we have des patched your order.
7. Cancellation of order
7.1 You may cancel your order before you approve the design proof that will be emailed to you for your approval. Once you email us with your approval of the design you cannot cancel your order nor can you request a refund. The option to cancel after approval of your design is not available as the product is made to your specification and cannot be sold to anyone else.
7.2 Details of our after-sales service and guarantees, if any, are given on our website.
7.3 You will be refunded in full in the event that the Goods are faulty.
8. Goods returned
8.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
8.1.1 exactly what is the fault;
8.1.2 the date, if relevant, when the fault became apparent;
8.1.3 when and how you discovered the fault;
8.1.4 how the fault affected your use of the Goods;
8.2 To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty:
8.3 You must tell us by email message to info@designaplate.com.au that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
8.4 The Goods must be returned to us as soon as any defect is discovered.
8.5 So far as possible, Goods should be returned:
8.5.1 with both goods and all packaging as far as possible in their original condition;
8.5.2 securely wrapped;
8.5.3 at your risk and cost.
9. Disclaimers
9.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
9.2 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.]
9.3 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
9.4 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
9.5 The above two sub paragraphs do not apply to a claim for personal injury.
10. Content and Intellectual Property Rights
10.1 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
10.2 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
11. System Security
11.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
11.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
11.3 You may not use any software tool for the purpose of extracting data from our website.
11.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
12. Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
13. Miscellaneous provisions
13.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
13.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
13.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
13.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
13.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
13.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
13.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
13.8 This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
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