Please read the following terms and conditions ("Terms") carefully before accessing or using www.sticker.com.au ("the Site"). The Site is operated by GRAPHIC COPY MEDIA PTY LTD, ACN 112 790 682 (referred to in these Terms as "Sticker.com.au"). By accessing or using the Site, you are entering into an agreement with Sticker.com.au and agree to be bound by these Terms. If you do not wish to be bound by these Terms, you may not access or use the Site. Sticker.com.au may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms on the Site. You agree to review these Terms periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms.
2. Use of the Site
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property (including copyright and trademarks) are sticker.com.au, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the Site, including text, graphics, code and/or software. Material from the Site and any other World Wide Web sites owned, operated, licensed, or controlled by sticker.com.au or any of its related, affiliated, or subsidiary companies (together, "Sticker.com.au") may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of sticker.com.au. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree that you shall have no recourse against sticker.com.au for any alleged or actual infringement or misappropriation of any proprietary right in your communications to sticker.com.au.
3. Restriction Of Liability
Sticker.com.au will not be liable for any losses, damages, costs or injuries ("Losses") , including any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. sticker.com.au will not be liable for any Losses, including special or consequential damages that result from the use of, or the inability to use, the materials in the Site, even if there is negligence or sticker.com.au or an authorized representative has been advised of the possibility of such Losses, or both. The above limitation or exclusion may not apply to you to the extent that applicable law does not allow the limitation or exclusion of liability for incidental or consequential damages.
Sticker.com.au will not incur any liability as a result of any similarities that may appear between your submissions (including product or advertising ideas) and in future sticker.com.au operations. Without limitation, sticker.com.au will have a non-exclusive licence to the Submissions. Except as noted below in this paragraph, sticker.com.au will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not sticker.com.au have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, and copyright. You agree and acknowledge that any intellectual property owned, acquired or later created by sticker.com.au ("Sticker.com.au's IP") or any intellectual property that sticker.com.au has developed, improved or enhanced using the Submissions ("Developed IP") vests in and is owned exclusively by sticker.com.au. sticker.com.au grants you a revocable, non-transferable, non-exclusive licence to use the sticker.com.au IP or the Developed IP.
These Terms do not exclude or limit the application of any laws, including the Australian Consumer Law of the Competition and Consumer Act 2010 (Cth), where to do so would contravene those laws or cause any part of these Terms to be void. These Terms exclude all conditions, warranties, terms and consumer guarantees implied by laws, general law or custom except any the exclusion of which would contravene any laws or cause this condition to be void ("Non-Excludable Condition"). To the extent that sticker.com.au is providing services, sticker.com.au's liability for breach of a Non-Excludable Condition is limited, at sticker.com.au's option, to supplying the services again, or the cost of supplying the services again. To the extent that sticker.com.au is supplying goods, sticker.com.au's liability for breach of a Non-Excludable Condition is limited, at sticker.com.au's option, to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired. sticker.com.au will not pay any indirect, economic, special or consequential loss or damage including but not limited to loss of revenue, profit, production, business, anticipated savings or claims by you, even if sticker.com.au knows they are possible or otherwise foreseeable. The material in the Site may include technical inaccuracies or typographical errors. sticker.com.au may make changes or improvements at any time. The materials in the Site are provided "as is". sticker.com.au does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. sticker.com.au does not warrant or make any representations regarding the use of or the result of the use of the material in the Site in terms of their correctness, accuracy, reliability, or otherwise.
You agree to indemnify, defend and hold harmless sticker.com.au, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all Losses, including legal fees on an indemnity basis, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.
7. Third Party Rights
The provisions of clauses 2 (Use of the Site), and 6 (Indemnity) of these Terms are for the benefit of sticker.com.au and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
8. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules including, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
9. Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that sticker.com.au shall not be responsible or liable for any Losses or other matters of any sort incurred as the result of any such dealings. Please note: The sticker Resources pages link to third party sites which are provided for your convenience only. sticker.com.au is not responsible for and makes no representations concerning the condition and content of, or goods or services offered at the third party sites. The links do not indicate, expressly or impliedly, that sticker.com.au endorses the linked sites or the goods or services offered there. You access the sites and use any goods or services at your own risk.
The Site may provide, or third parties may provide, links to non-Sticker.com.au Internet World Wide Web sites or resources. Because sticker.com.au has no control over such sites and resources, you acknowledge and agree that sticker.com.au is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that sticker.com.au shall not be responsible or liable, directly or indirectly, for any Losses caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
These Terms will be governed and be interpreted pursuant to the laws of the Australia, notwithstanding any principles of conflicts of law. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Site for illegal purposes may be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Site. sticker.com.au goods and services are available in many parts of the world. However, the Site may describe goods and services that are not available worldwide. The words include or including do not limit the meaning of the words to which the example relates to that example or examples of a similar kind.
12. Artwork & Orders
- Sticker.com.au accepts no responsibility for files that are inferior quality, low-resolution or not print ready. Please visit the Site for more information.
- Sticker.com.au is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.
- Sticker.com.au will not be held responsible for any sticker orders that have been printed with any spelling, punctuation, or grammatical errors or incorrect information.
- Hard copies supplied by you are not used for colour reference or matching.
- Variations in colour may occur between re-prints due to batch printing methods.
- All colours for outdoor UV stickers are converted to CMYK by default due to sticker.com.au's full colour process printing. Some red & blue shades used in outdoor UV stickers may be modified to a recommended colour when working with UV light fast inks.
- Sticker.com.au endeavours to reproduce specific colours, but exact colour matching cannot be guaranteed due to the nature of CMYK full colour print and variations in monitor colour settings. Sticker.com.au's digital proofs are setup to reproduce colours when printed on Sticker.com.au's presses.
- There may be slight variations in colours represented in proofs on screen compared to the final printed product. sticker.com.au's monitors, software and pre-press have been calibrated specifically for manufacturing stickers.
- Colour match, cutting and folding tolerances are guaranteed to be within industry standards (CMYK) for pleasing colour and tolerances published within the Site.
- All materials sticker.com.au creates in producing your printed product are the property of Sticker.com.au. Although these materials will NOT be sold or given to any other party, sticker.com.au reserves the right to distribute free samples of your printed product.
Sticker.com.au is not responsible for:
- Design errors or colour selection errors introduced by you in the artwork file creation process.
- Errors in user-selected options such product type, size, finishing options, or quantity.
- Incorrect file dimensions, image orientation, or file submission in accordance with Sticker.com.au's specifications.
- All quotes/prices are only valid if they are available for viewing on the Site or have been provided in writing by sticker.com.au (i.e., via e-mail or fax). Any prices provided verbally cannot be verified by Sticker.com.au.
14. Payment & Payment methods
- All orders must be paid in full before they are sent to production.
- Sticker.com.au's payment options are as follows:
- Credit card: sticker.com.au only accepts VISA and MasterCard.
- Cheque: Production will not take place until cheques are cleared by sticker.com.au's bank. If a cheque is reversed for any reason, Sticker.com.au reserves the right to:
(a) cease production on stickers or withhold goods until full payment is made with an alternate credit card; and
(b) charge you for any fees or charges it incurs in relation to the reversed cheque (e.g. bank charges).
- Cheque: Production will not take place until cheques are cleared by sticker.com.au's bank. If a cheque is reversed for any reason, Sticker.com.au reserves the right to:
- Direct Deposit
15. Application of Product
- Sticker.com.au is not responsible for any issues/problems experienced due to stickers being applied to surfaces that are not smooth, dry, flat, and are not free of dirt, oil or grime. It is your responsibility to obtain samples to test them out for their purpose/product.
- As all orders are unique, All Sales Are Final. If Sticker.com.au verifies that an error has been made on its part, the sticker order will be re-printed. No refunds or credits are provided in this situation.
- No refunds are provided if you have paid for stickers to go to print, then you change your mind about purchasing stickers.
- Sticker.com.au is not responsible where you purchase stickers for a specific application or use and are no longer able to use them for whatever reason. It is your responsibility to view and test samples of sticker.com.au's stickers for their specific purpose, before you purchase your stickers.
- No refunds or credit are given once Sticker.com.au begins working on your order, which means Sticker.com.au has received your necessary materials (i.e., digital files and payment) and started work on your job (i.e., your job is in production).
- Sticker.com.au does not provide refunds or credit for stickers that have been printed with grammatical or spelling errors. Once you approve your proof, the order is sent to print.
- No refunds or credits are provided for delays in shipments caused by bad weather, shipping company delays, customs issues or any other circumstances beyond Sticker.com.au direct control.
- No refunds or credits will be given if goods are delivered past the estimated delivery date.
- If Sticker.com.au misses a deadline, due to printing delays, and this has been acknowledged in writing by Sticker.com.au, a refund for any overnight shipping charges will be granted.
- Refunds are provided by direct deposit into a nominated bank account.
- You must notify Sticker.com.au within 3 business days of receipt of goods of any defects discovered in the ordered product. In order to receive replacement, you must return the entire received product within 10 days (at your own expense) from the time when the ordered product delivery was taken.
- Sticker.com.au reserves the right to not accept goods for return that have been altered in any way or have been used.
- If an order is to be reprinted due to your error (i.e., approving proofs with grammatical or spelling errors, etc), you will be charged for the reprint. A reduced or discounted price for the reprint may be offered by Sticker.com.au in its sole discretion.
19. Longevity of stickers
- Sticker.com.au does not guarantee a timeframe for which stickers will last without fading, cracking or peeling, as longevity depends on a variety of factors, including, the surface on which the sticker is applied, varying weather conditions, cleaning substances to which the sticker is exposed etc.
20. Production Time
- Production time is calculated from the day after a payment is made and includes only business days; weekends are not included.
- With regards to the production time of sticker.com.au's full colour bumper stickers (i.e., 7-10 business days), production can take up to 10 business days. Thereafter, orders are shipped out.
21. Passing of risk and Shipping issues
Risk in the goods passes to you at the point that sticker.com.au despatches the goods.
- Any period or date for delivery of goods or provision of services is intended as an estimate only and is not a contractual commitment. sticker.com.au will use sticker.com.au's reasonable endeavours to meet any estimated dates for delivery of the goods or completion of the services but will not be liable for any Losses suffered by you or any third party for failure to meet any estimated date.
- Sticker.com.au is not responsible for incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors created by you.
- Sticker.com.au is not responsible for goods damaged, defective or unsuitable for purpose of sale due to handling by a freight carrier.
- Damaged shipments from handling must be claimed from the freight carrier. If any cartons are missing or damaged, be sure to note this on the freight bill. If you notice concealed damage after the driver has left, keep all the packing and call the freight carrier to return and inspect the damage and file a claim. Sticker.com.au is not responsible for damage caused by the freight carrier.
- In the case of a claim concerning any non-delivery, misdelivery, late delivery, damaged shipment or other shipping-related claim, you must retain all original shipping containers, packaging and contents and make the foregoing items available for sticker.com.au's inspection.
- Additional shipping and handling charges will be assessed for packages that have to be reshipped due to the fact that an error was made by you in submitting the proper shipping address.
- Sticker.com.au endeavours to ship and deliver all packages with a request for “signature upon delivery”. However, for reasons beyond the control of Sticker.com.au, this may not always occur. Therefore, sticker.com.au will not be held liable if the following occurs:
- a package has not been signed by the recipient and left at the front of the premises;
- a package is signed by somebody other than the recipient; or
- a proof of signature is not available from the freight carrier.
- Payment will not be refunded and credits will not be provided if an order is cancelled after credit card payments have been processed or cheques or direct deposit have been received.
- If a cancellation is made after an order has been printed, due to timeframe not being met, or a purchase has been made from an alternate vendor or any other reason, no refunds or credits will be provided.