Online Terms and Conditions of Sale
Online Terms and Conditions of Sale
1 Our agreement
What is this agreement?
These are the online terms and conditions of sale for goods (including customised stationery packages) on our website located at www.embellished.com.au.
Who is this agreement between?
This agreement is between you (the person purchasing event stationery on our website) and Meghana Reddy trading as Embellished (‘we’, ‘us’).
How long will this agreement last?
This agreement will start when you accept it (and we’ve confirmed your acceptance) and will terminate once your goods have been delivered to you, including any applicable customisation.
Where we say so in this agreement, certain terms will continue to apply once this agreement has been terminated (for example, terms about confidentiality and intellectual property).
How can changes be made to this agreement?
Please ensure that you’ve read these terms and conditions carefully as they can only be waived or varied in writing and signed by us.
How can you accept this agreement?
You can accept this agreement by:
(a) proceeding to purchase goods on our website; or
(b) clicking ‘I agree’ or a ticking a box next to those words.
In accepting our terms and conditions, you warrant to us that you’ve read and understood them.
2 Fees and payment
While we’re careful to ensure our website is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error).
It’s important to understand that when you submit an order through our website, no agreement is formed with us until we process and accept your order and send you a confirmation.
If there’s been an error leading to your order (such as a pricing error), we may choose not to complete the order, but we’ll contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another).
If we’re unable to fill your order, we’ll process a full refund as soon as possible.
Some of our event stationery may be subject to minimum order requirements. This means that some items can’t be purchased individually or ‘topped up’ onto an existing order.
Please carefully consider how many items you require (including spares) before placing your order. We recommend ordering at least 10 spares.
You agree to pay us the purchase price listed on our website. Our prices are listed in Australian dollars (AUD) and include GST, unless we say otherwise.
We can change our prices at any time on notice by updating the prices on our website. Price increases won’t be applied to orders that have already been confirmed by us.
How you can pay us
We accept payment via the methods set out on our website, which may change from time to time.
If we accept payment through a third-party processer, this is for your convenience, and you agree to pay any third-party merchant fees or charges notified to you at the time of checkout.
If you make a payment using a third-party processor, you’ve told us that you’ve read and agreed to their terms and conditions. We’re not responsible for any issues, loss or damage arising out of your use of those facilities. If you have an issue with a third – party provider, please contact them directly.
What happens if you don’t pay us?
You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement.
If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges.
We may also immediately stop delivery of any goods or customisation services unpaid for unless and until we receive your payment in full.
If after receiving reasonable notice from us, you don’t pay us, we can choose to do one or a combination of the following:
(a) suspend or terminate this agreement (which may include cancelling your order);
(b) charge interest on outstanding money at a rate of 10% per year from the date you owe us the money until you pay us; or
(c) refer the matter to a debt collector or lawyer (you’ll have to pay their costs).
3 Discounts and store credit
Discounts, store credit and gift cards can only be redeemed for products sold by us on our website.
They are non-transferable, not redeemable for cash and can’t be applied to postage costs.
|Discounts||Available for time stated, or for 7 days from the date of offer – whichever is sooner.||Only 1 discount applies at a time.|
|Store credit||Valid for 3 years from the date of issue.|
If you purchase a Sample Pack, you will be sent a discount code via email. Sample Pack discount codes do not expire and can only be redeemed on event stationery.
We provide two types of refunds:
(a) refunds under the Australian Consumer Law (ACL); and
(b) change of mind refunds.
If you believe that your order fails to meet a consumer guarantee under the ACL, please submit an ACL-claim by email to us at email@example.com.
We will require proof of purchase (order number or receipt) and evidence of the fault (such as a photograph).
We will provide you with a remedy in accordance with our obligations under the ACL.
Claims under the ACL must be received within a reasonable time of delivery, which we’ve determined based on the nature of the goods to be 3 days.
Change of mind refunds
In addition to your rights under the ACL, we also offer change of mind refunds under certain circumstances, as set out in this clause.
To be eligible for a change of mind refund, you must email us at firstname.lastname@example.org as soon as possible. We will require proof of purchase (order number or receipt).
If we grant you a change of mind refund, your refund will be determined based on the below table.
Design work will be taken to have:
(a) started when you return a completed customisation form to us; and
(b) been completed on receipt of your email to us confirming final approval of our design.
|Progress of work||Refund amount|
|No design work has started||100% of the amount paid|
|Design work has started||50% of the amount paid|
|Design work completed||No refund payable|
The portion refunded at each stage of the table has been considered in light of the need to protect our legitimate business interests. Once design work has commenced, we will have invested time, effort, and resources into the customisation of your order.
This refund policy only applies to custom event stationery, and does not apply to Sample Packs. Once a Sample Pack has been purchased via the website, we do not offer change of mind refunds.
For clarity, once design work has been completed you will only be eligible for a refund under the ACL (if applicable), not for change of mind.
5 Postage and delivery
You agree to pay to us postage fees as calculated at checkout, including any applicable local customs fees. If there’s an error regarding postage fees, we’ll contact you before processing your order.
We work with delivery partners who may change their fees from time to time. If they change their fees, we’ll need to update our fees, too. We can do this on notice to you by updating the fees on our website. Price increases won’t be applied to orders that have already been confirmed by us.
If your order requires customisation, we’ll confirm your order within 2 business days. We will email you a customisation form that must be completed and returned to us as soon as possible and no later than 7 business days from the date it was sent to you.
Please note that if you don’t return your completed customisation form within the above timeframe, we won’t be responsible for any associated delays to your order.
Once you have signed off on our design work, your order will be sent away for printing, which can take between 2-4 weeks depending on your order.
Your printed order will then be mailed to you as per the below delivery timelines.
We use Australia Post and Sendle to help us get our products to you within Australia and New Zealand. We use DHL Express for other international shipping.
Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider.
As a guide, for standard delivery within Australia, you may expect to receive your order within 2-8 business days.
For express delivery within:
(a) Australia, you can expect to receive your order within 1-4 business days; and
(b) New Zealand, you can expect to receive your order within 4-8 business days.
For orders other than Sample Packs, we will provide you with a tracking number.
International delivery timeframes may vary.
Please consult the Australia Post delivery guidelines for lead times or feel free to consult us for indicative delivery times to your delivery address, at email@example.com.
Please note that we do not currently ship seating charts or welcome signs internationally.
It’s your responsibility to make sure that your email and postal address details are correct. We won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement.
Orders lost in transit
We make no representations as to responsibility or liability for any lost or misdelivered orders.
If your order is lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.
We won’t be responsible for your order once it’s delivered to your nominated address, including if you’ve authorised for the delivery to be left unattended at that address or if someone else at your address signs for your parcel.
If for any reason you must mail something to us as part of a return procedure, we won’t be responsible for that item until it’s delivered to us. We recommend that you purchase insurance in these circumstances.
You can request up to 3 rounds of revision to our work. Revisions include changes to wording, font, colour, sizing, and placement of other design elements. Revisions are not redesigns.
Redesigns refer to changes to the entire design concept or changes that would require significant rework of the original agreed design. If you need to undertake a redesign, we will provide you with a new quote (which may differ in price to your initial order). At this point, you can also access a refund in accordance with our refund clause.
Once you have exhausted your reviews, you may choose to purchase additional rounds of review. Each additional round of review will incur a $50 fee and must be paid for in full before the printing process begins.
When you order a customisable product from us, we’ll give you an initial estimate as to the timeframe for delivery.
This estimate is based on your prompt communication with us. Prompt communication means that you will respond to our request for feedback (including emails) within 3 business days.
If you fail to provide feedback or respond to us as set out in this clause, we won’t be responsible for any delay to your estimated delivery date.
Your work may be subject to rush fees if you require us to make up for lost time as a result of your delay.
We’ll notify you in writing if we think that your delivery date will be delayed. At that point, we will also let you know if there are any applicable rush fees to deliver the project on the original delivery date.
You can choose whether you would like to pay any applicable rush fees, or if you are content with a delayed delivery date.
For some orders we work with third parties to source materials. We make every effort to ensure these materials are available before we accept your order, however, we can’t control the stock levels of our partners.
If we can’t source a particular element of your order, we’ll work with you to find a suitable substitute. If we’re unable to find an appropriate substitute at the same price, you have the option of upgrading materials, which may be subject to additional fees.
If you’re unhappy with the options for substitution, you may cancel your order and apply for a refund in line with our refund clause.
We’re careful to ensure that we get the customisation of your order correct. Once we deliver our draft design to you, it’s your responsibility to review it for design, copy, formatting, names, and spelling errors.
We encourage you to take the time to carefully review our draft. After you’ve had a chance to review our draft, you’ll be asked to approve it in writing.
Once you approve our draft (whether or not you have actually reviewed it), we won’t be held responsible for any errors or costs associated with making changes or reprinting work.
Orders will not progress to printing if you don’t give your approval in writing.
We draw your attention to the possibility of loss or damage occurring because of typographic, grammatical, or formatting errors.
You agree to indemnify us and hold us harmless against any loss or damage arising out of inaccurate materials published after you’ve given your approval.
If the final printed items don’t match the draft that was approved by you, we will reprint and deliver the affected portion of your order at no additional cost.
We cannot guarantee that the final colours of your product will be the same as what you saw on your screen.
This is because every screen resolution and setting is different, and the colours displayed on your screen may be different to the colours you see in your final product.
Additional elements may be available for purchase in relation to your order. For example, you may purchase envelope liners, silk ribbon attachments or other embellishments for your order.
Where these items are hand-made or applied by hand, we can’t guarantee that each item will be identical to the last. Please allow for minor variations between items in your order.
You grant us permission to use and reproduce your name, photograph, or likeness, as well as evidence of services delivered, and results achieved to promote our business.
We will ensure that your personal information (address, date, and time, etc) of your event will not be legible.
8 Intellectual property
Our intellectual property
All of our content (including our website content and customised event stationery) is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, we own or control all intellectual property rights in our products and services.
You acknowledge and agree that all intellectual property owned by us or to which we are entitled before and after this agreement with you is formed will remain our sole property and that nothing in this agreement transfers any ownership in the intellectual property to you.
Limited licence to use our works
In delivering our customised event stationery, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use that stationery for the purpose for which it was created in accordance with these terms and any instructions we give you.
We don’t grant you any other rights in relation to our content. You must not re-use any content for commercial use or share the content with any other person, whether or not for commercial purposes, unless we say so in writing.
We can cancel this license immediately if you breach it or these terms and conditions in any way.
In addition to any other rights we have at law, and to the maximum extent permitted by law, you agree to indemnify us on a full indemnity basis for any breach of this clause including for any costs we incur in seeking legal advice on the breach and in taking legal proceedings against you.
Please be aware that we do not release our editable or working files, or issue digital versions of our event stationery.
You are not permitted to reuse or print designs, design elements or monograms that were created as part of your event stationery.
If you would like to use our work in a way that you did not originally pay for, you must contact us by emailing firstname.lastname@example.org to discuss an extended license.
The grant of an extended licence will be subject to additional fees, starting from $100 per design element.
9 What happens if we disagree?
If we disagree about something that relates to this agreement, we both agree not to go straight to court or a tribunal unless we need urgent relief, like an interlocutory order.
We agree to follow the steps set out in this clause first.
(a) First, the party with the issue needs to tell the other person about the issue in writing so they understand what the problem is. This written notice needs to include the outcome that the person with the issue wants and the action they think the other person needs to take to settle the issue.
(b) Once the other person receives the notice of the issue, both parties agree to do their best to try and resolve the issue together within 20 business days.
If a dispute is declared, any communications between us are confidential and should be treated as ‘without prejudice’ negotiations for the purpose of evidence law. This means that neither of us can use these communications if we go to court.
(a) If we can’t resolve the issue on our own, we agree to select an independent mediator to help us work through the problem. We have up to 7 business days to select a mediator together.
(b) If we can’t agree on a mediator, then we both agree to ask the President of the Law Society in NSW to appoint a mediator for us.
(c) If we must mediate, we agree to attend virtual mediation whenever possible, or else to go to mediation in NSW and split the fees of equally between us.
This clause will continue to apply even if this agreement is terminated.
10 Ending our agreement
When can we end this agreement?
We may terminate in accordance with this agreement and in the following circumstances:
(a) immediately, by giving you notice in writing if a default event occurs as described below;
(b) if you have breached these terms and don’t fix your breach within 7 business days of being given notice of your breach.
We will not provide any refund, credit, or other compensation if we terminate this agreement due to your breach.
When can you end this agreement?
You may terminate this agreement with us in the following circumstances:
(a) for convenience, in accordance with our refund clause;
(b) If we have breached these terms and don’t fix our breach within 7 business days of being given notice of our breach by you; and
(c) If any of the following events occurs: the death, bankruptcy or winding up of a party.
For the purposes of this clause, event of default means:
(a) you fail to make a payment as provided in these terms and conditions and do not remedy such failure within 3 days of us giving you notice to remedy;
(b) we form the reasonable belief that you have infringed our intellectual property rights, breached any of the conduct, confidentiality, or intellectual property clauses, or threatened to do so; and
(c) any of the following events occurs: the death, bankruptcy or winding up of a party.
What happens when it ends?
All disclaimers, exclusions and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.
11 Limitation of liability
Customers within Australia:
(a) You’re entitled to guarantees under the Australian Consumer Law. We can’t and won’t change those. We specifically exclude all other guarantees that might apply to our services.
(a) If you’ve purchased goods from us, you are entitled to:
i. a replacement or refund for a major failure and compensation for any reasonably foreseeable loss or damage.
ii. If it’s not a major failure, you’re entitled to have the goods repaired or replaced if they’re not of an acceptable quality.
(b) Wherever possible our liability for breach of any condition, warranty or guarantee is limited, at our option, to:
i. replacement of the product;
ii. repair of the product;
iii. payment of the cost of having the product repaired; or
iv. such other fair and reasonable remedy as we are ready and willing to provide.
(c) To the maximum extent applicable, we limit our liability to you under s64A, to resupplying the goods and/or services or paying you the costs of the goods/services.
(d) To the maximum extent applicable by law, we specifically exclude our liability for negligence, and to the maximum extent possible, we exclude liability for consequential loss or damage (flow on effects of negligence), including loss of business profits.
Customers outside of Australia:
(a) We warrant that we have taken reasonable care in preparing our products and have used reasonable skill and expertise in ensuring that our products are accurate and up to date to the best of our knowledge.
(b) We don’t warrant our products will be error free or that it will meet all of your needs or requirements. This limited warranty is the only warranty provided by us and is in lieu of all other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.
(c) Subject to legal limitations or restrictions applicable to this transaction, our liability for any breach of the limited warranty provided above is limited to the fees paid by you or the cost of re-supplying the product, whichever is less.
(d) By accepting this agreement, you’re waiving, releasing, and discharging all claims you have or may have against us on an ongoing basis relating to our services.
(e) We specifically exclude liability for negligence.
12 Advice and Information
We may give you advice, recommendations, information, or assistance in relation to products on our website, their use or application.
We give that information to you in good faith, believing it’s accurate, appropriate, and reliable at the time but we don’t give any warranty of accuracy, appropriateness, or reliability.
Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice.
We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our website, unless otherwise required by law.
(a) Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver of this provision.
(b) We won’t voluntarily assign or otherwise transfer our obligations under this agreement without your prior consent, however, we may sub-contract one or more aspects of the services, provided always that we will remain the head contractor and will be responsible for the delivery of services in accordance with this agreement.
(c) This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this agreement.
(d) If anything in this agreement is unenforceable, illegal or void, it is severed, and the rest of the agreement remains in force.
(e) Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
(f) Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, riot, strike, war, pandemic, restrictions and prohibitions or any other actions by any government or semi government authorities, or major injury or illness of key personnel.
(g) The law of New South Wales (NSW) governs this agreement, and the parties submit to the non-exclusive jurisdiction of the courts of NSW.
A notice or other communication to a party must be in writing and delivered to that party in one of the following ways:
i. delivered personally;
ii. posted to their address, when it will be treated as having been received on the second business day after posting; or
iii. sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.
i. If we refer to a piece of legislation, this includes changes or updates to it, and instruments and regulations introduced under it.
ii. Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
iii. Headings are just for convenience, not for interpretation.
iv. Grammatical forms of defined words or phrases have corresponding meanings;
v. Dates and times set out in this agreement are in reference to Sydney, New South Wales, Australia;
vi. If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day;
vii. References to a party are intended to bind their executors, administrators and permitted transferees; and
viii. Obligations under this agreement affecting more than one party bind them jointly and each of them severally.
i. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
ii. Business Day means a day on which banks are open for business in Sydney, other than a Saturday, Sunday or public holiday.