This website (www.customvinyl.com.au) is owned and operated by Custom Vinyl, the trading name of Eightball Media Pty. Ltd. (ABN 16 756 933 471).
“You” – means you, the customer, either using this website and/or placing an order through this website. “Your” and “customer” shall also be construed and interpreted to mean the same.
Custom Vinyl offers this website as a service, including all information available, tools and services this website provides to you, the user, on the condition you accept all of the terms, conditions and policies outlined in these Terms of Service.
When you visit our website, and/or purchase products through this website, you engage in our “Service” and agree to adhere to the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available elsewhere on this website, or provided through the relevant links.
These Terms apply to all users of this website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to the entirety of these terms and conditions in this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features, tools, or products which are added to this website shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. General Online Store Terms and Conditions
Agreeing to these Terms, which is given by accessing this website and/or purchasing products through the website, means you are implicitly representing that you are at least at the age of majority in your country, state or province of primary residence, or that you are of the age of majority whereby you can give consent to allow any minor dependents you are responsible for to use this website and the services provided herein.
It is a breach of these Terms of Service to use our products, or this website and services provided, for any illegal or unauthorised purpose; nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and intellectual property laws).
We reserve the right to refuse service to anyone for any reason at any time.
You must not transmit any worms or viruses or any code of a destructive nature using this website, or transmit any computer virus, destructive code, or other illegal software aimed at this website, email addresses, or social media accounts.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access the Service, or any contact medium made available on the website through which the service is provided, without express written permission by us.
A breach or violation of any of the Terms will result in an immediate termination of the Services we provide you.
2. Accuracy, Completeness and Timeliness of Information provided on the website and in these Terms of Service
3. Modification to the Service and Product Prices
The price of our products is subject to change and can be changed without notice.
We reserve the right, at any time and for any reason, to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service provided.
4. Guarantee of the Quality of Products and Confirmation of a Sale
Certain products may have limited quantities and are subject to return or exchange only in accordance with our Returns Policy.
We always make every reasonable effort to accurately display the colours, materials and quality of the products on this website. The colour options shown on screen may not be exact representations of the finished vinyl products. We cannot guarantee that your computer monitor’s display, or the images shown through mobile and tablet devices, will accurately reflect the colour of products represented on this website.
We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Once an order has been placed on our website, we will send an e-mail confirming the order has been made. Please note that this does not mean the order has been accepted. This order constitutes an offer to buy a product. All orders are subject to availability and confirmation the offer has been accepted by us. Once we confirm, which is through an email confirming the product has been dispatched, for the agreed price, including all postage and shipping costs, the contract will be formed when we send the shipping confirmation email.
Orders will only be processed once payment has been received in full. If you are us make a mistake with the order, all reasonable efforts will be made to correct the mistake. Please consult our Refunds Policy for more information about how we process refunds and returns. We are under no obligation to issue a refund or return.
5. Maintenance of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Under the terms of this agreement, you agree to provide accurate, complete and current purchasing and account information for all purchase made through this website. You agree to keep your account information up to date, to ensure transactions can be completed and products shipped to the correct address, and we can contact you about any purchases made through this website.
Please review our Returns Policy for more information.
6. Third-party and Optional Tools and Links
We may provide you with access to third-party tools and links on this website over which we neither monitor nor have any control nor input.
Under the terms of this agreement, you acknowledge without limitations or prejudice, and with no limitation of liability on your part, that these tools and links are provided “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools and links offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
7. Web visitor, User and Customer Comments, Feedback and other Submissions
If, at our request, or of your own violation, with no prompting from us, you send comments, submissions, product ideas, suggestions, creative ideas, other materials, feedback or other content (including but not limited to contest entries) whether online, by email, through our social media channels, including private and direct messages, or by postal mail (collectively: “comments and submissions”), you agree that we may, at any time, without any global restrictions or limitations, edit, copy, publish, distribute, translate and otherwise use in any medium any comments and submissions that you forward to us. We are and shall be under no obligation (1) to maintain any comments and submissions in confidence; (2) to pay compensation for any comments and submissions; or (3) to respond to any comments and submissions.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or rights, including other website visitors and visitors to our social media channels, or in any way violates these Terms of Service.
You agree that your comments and submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments and submissions will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus, illegal or dangerous code, or other malware that could in any way affect the operation of this website and the Service we provide. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments and submissions. You are solely responsible for any comments and submissions you make and their accuracy. We take no responsibility and assume no liability for any Comments and Submissions posted by you or any third-party.
8. Personal Information
9. Errors, Inaccuracies and Omissions
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on this or on any related website and social media channel, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this or on any related website and social media channel should be taken to indicate that all information on this or on any related website and social media channel has been modified or updated.
10. Prohibited use of this Website, Service and any related Website
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using this website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any national, international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website, other websites, the Internet, and social media platforms; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
11. Disclaimer of Warranties; Limitation of Liability
If we do not deliver or if the products that are delivered are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
11.1. Make good any shortage or non-delivery or incorrect delivery; or
11.2. Replace or repair any products that are damaged or defective; or
11.3. Refund to you the amount paid by you for the products in question.
We do not take responsibility for damaged apparels caused by ironing or incorrect use of our products. This is a do-it-yourself product and our advice is to always test before using.
Please refer to our Refunds Policy for more information.
Nothing in this agreement shall exclude or limit your statutory rights.
A person who is not a party to this agreement and Terms of Service has no right to enforce any term of this agreement.
We do not guarantee, represent or warrant that your use of our website and the service we provide will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Custom Vinyl, and its directors, officers, employees, consultants, agents, affiliates, subsidiaries, partners, contractors, licensors, service providers, subcontractors, suppliers, and interns be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
12. Intellectual Property
All and any Intellectual Property Rights in connection with the Products displayed on this website and other related website and social media channels shall be owned by us absolutely.
13. Transfer of Rights and Obligations
This agreement is between you and us and is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of an agreement, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of this agreement, or any of our rights or obligations arising under it, at any time during the term of the agreement without written consent.
14. Events Outside of our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an agreement that is caused by events outside our reasonable control (“Force Majeure Event”), which applies to local events preventing the delivery of the services outlined in this agreement and, but not limited to, events that prevent the delivery of products purchased through this website, and other related websites.
15. Changes to the Terms of Services
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
16. Notices and Contact Information
Please contact us with regards these Terms of Service by email at firstname.lastname@example.org.