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Terms & Conditions

1. About the Website

 

1.1  Welcome to www.stampingmemories.com (the 'Website'). The Website provides you with an opportunity to browse and purchase products that have been listed for sale through the Website (the 'Products'). The Website provides this service (the ‘Service’) by way of granting you access to the content on the Website (the 'Purchase Services').

 

1.2  The Website is operated by Stamping Memories Pty Ltd (ACN 664113455), a company incorporated under Australian laws. Stamping Memories prints posters (“Products”) directly to customers (“Customers”). Access to and use of the Website, or any of its associated Products or Services, is provided by Stamping Memories Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsing, and/or reading the Website, this signifies that you (the ‘User’) have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

 

1.3  Stamping Memories Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Stamping Memories Pty Ltd updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the

Terms. Any changes to the Terms take immediate effect from the date of their publication.

Before you continue, we recommend you keep a copy of the Terms for your records.

 

2. Customers

2.1  The Customer certifies to Stamping Memories that if the Customer is an individual (i.e., not a corporation) the Customer is at least 18 years of age. The Customer also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

 
3. Personal data

3.1  Violation of any articles of this Agreement or other rules will prohibit Users to use the website.

 

3.2  Without limiting other remedies, we may limit, suspend or terminate our Service, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep Users off the website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.

4. Payments 

4.1  When you order a Product you will be charged the current fees, which we may change from time to time (such as when we have sales or offers on base product price).

 

4.2  Payment of the Purchase Price may be made through Stripe, Afterpay  (the'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Stamping Memories, Privacy Policy, and other relevant legal documentation provided by the Payment

Gateway Providers.

 

4.3  By placing an order through the website, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment.

 

4.4  We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.

 

4.5 The User is responsible for paying all fees, payments, and applicable taxes associated with our website and Products. After receiving your order you will receive an e-mail from us confirming the details, description, and price for the Products ordered.

 

4.6  Payment of the total price plus delivery must be made in full before the dispatch of your Products.

 

4.7  Stamping Memories accepts payments using Stripe and Afterpay via a secure online facility. Stamping Memories does not store your credit details. Please note that if your payment declines at the point of purchase, Stamping Memories will not receive any notification of the order being placed. Depending on your banking circumstances, you may have to pay additional exchange rate costs and fees as charged by your credit card issuer. We will not be liable for any costs associated with exchange rates or bank fees. As per our privacy policy, Stamping Memories does not collect or retain any of your financial information.

5. Price & GST

5.1 All prices are in Australian dollars (AUD) and inclusive of GST unless otherwise specified. Any currency conversion costs incurred in association with a purchase are not covered by our refund policy and are considered your responsibility.

 

5.2 Prices displayed on this website are current at the time of issue but may change at any time and are subject to availability. Prices and availability of products and services are subject to change without notice. Stamping Memories may change the prices published on this website at any time. Prices of products or services placed in the basket but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images, and information displayed on this website, Stamping Memories is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation.

6. Shipping, returns, and right of withdrawal

6.1  All orders are processed and dispatched within one to two business days of payment being cleared. Please allow between 4-7 business days for standard delivery ($7.90) in metro areas and 7-14 business days for remote areas. For Express delivery ($19.90) please allow up to 3 business days. Please note that Stampingmemories cannot be held liable for any loss, damage, or delay incurred by our carriers.

 

Stamping Memories cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. The delivery times listed on the website is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming orders are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make the delivery of the Product as simple as possible.

6.2  From the moment your order is placed, you have 5 hours to change the order. We are not bound to make changes to your order if the changes are coming in later than the given time limit.

 

6.3  Stamping Memories will leave your parcel at your premises if unattended. You agree that the parcel is deemed received when left at your premises. Stamping Memories will not be responsible for parcels accepted by a third party or an Authority to Leave.

 

Stamping Memories and contractors associated with the delivery do not accept responsibility for any loss or damage which results from this Authority to Leave delivery method. You agree to release Stamping Memories from and against any and all claims, demands, liabilities, losses, costs, and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave. If you do not wish to give Stamping Memories Authority to Leave, you must notify us in writing at the time of placing your order and you will have to be at your premises in order for the delivery to occur.

 

6.4  Stamping Memories Pty Ltd may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

Stamping Memories will review the replacement of Products within 30 days of placing an order. If a Product is missing, damaged, or subject to print error, Stamping Memories will replace the erroneous Product with a new Product. To issue a refund process based on the aforementioned reasons, email us at contact@stampingmemories.com

 

For the sake of clarity, Stamping Memories is not responsible for situations when the Customer has provided incorrect information, such as the wrong Customer name or address. In such cases, an extra payment will be applied.


6.5 If your item arrives damaged please contact us within 48 hours with your order number as well as photographs and descriptions of the damage exactly as they have arrived to you. We'll assess damage on a case-by-case basis, and it's at our discretion to determine whether an item can be returned and replaced or repaired on the basis of damage. Stamping Memories reserves the right not to accept a request for exchange or store credit for any product that is not faulty and/or falls outside our Returns Policy.

Stamping Memories reserves the right to refuse a damaged return if you haven't sent us an email notification and appropriate corresponding photographs within the specified time period after receiving your order.

 

6.6 Your product should be carefully repackaged in an appropriately protective post bag to avoid any damage during delivery. Consider using tracked or registered mail carrier to track your item for your own peace of mind. Please retain proof of postage until we have confirmed your replacement or refund has been processed. The product must be unused, unscratched, not altered, and in its original packaging. All original labels must be attached and the product(s) must be in their original condition. We reserve the right to refuse returns if they don't meet the conditions above.

 

We're sorry, but we don't offer refunds or replacements if the customer:

  • simply changes their mind

  • decides they do not like the purchase

  • decides they have no use for it

  • damages the goods by using them in a way that is unintended

SALE items cannot be returned other than as required by Australian laws.

 

7. Description of products

7.1  Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific design page on our website. We always try to represent each design as accurately as possible.

 

7.2  We have a policy of continuous Product development so we can provide you with what we consider the best design combined with the best performance, and thus reserve the right to amend the specifications of Products, their price, and packaging without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design.

 

7.3 We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the Product.

8. Purchase of Products

8.1 Your order represents an offer to us to purchase a product that is accepted by us once we have sent you an e-mail order confirmation. Any Product on the same order which we have not confirmed in an order confirmation e-mail does not form part of that contract.

 

8.2 Stamping Memories shall under no circumstances be held liable for any special losses due to specific circumstances of the User and/or Customer, indirect or consequential losses, or wasted expenditure.

 

8.3 Orders are placed and received exclusively via the website. Before ordering from us, it is the Customer’s responsibility to check and determine the full ability to receive the Products. Correct Customer’s address and postcode/zip code, User’s up-to-date telephone number, and e-mail address are absolutely necessary to ensure successful delivery of Products.

 

8.4 All information asked on the checkout page must be filled in precisely and accurately. Stamping Memories will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, notify a change in a phone number or any other special requirements, please contact Stamping Memories.

9. Copyright and Intellectual Property

9.1 The Website, the Purchase Services and all of the related products of Stamping Memories Pty Ltd are subject to copyright. The material on the Website is protected by copyright under Australian laws and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips, and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Stamping Memories Pty Ltd or its contributors.

 

9.2 Stamping Memories Pty Ltd retains all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

  1. the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of Stamping Memories Pty Ltd; or

  2.  the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

  3. a system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a system or process).

 

9.3 You may not, without the prior written permission of Stamping Memories Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. 

10. Privacy, Personal Data, and Cookies

10.1 By approving the Agreement the Customer accepts the use of cookies on the website. Furthermore, the Customer accepts that Stamping Memories will store and use relevant personal data about the Customer in order to deliver the Product.

 

10.2 Stamping Memories Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Stamping Memories Pty Ltd's Privacy Policy, which is available on the Website.

11. Indemnity

11.1 You will indemnify and hold Stamping Memories (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

12. Limitation of Liability

12.1 Stamping Memories Pty Ltd's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Stamping Memories Pty Ltd is the resupply of information or Purchase Services to you.

 

12.2 You expressly understand and agree that Stamping Memories Pty Ltd, its affiliates, employees, agents, contributors, third-party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit {whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 

12.3 Stamping Memories Pty Ltd is not responsible or liable in any manner for any website content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Stamping Memories Pty Ltd, by third parties or by any of the Purchase Services offered by Stamping Memories Pty Ltd.


12.4 You acknowledge that Stamping Memories Pty Ltd does not provide the Delivery Services to you and you agree that Stamping Memorie Pty Ltd will not be liable to you for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

13. Law and Jurisdiction

13.1 If a dispute arises between you and Stamping Memories, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

13.2 Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in Australia.

 

13.3 Any dispute or claim arising out of or in connection with the Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Australia.

14. Governing Law

14.1 The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

15. General Disclaimer

 

15.1 You acknowledge that Stamping Memories Pty Ltd does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than those provided for pursuant to these Terms.

 

15.2 Stamping Memories Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colors, and packaging may differ from what is displayed on the Website.

 

15.3 Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

 

15.4 Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and

(b) Stamping Memories Pty Ltd will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit, or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

 

15.5 Use of the Website, the Purchase Services, and any of the products of Stamping Memories Pty Ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Stamping Memories Pty Ltd are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third-party content providers, or licensors of Stamping Memories Pty Ltd including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Stamping Memories Pty Ltd) referred to on the Website. 

This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data,     communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;

(b) the accuracy, suitability, or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third-party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Purchase Services, or any of the Products;

(d) the Content or operation in respect to links that are provided for the User's convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive, or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

 

15.6 You acknowledge that you have all necessary permits to grant us the ‘Customer’s’ personal data to fulfill this Agreement.

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