PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to ElectricConfetti.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
1. AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and ElectricConfetti.com’s rights and obligations to each other.
- “Seller” shall mean Electric Confetti Pty Ltd and its successors and assigns.
- “Buyer” shall mean the Buyer or any person acting on behalf of and with the authority of the Buyer.
- “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Buyer if a Limited Liability Buyer on a principal debtor basis.
- “Goods” shall mean Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined).
- “Services” shall mean all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Services as defined supra).
- “Price” shall mean the cost of the Goods as agreed between the Seller and the Buyer subject to clause 4 of this contract.
- Any instructions received by the Seller from the Buyer for the supply of Goods and/or the Buyer’s acceptance of Services and/or Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.
- The Seller shall provide digital design concepts during the design concept stage with the Buyer inclusive of font type, sizing and colour selection.
- Once the Buyer has selected their prefered concept the Seller will produce final artwork for approval again sent in digital format noting that this document supercedes any other previous correspondence and or discussions
- Once payment has been made in full the final artwork issued will be deemed as approved and the Seller will commence manufacture in accordance with their timeframes previously identified unless previously agreed.
- Where more than one Buyer has entered into this agreement, the Buyers shall be jointly and severally liable for all payments of the Price.
- Upon acceptance of these terms and conditions by the Buyer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.
- None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.
The Goods shall be as described on the invoices, quotation, work authorisation, sales order or any other work commencement forms as provided by the Seller to the Buyer.
5. PRICE AND PAYMENT
- At the Seller’s sole discretion;
- The Price shall be the Seller’s current price at the date of delivery of the Goods according to the Seller’s current Price list; or
- The Price shall be as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied; or
- The Price of the Goods shall, subject to clause 7.2, be the Seller’s quoted Price which shall be binding upon the Seller provided that the Buyer shall accept in writing the Seller’s quotation within thirty (30) days.
- The Seller may by giving notice to the Buyer at any time up to seven (7) days before delivery increase the Price of the Goods to reflect any increase in the cost to the Seller beyond the reasonable control of the Seller which increase the cost of the Goods/Services by more than 10% of the quoted Price.
- The Buyer understands that Goods will not be ordered until the Seller has received full invoice payment.
- Payment will be made by cash or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Buyer and the Seller.
- The Buyer understands that the Quote includes GST but does not include delivery, installation or any other associated costs unless otherwise specified.
- The Price shall be increased by the amount of any other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.
6.DELIVERY OF GOODS/ SERVICES
- The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, or delivery of the Goods shall be made to the Buyer at the Sellers address.
- The costs of carriage and any insurance which the Buyer reasonably directs the Seller to incur shall be reimbursed by the Buyer (without any set-off or other withholding whatever) and shall be due on the date for payment of the Price. The carrier shall be deemed to be the Buyer’s agent.
- The Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that;
i) such discrepancy in quantity shall not exceed 5%, and
ii) the Price shall be adjusted pro rata to the discrepancy.
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Orders are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days after arrival of stock, depending on the delivery option. Damaged or lost orders should be resolved with the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of ElectricConfetti.com.
The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated. The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
7. INTERNATIONAL DELIVERIES
All international orders are shipped via FedEx. The prices are direct from FedEx, based on the final delivery point and the weight of the package. Please note, these rates are calculated by FedEx, we do not profit from shipping. ElectricConfetti.com is not responsible for customs fees incurred from importing goods. The customer assumes responsibility for any additional charges on rejected packages. For all International customers, it is your responsibility to find out what your electrical requirements and codes are. Our product is made for the Australian and New Zealand market. We do not accept returns for international orders.
8. REFUNDS/ DEFECTS/ RETURN OF GOODS
- The Seller will not refund any monies paid or accept any returns for Custom Order Products.
- If the Goods arrive to the Buyer in a damaged state, the Buyer is required to notify the delivery agent and the Seller within 24 hours in writing inclusive of photography evidence of the damage to the Goods and associated packaging to verify. Failure to comply with this request and timeframe will void the Seller obligations.
- Due to the hand rendered nature of the Goods, they can be subject to variations and slight discolourations. Some variations in colour can also occur as a result of the computer screen and printer calibration. The Buyer acknowledges that these variations and discolourations are not a fault of the Products and accepts the potential of such occurrence.
- The Buyer shall inspect the Goods on delivery and shall within forty-eight (48) hours of delivery notify the Seller in writing of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
- The Buyer acknowledges that the Goods are for indoor use only.
- The Buyer acknowledges that they have or will receive adequate instruction on the correct use of the Goods prior to delivery and accepts any liability, including all costs associated with repair or replacement of the Goods as a result of incorrect use.
- The Seller offers a one-year manufacturer’s warranty (“Warranty”) on the Goods. The Warranty does not cover general wear and tear or damage as a result of misuse of the Goods.
- Should the Buyer arrange for a third party contractor to hardwire the Goods then they accept that any warranties have been voided.
10. INTELLECTUAL PROPERTY, COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
- Where the Seller has designed or drawn Goods for the Buyer, then the copyright in those designs and drawings shall remain vested in the Seller, and shall only be used by the Buyer at the Seller’s discretion.
- Conversely, in such a situation, where the Buyer has supplied drawings, the Seller in its sale conditions may look for an indemnity (the specifications and design of the Goods (including the copyright, design right or other intellectual property in them) shall as between the parties be the property of the Seller). Where any designs or specifications have been supplied by the Buyer for manufacture by or to the order of the Seller then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party.
- The Buyer warrants that all designs or instructions to the Seller will not cause the Seller to infringe any patent, registered design or trademark in the execution of the Buyers order.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
ElectricConfetti.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
11. LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that ElectricConfetti.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
12. COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), ElectricConfetti.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
13. LINKS TO OTHER WEBSITES
ElectricConfetti.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between ElectricConfetti.com and the owners of those websites. ElectricConfetti.com takes no responsibility for any of the content found on the linked websites.
ElectricConfetti.com’s website may contain information or advertisements provided by third parties for which ElectricConfetti.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, ElectricConfetti.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. ElectricConfetti.com gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of ElectricConfetti.com to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
15. YOUR PRIVACY
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. ElectricConfetti.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data ElectricConfetti.com collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
16. THIRD PARTIES
ElectricConfetti.com does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
17. DISCLOSE YOUR INFORMATION
ElectricConfetti.com may be required, in certain circumstances, to disclose information in good faith and where ElectricConfetti.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
18. EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of ElectricConfetti.com. ElectricConfetti.com expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then ElectricConfetti.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. ElectricConfetti.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
19. WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and ElectricConfetti.com concerning your use and access to ElectricConfetti.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
20. EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of VIC and Australia. If there is a dispute between you and ElectricConfetti.com that results in litigation then you must submit to the jurisdiction of the courts of VIC.