MyCustomWall

Terms & Conditions

Terms and Conditions

  1. User agreement

 

  1. Legal Capacity

minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

 

  1. Supply of services to You / Termination

 

  1. Disclaimer

 

  1. Use of Website by you
  1. Information on this Website
  1. Orders
  1. Non Commercial Use of products featuring images supplied through the Website
  1. Price
    • The prices of products, delivery and other charges shown are in Australian dollars ($AUD and includes GST where GST is applicable at check out. *Note: The ‘Live Price’ function featured on this website is not inclusive of shipping & handling charges (Unless otherwise advertised).
    • Where your local currency isn’t displayed all prices shown will default to AUD Dollars ($AUD).
    • Unless stated otherwise on the Website, prices are valid only for the specified time period during which the products are advertised for purchase.  If a product is advertised subsequently, its price may change.
  2. Payment
    • All payments must be received in full at the time of placing the order. Please read the Payment section of the Website contained in the FAQs for details of payment options.
    • If your payment is not received or declined by your bank or credit card issuer, we cannot hold products against your order or begin to manufacture them.
    • We only accept payment by MasterCard and Visa.
    • We will not be responsible for any loss or damage that you may suffer if a third party acquires unauthorized access to data that you have provided to us when ordering from our Website.
    • Gift cards, Coupons & Special Offers cannot be refunded or returned, unless required by Law. They cannot be exchanged for cash or used in-conjunction with other offers with the exception of Gift Cards. Please refer to Special Conditions marked at the bottom of each Coupon or Special offer.
  3. Supply of Products
    • Subject to this agreement, we will supply to you the products shown on your order confirmation.
    • You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met. Please read the Delivery section of the Website contained in the FAQs for delivery options and details.
    • We do not allow personal pick up of products.
    • A signature may be required at delivery.
  4. Risk and Title
    • We retain ownership of goods ordered through the Website until payment is received in full.
    • Risk in goods, such as loss or damage, passes to you upon delivery.
  5. Refunds
    • Please choose carefully as we are not obliged to provide a refund or allow an exchange simply because you changed your mind about a purchase.
  6. Image Quality
    • Our Image Quality Meter at our Website is a guide only and should not be relied upon as your sole factor in determining whether an image is suitable for the product you order.  It is important that you appreciate that a low quality image (ie. a low file size or resolution) may appear grainy, blocky or otherwise of low quality when enlarged.  Further, the colours in the image displayed on your screen may vary from the colours of the image in the final printed product depending on the colour, contrast and other settings on your computer and monitor.
    • Note the Website may provide you with a “poor resolution warning” message at checkout if we believe your image is of insufficient resolution for the size of the product you are ordering.  However, we will not be liable to you if your image is of insufficient resolution for the product ordered even if this message is not displayed.  As previously noted, ultimately it is up to you to determine whether an image is suitable for the product (and size of the product) ordered by you.
  7. Products Out of Stock
    • We reserve the right to notify you that products for which you place orders have become unavailable.  Subject to clause 8, in the event that you order a product from the Website and we later inform you that we no longer stock the product or can’t make the relevant image available that you had originally ordered, we will provide you with a credit or refund to the value of the product that was not supplied to you including the delivery fee.
  8. Statutory Conditions and Warranty / Refunds / Replacements
    • The Australian Consumer Law (“Law”) which forms part of the Competition and Consumer Act 2010 (Cth) implies into consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Australian Consumer Law, a “major” failure, then the remedy will be limited to a refund or a replacement, at your election.  In all other cases, a breach of such warranty will give rise to a refund or replacement at our election.
    • You must retain your proof of purchase for any manufacturer warranty claims.
    • As supplier, we provide the following express warranties subject to the following terms and conditions:
      • We will refund or replace the product as the case may be (with us or you deciding and determining the action to be taken according to whether the failure is major or non-major, as stated above) in the circumstances and to the extent required under the Law if the product you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product.
      • Where a refund or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law require the return of the product to us before refunding or replacing it.  We will pay for, or reimburse you for, any shipping costs to return the original product to us.
      • Replacement products are subject to the same warranties as the original.
      • Refunds will be issued by direct deposit or cheque at our discretion.
      • In order to obtain these remedies:
        • You must notify us within a reasonable time of supply of the goods. In this context a ‘reasonable time’ is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of goods.  In many cases this will be 7 to 14 days, but in some circumstances may be longer.  Please contact us. Once contacted we will advise you of the best way to return any products. We may not accept products returned without a Return Authorisation Number or if the product’s original backing sheet has been tampered with or removed.  Please email us at help@mycustomwall.com.au and we will notify you of how to make arrangements for returns if applicable.
        • Except if and to the extent the Law requires otherwise, replacement of products or refund and reimbursement of freight costs will not be made until the original product is received by us and your claim verified.
        • We aim to process refunds and replacements within 28 days of receipt by us of the original product.
        • We will not refund or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care.
        • Goods that develop a defect after first use may also be covered by manufacturer warranty.  You may also wish to contact the manufacturer regarding returns and repairs.
  9. Links to third party websites and promotions
    • The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated or provided by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we do not represent that we have reviewed any of these third party websites, content or resources and we are not responsible for the material contained there or which you subsequently use in any of our products.
    • From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of our Privacy Policy. For example, the personal information you provide when registering on the Website may be used, or disclosed, for the purpose of sending you marketing or promotional material about a third party business that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation.
  10. Intellectual property
    • We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
    • Other trade marks, images and other materials used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
    • You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
    • If you correspond or otherwise communicate with us in circumstances where it is reasonable from the context of your communication to expect that you intend the correspondence or communication to be made accessible to other users of the Website, then you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.
  11. Transfer and Assignment
    • In the event that we merge, sell or otherwise change control of our business or this Website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer novate or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
  12. Force majeure
    • We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
  13. Applicable law
    • This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
    • If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
  14. Waiver
    • If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.
  15. Mounting and Removing
    • It is your responsibility as to whether the wall or surface to which you will mount or hang the product is suitable and whether removal of the product will cause any damage to the wall or surface.  Before mounting or hanging the product, you should first sample test whether the wall or surface is peeling, deformed, rendered or similar and if so, you should not use the products on that wall or surface.  Product samples are available on the website; http://www.mycustomwall.com.au
    • Do not use household cleaners to clean the walls or surfaces to which the products are to be applied as such cleaners may leave behind a thin layer of residue that could affect the adhesive nature of this product.  We suggest that you clean the surface slightly with isopropyl rubbing alcohol and let dry.
    • Caution: do not use the products with delicate or paper wallpaper surfaces.  You should not use the products on walls or surfaces of antiques, heirlooms or other valuable or irreplaceable items.  Removal of the product from some painted walls and surfaces can cause paint to be removed from that wall or surface in certain instances.  As noted above, we suggest you sample test a section of the wall or surface as we will not be liable to you in any way for damage to paint on a wall or surface caused by the adhesion or removal of the product.
    • We will not be liable for any loss or damage arising from incorrect use of the product (including whether direct, indirect, special, incidental or consequential) or for any damage to walls or surfaces resulting from applying or removing the product.
  16. Delivery & Overseas Shipping
    • Delivery and re-delivery fees are non-refundable except where required by Law.
    • We use only reputable freight forwarding services. The cost of delivery and shipping will automatically be calculated for you before you commit to purchase. We use Australia Post.
      • If you are shipping overseas custom, duty, taxes and fees (if any) are your responsibility.  Unfortunately we have no control if any custom, duty, taxes or fees imposed on your order.
    • Delivery times will vary depending on your delivery location.
    • Please note that some carriers may require a signature upon delivery. If there’s no authorised person at the delivery address to sign for the parcel, then the delivery driver may leave a card with instructions re-delivery or collection instructions.  Additional charges may apply for multiple delivery attempts.
  1. Promotions

All competition entrants understand that any image or video submitted may be used by MyCustomWall, for marketing and promotional purposes on our social media pages (Facebook, Instagram, YouTube).

 

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