E-Commerce Terms & Conditions


eCommerce Terms and Conditions of Sale

Thank you for engaging Long Story Short to provide design and print services for you.

These terms and conditions explain how we will work with you, including orders, payment and delivery of our work.  There is also some important legal stuff to understand, including our license of intellectual property.

By placing an order with us, you agree to be bound by these terms and conditions, so please take some time to read and understand them.  If there is anything you don’t understand, please don’t hesitate to get in touch.

 

  1. PARTIES

These terms and conditions form a legally binding agreement between Liao and Moreta Holdings Pty Ltd (ACN 634 266 998) trading as Long Story Short Design and Print (Long Story Short; Us; We) and the person specified in any order for Our services (Client; You).

 

  1. Orders

Orders can be placed either through our website, or by emailing us at:

hello@longstoryshortdesign.com.au

We take a collaborative approach to our work and we understand that it can be easier to discuss a potential brief before placing an order.  We also understand that sometimes you may just want us to provide a quote.  We welcome the opportunity to respond to your initial enquiries.

Please note that when you submit an order with Us, no agreement is formed until we process and accept your order and take payment. If you have submitted an incomplete order or there has been an error with the ordering process, we may contact you to discuss your options before we accept your order.

The ordering process may be different for logos, label designs and printing services.  Please see our Frequently Asked Questions  for more information.

For all custom orders, the specific deliverables We provide to You for each engagement will be specified in our order summary or final proof.

We may provide you with different concepts, versions, variations or options, depending on the services You have ordered from Us.  The inclusions are specified in each summary.  Any concepts, versions, variations or other deliverables beyond those included in an summary will be subject to additional fees.

If we have discussed a service or deliverable but you don’t see it included in an summary, please contact Us and let Us know. 

  1. Our Services

We provide custom and ready-made design and print services.

  1. Payment

Our prices will either be listed on our Website or on a quote provided to you prior to You accepting it.

When you place an order, you agree to pay our listed prices. You may pay for your order using any method of payment available on our Website from time to time or stated in our order confirmation.

All custom orders are invoiced by US and accepted by US upon payment.

You acknowledge and agree that your payment in full in cleared funds is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. 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. No work will be started by us until payment clears in full.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor (such as PayPal or Afterpay), which are available on their respective Websites. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly.

We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website or updating our quote or order confirmation prior to acceptance by you.

 

  1. Design and print

Customer Supplied Files

If you are providing your own artwork, it must be:

  1. in a print ready format;
  2. resolution of at least 300 DPI;
  3. PNG, AI, EPS, JPEG or PDF file format;
  4. if the design contains fonts, all fonts are outlined, or you know the name of the fonts.

Additional fees will be incurred if we need to re-design any element of your design.

We may from time to time need to charge setup fees to make your artwork print ready. We will communicate this to you before commencing any work. 

Custom Design

Custom Design can be completed at your request. All custom design concepts will be supplied to you in the form of proofs. Upon confirmation of proofs, all files will be held by Long Story Short available for future reorders. 

Once the Custom Design process has started, Long Story Short will not refund based on change of mind. 

Proof & Acceptance

WE WILL PROVIDE A FINAL LAYOUT FOR FINAL APPROVAL PRIOR TO PRINTING. IT IS YOUR RESPONSIBILITY TO MAKE SURE ALL DESIGN ELEMENTS AND COPY IS CORRECT, AND THERE ARE NO ERRORS. THERE CAN BE NO CHANGES ONCE FINAL PROOF IS ACCEPTED. IF CHANGES ARE MADE POST APPROVAL, ADDITIONAL CHARGES MAY APPLY. WE DISCLAIM ANY LIABILITY FOR ERRORS ONCE THE FINAL LAYOUT HAS BEEN APPROVED BY YOU.

Colour

We use a CMYK printer, and as such colours can vary from the computer screen. We will do our best to match colours however this is not always possible. We disclaim any liability for colour variations occurring because of our use of a CMYK printer.

 

Deliverables

The deliverables we will provide to you are described in the relevant product or service page on our Website or in our quote. Please note for custom design work, we offer options in our quote with and without design files. If you select the “without files” option, we will not deliver any design files to you. If you subsequently request the files, we may agree to provide them to you at further cost, in our absolute discretion. If you select the “with files” option, we will deliver design files to you in PDF format. Nothing in this agreement obliges us to provide you with our working design files (such as Adobe Illustrator files files). If you request these, we may agree to provide them to you at further cost, in our absolute discretion.

  1. INTELLECTUAL PROPERTY

You acknowledge and agree that we own or control all intellectual property rights in all text, graphics, designs, labels, logos, artworks and other works and materials which are developed or created by us (Our Materials). The intellectual property rights in Our Materials will be licensed to you under the terms of Our Licence (defined below) and are not transferred to you unless such transfer is specified in this agreement or specified by us in writing in connection with any order placed by you. 

You grant to us a royalty-free, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use all text, graphics, photos, designs, trademarks, logos, artworks and other materials that you provide to us for the purpose of us providing the design and print services under this agreement (Your Materials).  You warrant that you own the intellectual property rights in Your Materials, or that you have the written permission of the owner of the intellectual property rights in Your Materials to license Your Materials to us in the manner set out in this agreement.  You warrant that Your Materials: (i) are not indecent, obscene, discriminatory or offensive; (ii) do not infringe on any third party rights (including intellectual property rights and rights of confidentiality and privacy); (iii) are not defamatory; (iv) are not misleading or deceptive; and (v) are not illegal or contrary to any laws, regulations or applicable industry codes. 

Ready-made label designs

If you purchase ready made labels from us, you will receive the printed labels only.  We will provide the labels to you under the terms of Our Licence (defined below).  You will not receive any associated design files from us and you will not acquire ownership of any intellectual property rights in or to the label designs.

Custom label designs

If you purchase custom made labels from us, you may elect to purchase the printed labels only, or the printed labels and the design files for those labels, as follows:

Printed labels only

If you purchase printed custom labels only, we will provide the labels to you under the terms of Our Licence (defined below).  You will not receive any design files from us and you will not acquire ownership of any intellectual property rights in or to the custom label designs.

Printed labels and design files

If you purchase printed custom labels and the associated design files, you will receive the printed labels you have ordered and an editable PDF or EPS file containing the design, as well as relevant links to download font files, once the final proof has been confirmed.   Unless specified by us in writing in connection with any order placed by you, we will provide the labels and associated design files to you under the terms of Our Licence (defined below) and you will not acquire ownership of any intellectual property rights in or to the custom label designs or associated design files.

Logo designs

If you purchase a logo design from us, you will receive an editable PDF or EPS file containing the design, as well as relevant links to download font files, once the final proof has been confirmed.  Please note that we do not provide print-ready files. Print-ready files can be ordered at an additional cost.  Unless specified otherwise in an order, if you purchase a logo design from us, upon full payment of the price for that logo design you will acquire ownership of the intellectual property rights in the logo design and this agreement will be effective to transfer those intellectual property rights to you (including by way of present assignment of future copyright).  We retain the intellectual property rights in each logo design until such time as you have paid the full price for that logo design.

Our Licence

We agree to grant you a royalty-free, perpetual, worldwide, revocable, non-exclusive licence to use Our Materials as an end user for personal or commercial use, subject to the following restrictions.

You may use Our Materials on commercial products that you sell and in connection with the promotion of your business or organisation. You must not sublicense, sell, resell, share, distribute or transfer Our Materials, or attempt to do any of those things, without our prior written consent.  This includes instructing another designer or printer to re-create, crop, edit, vary or print Our Materials. 

You must not use Our Materials: (i) for any illegal purpose or in any manner which is contrary to any laws, regulations or applicable industry codes; (ii) in any manner which is indecent, obscene, discriminatory or offensive; (iii) in any manner which infringes on any third party rights (including intellectual property rights, rights of confidentiality and rights of privacy); (iv) in any manner which is defamatory; or (v) in any manner which is misleading or deceptive.

You warrant that you will not use Our Materials in any way that is not authorised by Our Licence.  You understand that components of Our Materials may be owned by a third party and any unauthorised use of Our Materials by you may infringe the copyright of that third party. 

You indemnify us and our related and associated bodies corporate, and all of our and their employees, officers, agents, successors and assigns (each an Indemnified Party) against any and all losses, liabilities, expenses, damages and costs (including legal costs on a full indemnity basis) sustained or incurred by any Indemnified Party arising out of or in connection with: (i) any breach of any warranty by you which relates to Your Materials or Our Materials; (ii) any third party claim which relates to our use of Your Materials; (iii) any claim which relates to your use of Our Materials in any manner which is not permitted by Our Licence.

Our Licence is granted on our receipt of payment in full of the price specified in an order.  If you breach the terms of Our Licence we may immediately revoke Our Licence and we may pursue you for an appropriate remedy, which may include a claim for damages or an account of profits.

You understand and agree that we may reproduce or publish Our Materials to promote our business, including by entering Our Materials into design competitions.

  1. POSTAGE AND DELIVERY

Our postage prices are quoted for Australian residents only.  Should you need international shipping please contact us for a quote.

Dispatch Timeframes

All timeframes listed on our website are an estimation.  We will always do everything in our power to keep to them, however certain things outside of our control can extend these timeframes such as: a particularly large or difficult job, peak times, or periods where we have sales or promotions.

We do our best to get your designs and printing out to you as soon as possible. To provide a quality product this can sometimes take time.

On receipt of payment, we will discuss with you your requirements, and ask for as much information as you can provide. We will always provide an estimate time frame as each job is different.

Delivery Address

It’s your responsibility to make sure that your 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 and issue a refund in accordance with this agreement.

Domestic Postage

We post our products with Australia Post or such other delivery service provider as we deem appropriate.

We highly recommend that you elect to have your order delivered by tracked post to reduce the likelihood of your delivery being lost in transit.

In the event of items 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 third-party postal service, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.

Rates

You agree to pay to us postage fees as calculated at checkout. Postage fees are capped at $10 for all orders.

Our delivery service providers (including Australia Post and couriers) may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.

For more information, see our Shipping Policy here [LINK].

Risk

Risk in each order passes to you on delivery to your nominated address. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.

Once we have received confirmation of delivery from our delivery service provider, we will not be responsible for any refund or replacement in respect of that order (unless the goods fail to meet another consumer guarantee, as set out below).

  1. REFUNDS & RETURNS

Refund Policy and Procedure

Please note that our refund policy is limited to refunds under the Australian Consumer Law, as referred to below. For refund requests, please contact us at customerservice@longstoryshortdesign.com.au within 14 days of receipt.

We don’t accept refunds if you change your mind or if we have already started work.

If there is an issue with your order, including any delivery errors or any quality issues with printing, please contact us within 14 days so that we can try to resolve the issue.

For more information on Returns, please see our policy here.

  1. LIMITATION OF LIABILITY

Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law.

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:

  1. refund of the purchase price;
  2. replacement of the product or re-supply of the services;
  3. repair of the product;
  4. payment of the cost of having the product repaired;
  5. payment of the cost of having the services supplied again; or
  6. such other fair and reasonable remedy as we are ready and willing to provide.

You also understand and agree that we will not be liable for any loss or damage you suffer due to any errors in any works we produce (such as spelling or colour errors) where such error was included in a proof and approved by you or on your behalf.

To the extent permissible by law, we won’t, under any circumstances, be liable for negligence or any consequential loss or damage or other direct or indirect loss or damage whether or not that loss was in your or our contemplation at the time you placed an order with us, including any loss of profit, loss of revenue, loss of data, loss of opportunity, loss of contract or loss of goodwill.

If for any reason the ACL doesn’t apply to an order you place with us (for example, if you are purchasing from outside Australia), then we exclude all liability to you.

  1. TERMINATION

We may terminate this agreement at any time by giving written notice to you.  On giving such notice, you must pay all fees and expenses incurred by us up to the time of termination, and we’ll refund any amounts paid by you in respect of goods or services not yet provided by us. 

If this agreement is terminated, all rights and obligations accrued up to the date of termination are not affected.  This clause, as well as any other clause which by its nature is intended to survive termination, will survive termination.

  1. LAWS APPLICABLE TO SCRATCHIES

We make our scratchie templates available to you free of charge and invite you to submit a design and print order for discount customer loyalty scratchies by providing us with your logo, discount codes and discounts.

As the rules for games of chance or skill are different in each jurisdiction, we are not able to warrant or guarantee that these scratchies are suitable for your intended use in your jurisdiction. Please be aware that you may be required by law to have a gaming permit. Please consult your local gaming authority for more information.

If you intend to use the scratchies as gift vouchers, you should also be aware of the rules in your jurisdiction around terms and conditions of gift vouchers.

Unfortunately, we can’t assist with any enquiries about laws applicable to your scratchies. We encourage you to seek independent legal advice to ensure that the scratchies are suitable for your intended purpose in your jurisdiction.

We specifically exclude any warranty or guarantee that the scratchies will be suitable for your intended purpose.

Please note that we will not be liable for any loss or damage arising out of your use of the scratchies (unless the goods fail to meet another consumer guarantee, as set out above).

  1. GENERAL

Advice and Information - We may give you general recommendations, information or assistance during or in relation to our services. This information is general in nature and is not intended to be or substitute for you obtaining your own professional advice. You should seek professional advice specific to your circumstances where required. We give information to you in good faith, believing it’s appropriate at the time but we don’t give any warranty in relation to that information and we don’t accept any liability or responsibility for any loss suffered because of your or any other person’s reliance on such information.

Dispute Resolution - If a dispute arises out of these conditions, we ask that you contact us in the first instance and we’ll do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within 30 days, we’ll go to mediation in Sydney, New South Wales and split the costs of that equally.  Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).

Events Beyond Control - As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer or printer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue.  While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

Privacy - We take your privacy seriously and any information provided in establishing this agreement is subject to our Privacy Policy, which is available on our Website.

Variation - We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on publication. Your continued use of the Website indicates your acceptance of any revised terms.

Severance - If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the conditions will remain in force.

Jurisdiction - As we’re based in New South Wales, these conditions will be governed by the laws of that state. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales.