eCommerce Terms and Conditions of Sale
These are the Terms and Conditions of Sale for Liao and Moreta Holdings Pty Ltd (ACN 634 266 998) trading as Long Story Short Design and Print (Long Story Short) for all goods and services sold by us, including on our website, www.longstoryshortdesign.com.au, which is owned and operated by Long Story Short (Website).
ORDERS AND PAYMENTS
While we take every care to make sure our online store is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error or ticket availability issue).
Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been a Website error leading to your order, we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, or for a different date or event).
You agree to pay us the price listed on our Website or in our quote (subject of course to the proviso above, in the case of accidental errors and omissions). You may pay for your order using any method of payment available on our Website from time to time or stated in our quote.
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, unless otherwise arranged between both parties.
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 prior to acceptance by you.
If you fail to pay us for an order, or if an insolvency event occurs in relation to you (for example, if you commit an act of bankruptcy or become insolvent), we may terminate this agreement.
Paying with Vouchers
We may from time to time provide customers with vouchers for use on our Website. Unless those vouchers are expressed to be subject to other terms and conditions, these conditions apply.
Vouchers are redeemable for products sold by us on our Website only and can’t be applied toward the cost of postage on any order.
Vouchers can be redeemed for three (3) years from the date of purchase and will expire after this date unless:
you are located outside NSW;
we gave the voucher to you for free;
we gave the voucher to you in exchange for goods returned us;
we gave the voucher to you as part of a customer loyalty or employee rewards program;
we gave the voucher to you as part of a temporary marketing promotion as a bonus to the purchase of a good or service;
we sold the voucher to you for a particular good or service that is below the market value of the good or service (a genuine discount);
we gave the voucher to you as part of a fundraising appeal, including to a charity or not for profit organisation; or
the voucher is for a good or service available for a limited time and the voucher expires at the end of that period (for example, a product that is only available for a limited time),
in which case the voucher can be redeemed for twelve (12) months from the date of purchase or the date set out on the voucher and will expire after that date.
Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
We offer discounts for bulk orders placed on the Website.
Please note that any discounts we do offer are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both). Further, any discounts offered to you as part of a one-off sale cannot be applied to bulk orders.
Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first). When discounts are offered, we will always advertise the time and date that they expire. If you attempt to apply the discount code to an order after the expiry date, we will contact you and you will have the choice to either terminate the order or pay the difference in price.
Unless we specify otherwise in our offer, discounts are available on full priced goods only and aren’t available on purchases made using gift cards or store credit.
Discount offers are made in our absolute discretion and we reserve the right to revoke any discount offer at any time without notice.
We may issue you with store credit in accordance with this agreement, or otherwise within our absolute discretion. If we do so, the grant of store credit is subject to the terms of this agreement.
Store credit is redeemable by you at any time. Please contact us if you have any questions about redeeming your store credit.
DESIGN AND PRINT
If you are providing your own artwork, it must be:
in a print ready format;
resolution of at least 300 DPI;
PNG, AI, EPS, JPEG or PDF file format;
if the design contains fonts, all fonts are outlined, or you know the name of the fonts.
We cannot accept PDF downloads from Avery, Canva, Vistaprint or any similar website, as the resolution is too poor to print sharply. It will print blurry and won't look professional. We can recreate your own designs at a fee of $30 incl GST.
Additional fees will be incurred if we need to re-design any element of your design.
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.
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.
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.
You acknowledge and agree that all intellectual property rights owned by us before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.
We acknowledge and agree that all intellectual property rights owned by you before this agreement will remain your sole property and that nothing in this agreement transfers any ownership in your intellectual property rights to us.
You warrant to us that you have the full right and title (including all intellectual property rights) to all elements of text, graphics, photos, designs, trademarks, or other artwork or text you provide to us for the purpose of this agreement (“Elements”), or that you have received written permission from the rightful owner(s) to use each of the Elements for the purpose it is to be used by you, or by us on your behalf. You indemnify us on a continuing basis in respect of any breach of the warranty set out in this clause and/or any breach of any other person’s intellectual property rights or other rights arising out of the Elements.
If you commission us to produce design work, we retain full ownership of all intellectual property rights in that design work, unless you choose to purchase the design files and intellectual property rights from us.
Design files and IP purchased
If you purchase the design files and intellectual property rights from us, you will own all intellectual property rights in the design work. We will provide you with a editable PDF or EPS file containing the designs, as well as relevant font files, within a timely manner, once the final proof has been confirmed. This will allow you to edit the design files however you choose. Please note that we do not provide print-ready files, even if you have purchased the design files and intellectual property rights from us. You can commission us to prepare print-ready files, however this will be at an additional cost.
Design files only purchased
If you purchase the design files only from us, we will own all intellectual property rights in the design work. We will provide you with a non-editable, print-ready PDF file containing the design within a timely manner, once the final proof has been confirmed.
We agree to grant you a royalty-free, perpetual (subject to this clause), non-exclusive licence of our intellectual property rights in the works for the purpose of printing the designs and to promote your business, subject to the balance of this agreement. Such licence will be granted on the receipt of payment in full. Licences referred to in this clause specifically exclude any right to sell, licence or distribute the intellectual property – or attempt to do any of those things - without our prior written consent. In the event of a breach of this clause, any licence will be immediately revoked and we may pursue you for an appropriate remedy, which may include a claim for damages or an account of profits.
Design files and IP not purchased
If you do not purchase the design files or intellectual property rights from us, we will own all intellectual property rights in the design work including the right to reproduce the works (such as by printing). You will be taken to have commissioned us to produce design work for the purpose of printing with us and we will be under no obligation to provide design files or assign intellectual property rights in the design work to you.
We agree to grant you a royalty-free, perpetual (subject to this clause), non-exclusive licence of our intellectual property rights in works sold to you for the sole purpose for which the works were created (for example, to promote your business by sharing photos of labels designed and printed by us applied to your products), subject to the balance of this agreement. Such licence will be granted on the receipt of payment in full. Licences referred to in this clause specifically exclude any right to sell, licence or distribute the intellectual property – or attempt to do any of those things - without our prior written consent. In the event of a breach of this clause, any licence will be immediately revoked and we may pursue you for an appropriate remedy, which may include a claim for damages or an account of profits. You are not authorised to copy, share, republish or otherwise distribute such works otherwise than in accordance with such licence. This includes instructing another designer or printer to re-create, crop, edit, vary or print the design work.
You understand and agree that we may reproduce or publish any works in which we own the intellectual property rights to market and promote our business and the fact that we are the creator of the works, including by entering the works into design competitions.
Postage and Delivery
Our postage prices are quoted for Australian residents only. Should you need international shipping please contact us for a quote.
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.
If your job requires only printing, our usual turnaround time to dispatch is 48 hours, however this can be longer during busy periods or your job is large.
If design is included, our usual turnaround time to dispatch will be 3 days from acceptance of the proof provided.
Timeframes are calculated from the date that payment is received (in the case of print only) or the date that acceptance of proof is received (in the case of design orders), unless that occurs on a Saturday, Sunday, public holiday or any other day on which banks in Sydney, New South Wales are closed, in which case it will be calculated from the next business day.
Please note that these timeframes are estimates and dispatch times will vary depending on how busy we are and how complicated your job is. If you need your order by a certain time, please get in touch with us and we’ll do our very best to get it to you. In saying that, you acknowledge that we will not be liable for any delay in dispatch of your order.
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.
We post our products with Mailman and 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.
All orders over $100 will automatically be upgraded to express post.
You agree to pay to us postage fees as calculated at checkout. Postage fees are capped at $10 for tracked post and $15 for express post, unless your order value is over $100, in which case your order will automatically be upgraded to express post for $10.
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.
Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. We will always provide you with a tracking number for your order, which you can use to track your order on the delivery service provider’s website.
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).
If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods.
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 firstname.lastname@example.org within 14 days of receipt.
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:
refund of the purchase price;
replacement of the product or re-supply of the services;
repair of the product;
payment of the cost of having the product repaired;
payment of the cost of having the services supplied again by someone else; or
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.
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.
Advice and Information
We may give you general advice, recommendations, information or assistance during or in relation to the event. Information and advice is general in nature and is not intended to be or substitute for professional advice. You should seek professional and/or medical advice specific to your circumstances where required. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. We won’t accept any liability or responsibility for any loss suffered because of your or any other person’s reliance on such information. Please see our disclaimer, also available on our Website, for more information.
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).
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. If the dispute still isn’t resolved within 30 days of the mediation, either party may ask the mediator to terminate the mediation.
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).
All communications made by the parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
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.
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.
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.
We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of goods or services not provided.
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.