Terms & Conditions

Winterling

WEBSITE TERMS AND CONDITIONS

In these terms and conditions, “we” “us” and “our” refers to Winterling Pty Ltd. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.

We reserve the right to amend these terms and conditions at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website or purchase a product you read these terms and conditions.

Registered Users

1. To access the services provided on this website, you must become a registered user and you do this by providing certain information  at the time of purchase or registration as set out on our membership/registration page. Please refer to our Privacy Policy on our website for information relating to our collection, storage and use of the details you provide on registration.

2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

3. On registration, you will be required to provide a password . On registration you agree to pay for our services as set out on our website.

4. We reserve the right to terminate your registration at any time if you breach these terms and conditions.

Product Descriptions

5. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the    description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

6. Due to the production process, colours, position of an image, size and scale are indicative only and images of the products that we sell have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Product Orders

7. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

8. All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our website and we reserve the right to amend our prices at any time.

9. Buyers must ensure that the artwork, quantity and type of products, shipping address are correct before payment is made.

10. Packaging and postage is an additional charge, calculated at time of purchase.

11. Any information you provide to us at the time of purchase will be dealt with according to our Privacy Policy.

12. Once an order has been placed and paid for online we cannot edit or cancel that order.

13. Title in the goods passes to you when we have received payment.

14. All risk of loss or damage to the goods passes to you when we despatch the goods.

Printing from your artwork

15. Where you upload your own design or artwork for printing this is done at your risk we are not responsible for:

· Spelling, punctuation or grammatical errors made by you.

· Mistakes that you have approved after being sent a proof. Note this is an option on the As You Wish page.

· If the artwork is low quality, results in a poor print or is not “print ready”.

· It important to note that colour can be affected and may deviate slightly from the original due to individual computer settings and resolutions

We reserve the right to refuse to print an image that we regard as illegal, libellous, offensive, or in bad taste.

Website Access

15. When you visit our website, we give you a limited licence to access and use our information for personal use.

16. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content must in no way infringe our intellectual property rights or be used for commercial purposes.

17. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

18. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

19. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

20. Linking our website is not permitted.

Intellectual Property Rights

21. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

22. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

23. Where you upload your own image or design for us to print you are deemed to guarantee that you have the necessary intellectual property rights to allow for the image or design to be used in that way. Should you not hold the necessary intellectual property rights then you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from any intellectual copyright infringement that might arise by us printing the relevant image or design.

Disclaimers

24. To the extent permitted by law, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

25. We are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Statutory Guarantees and Warranties to Consumers

26. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees and rights.

27. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-

a.  We will repair or replace the goods or any part of them that is defective; or

b.  Provide again or rectify any services or part of them that are defective; or

c.  Wholly or partly recompense you if they are defective.

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Limitation of Liability

28. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-

 a.  To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

b.  We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

c.  We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

d.  We do not participate in any way in the transactions between our users.

Indemnity

29. By accessing our website, you agree to indemnify and hold us harmless from all claims,

actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

30. At our sole discretion we may unilaterally and without notice terminate these terms and conditions, disable and deny access to the user of this website who engages in activity or conduct that is prohibited by these terms and conditions or any relevant law.

Force Majeure

31. If a Force Majeure event causing delay continues for more than 30 days, we may terminate this agreement by giving at least 7 days notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

32. These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.

33. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

34. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

35. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our website.