Terms and Conditions
Stubby Holders Direct - Returns Policy
'Seller'- is 'stubbyholdersdirect.com.au (ABN:82 283 306 015)'
'Customer'- is a person, business or company who has purchased goods from the seller as described on an invoice provided by the seller.
'Goods'- all goods supplied by the seller to the customer as described in an invoice provided by the seller.
Clause 1: Goods will not be accepted for return, exchange or refund because of a change in mind.
Clause 2: Goods will only be accepted for return, exchange or refund if in accordance with clause 3.
(a) The customer must inspect the goods on delivery and must within three (3) days of delivery notify the seller by email of any alleged defect; shortage in quantity; damage; or failure to comply with the description/quote. The customer must allow the seller an opportunity to inspect the goods within a reasonable time following delivery by returning the goods in their original condition to the seller within 14 days of delivery with receipt or as otherwise advised by the seller. The seller will refund delivery costs incurred in the customer returning the goods to the seller.
(b) For goods that are defective or damaged and which the seller has agreed in writing that the customer is entitled to reject, the seller at the customer's discretion will either refund the purchase price of the goods including delivery costs incurred when the product was purchased; or replace the goods. Where the customer has chosen for the goods to be replaced, there will be no delivery costs charged to the customer for delivery of the replacement goods by the seller.
(c) For goods that are determined by the seller to have been delivered short of the quantity paid for, the seller will deliver to the customer a quantity of goods required to make up the shortfall. No delivery costs will be charged to the customer for delivery of the additional goods.
(d) For goods that fail to comply with the description/quote and which the seller has agreed in writing that the goods fail to comply with the description/quote, the seller will decide what action it will take to ensure that the goods are in accordance with the description/quote.
We respect your privacy.
We will only use your personal information for the following purposes:
1. To establish and maintain your relationship as a customer of stubbyholdersdirect.com.au including responding to any enquiries.
2. To provide you with a quotation you have requested from stubbyholdersdirect.com.au.
3. To provide the products and services you have requested from stubbyholdersdirect.com.au, including the processing of any orders and delivery of products/services.
4. To provide you with an optional survey for feedback on our products/services after receipt of the goods/services.
All personal information that we collect will be kept confidential and will not be given out or sold to any other party unless:
1. authorised by law; or
2. with your prior written consent; or
3. for the purpose of delivering the products or services to you through stubbyholdersdirect.com.au suppliers and couriers.
Stubby Holders Direct - Copyright Policy
All of the material on this website is the property of stubbyholdersdirect.com.au (ABN: 82 283 306 015) and is copyright material, except for material owned by a third party. You must not copy or reproduce any material on this website including source code, without our prior written permission.
Stubby Holders Direct - Terms and Conditions
'Seller' - is 'stubbyholdersdirect.com.au (ABN:82 283 306 015)'
'Customer' - is a person, business or company who has, or may, purchase goods from the seller as described on an invoice or quote provided by the seller.
'Goods' - all goods supplied by the seller to the customer as described in a quote or invoice provided by the seller.
Any instructions received by the seller from the customer for the supply of goods and/or the customer's acceptance of goods supplied by seller and/or upon payment by the customer to the seller for goods, shall constitute acceptance of the terms and conditions contained herein.
1. Quotes and payment
1.1 A written quote from the seller to the customer is valid only for 60 days from when the customer receives the written quote.
1.2 A written quote from the seller to the customer is binding on the seller if the customer accepts the quote in writing within 60 days of receiving the written quote.
1.3 If the customer has accepted the sellers quote in accordance with clause 1.2, the payment of the price quoted is due within 60 days of receiving the written quote, or by the 7th day of accepting the quote, whichever is the latest. If payment is not received by the 7th day of accepting the quote, the quote will no longer bind the seller. Payment of the quoted price will be held to be received by the seller when it is deposited in the sellers nominated bank account. Payment of the quoted price is not a payment until that form of payment is cleared, honoured or recognised.
2. Artwork and production of goods.
2.1 Once payment is received in accordance with clause 1.3, artwork (3D mock-up) will be provided to the customer.
2.2 It is the customer's responsibility to undertake a final proof reading of the artwork (3D mock-up) prior to acceptance of the artwork (3D mock-up). The seller is not liable for any errors not corrected by the customer subsequent to acceptance of the artwork (3D mock-up).
2.3 Upon written acceptance by the customer of the final artwork (3D mock-up), the goods will be sent for production and printed in accordance with the artwork (3D mock-up).
2.4 The seller is under no liability whatsoever to the customer for any variation in colours and sizing between the approved artwork (3D mock-up) and the finished goods, that is beyond the reasonable control of the seller or due to variations in computer monitor screens.
2.5 Where the seller has designed, drawn or written artwork for the customer, then the copyright in those designs, drawings and documents belongs to the seller.
2.6 The customer warrants that all designs or instructions to the seller will not cause the seller to infringe any patent, registered design or trademark in the production of the goods and the customer agrees to indemnify the seller against any action taken by a third party against the seller in respect of any such infringement.
2.7 The customer authorises that any goods produced or images of goods, designed by the seller can be used by the seller in advertising, marketing or providing to re-sellers.
3. Delivery of goods
3.1 Delivery of the goods takes place when the customer takes possession of the goods at the customers nominated address. All risk for the goods passes to the customer on delivery.
3.2 The costs of delivery are included in the quote provided to the customer.
3.3 The customer must make all arrangements necessary to take delivery of the goods. In the event that the customer is unable to take delivery of the goods as arranged then the seller will be entitled to charge a reasonable fee for redelivery.
3.4 Where the customer expressly requests the seller to leave goods outside the sellers premises for collection or to deliver the goods to an unattended location then such goods shall be left at the customer's sole risk and it shall be the customer's responsibility to ensure the goods are insured adequately or at all.
3.5 The customer must take delivery of the goods tendered notwithstanding that the quantity so delivered is greater or less than the quantity purchased. In the event that the quantity so delivered is less than the quantity purchased please refer to our returns policy for advice.
3.6 The seller shall not be liable for any loss or damage whatsoever due to failure by the seller to deliver the goods (or any of them) promptly or at all, due to circumstances beyond the control of the seller.
4.1 The seller may cancel the production of goods at any time before the goods are sent for production by giving written notice to the customer. On giving such notice the seller shall repay to the customer any sums paid in respect of the goods. The seller shall not be liable for any loss or damage whatsoever arising from such cancellation.
4.2 Where payment has been received from the customer in accordance with clause 1.1 to 1.3 and the customer has not provided written acceptance of the artwork to the seller in accordance with clause 2.3, the customer may cancel delivery of the goods with the written permission of the seller. Upon the seller giving written permission, the seller will refund the customer's payment.
4.3 If payment has been received from the customer in accordance with clause 1.1 to 1.3 and customer has provided written acceptance of the artwork to the seller in accordance with clause 2.3, the customer will not be entitled to cancel delivery of the goods and/or request a refund.
5.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
5.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
5.3 The seller shall be under no liability whatsoever to the customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the customer arising out of a breach by the seller of these terms and conditions.
5.4 In the event of any breach of this contract by the seller the remedies of the customer shall be limited to damages which under no circumstances shall exceed the price of the goods.
5.5 The customer shall not be entitled to set off against, or deduct from the price, any sums owed or claimed to be owed to the customer by the seller nor to withhold payment of any invoice because part of that invoice is in dispute.
5.6 The seller may license or sub-contract all or any part of its rights and obligations without the customer's consent.
5.7 The seller may review these terms and conditions at any time.
5.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
5.9 The failure by the seller to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the sellers right to subsequently enforce that provision.
5.10 The seller will not be held responsible for any error or mistake on it's website. Upon becoming aware of an error or mistake on it's website, the seller will immediately rectify the error or mistake.