Terms & Conditions
Popic reserves the right to change these Terms and Conditions at our discretion. The published online version of the Terms and Conditions will supersede all previous versions.
1.1 Definitions and Interpretation In these Terms and Conditions: ‘Business Day’ means a weekday Monday to Friday between the hours of 9am and 5pm; ‘Goods’ means the final goods produced by Popic by completing the Order; ‘GST’ means Goods and Services Tax, as defined in A New Tax System (Goods and Services Tax) Act, 1999; ‘Order’ means a successful online transaction made on our website for the purchase of goods. ‘Popic or ‘us’ or ‘our’ or ‘we’ refers to Courtney Colour Graphics (Vic) Pty Ltd trading as Popic, the owner of the website, whose registered office is 1-3 Edison Rd Dandenong South, Victoria. The term ‘you’ or ‘your’ refers to the website user or customer.
1.2 Business Day: If the day on which any act, matter or thing is to be done under these Terms and Conditions is not a Business Day, that act, matter or thing: (a) if it involves a payment other than a payment which is due on demand, must be done on the preceding Business Day; and (b) in all other cases, may be done on the next Business Day.
1.3 General In these Terms and Conditions: unless the context otherwise requires: (a) the singular includes the plural and vice versa; (b) a reference to a clause is a reference to a clause of these Terms and Conditions; (c) a reference to a party to these Terms and Conditions or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns; d) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; (e) a reference to a period of time (including, without limitation, a year, a quarter, a month and a day) is to a calendar period.
1.4 Headings In these Terms and Conditions: headings are for convenient reference only and do not affect interpretation.
2. POPIC SERVICE OUTLINE
Popic allows Users to upload digital photographic images. All Images must meet our Image specifications, which may be changed by us from time to time.
For further guidance and information on uploading Images please visit our FAQS
Popic offers Users the ability to order:
- prints of their Images.
- personalised products which bear Users’ Images on or within them;
- other, non-personalised, products and services,
- and we refer to those prints, and products as our “Products”.
Please ensure you retain any images you use with Popic as we do not keep copies of any images used in our products. It is up to Users to make sure that their Images are securely stored elsewhere, as we do not guarantee that we will be able to retrieve any images used in your products once your orders production is complete.
As Popic evolves and changes over time, we may add Products or remove Products from our Services. Section 3. Orders contains the terms of purchase for Products. It is the responsibility of Users to have sufficient web, and device usage skills to make use of our Services.
All orders are final, unless otherwise noted. No refunds are given once Popic begins production of your order.
3.1 Placing an Order: To place your order with us you will need to access and upload your photos. You can access these photos from your devices photo gallery that is using Popic. If you would like to access any photos on social sites such as Facebook or Instagram we recommend you login to your nominated social account, and access these photos and save them out on the device’s photo gallery you are ordering from. Once you have completed your design you must tick the confirmation box before it will be added to your cart. When an online order has been completed and is successful you will receive an e-mail from us acknowledging that we have received your order which can be used as a tax invoice. The order amount will be taken from the payment option selected.Important Note: The order email confirmation does not mean that your order has been accepted. Your order establishes an offer to us to buy a product. All orders are subject to availability and acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation").
Your order will not be despatched until payment is received in accordance with our payment provisions refer to
3.2 Pricing and Payment: When making an order you are agreeing that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit, debit card, or account used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible. Once we receive full payment and have sent your Order Confirmation, we will start to process your Order and create your personalised Popic goods
Popic products are highly personalised and as such your order can only be returned if Faulty your Order cannot be cancelled please see our 8. Returns Policy
Popic reserves the right to accept or reject your Order for any reason at any time. If an order has been rejected, the customer will be notified via the email address listed on the order or verbally. The customer will receive a refund of any money paid into the account that originally made the purchase. We ask that you please refer to point
Popic will attempt to display and describe as accurately as possible the colours that will be printed on your personalised Popic products which appear on our site, but we are not able to provide any assurance that the colours printed will exactly match those displayed on your monitor or device due to differences of how screen resolutions and settings display colours.
3.3 User Content and Content Rules: Images and other material (including textual annotations to and comments on Images) uploaded and printed on product, by a User on, through or in connection with Popic are treated as "User Content" for the purposes of these Terms. Users must have the right to deal, and the right to authorise us to deal, with their User Content in the ways that they and we use it in connection with the Services or for other purposes referred to in these Terms. You must not upload User Content, or otherwise deal with User Content through Popic if you do not have the right to do so. Each User shall ensure that his/her User Content, and his/her and our use of it, does not:
(a) Infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to Popic or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it (such as by including the Image in a printed Product)
(b) Infringe anyone’s privacy or data protection rights; in particular, you must ensure you have the right to depict any person who appears in an Image that you upload to Popic and to authorise the subsequent use of it (such as by including a depiction of that person in a Product we produce and send to you);
(c) Infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
(d) Contravene any applicable law (including, without limitation, any criminal law) or regulation;
(e) Include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
(f) Contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
(g) Misrepresent the User's identity in any way or impersonate any person;
(h) Include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
(i) contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
(j) Harass, upset, embarrass, alarm or annoy any person;
(k) Give the impression that it emanates from us, if this is not the case;
(l) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
(m) Infringe our fair use requirements or otherwise interfere with the proper working of Popic.
The above are our Content Rules.
Although we prohibit the uploading of Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site. It is possible that Images or other User Content may be accessible through our Site which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such Images or User Content on our Site please contact us here.
IMPORTANT NOTE: We may without notice delete any Image or other User Content which appears to breach our Content Rules, or prevent any use of Services (including purchase of Products) which includes any such Image or User Content.
3.4 Order Changes: If you make a mistake with your order, you will not be able to make amendments or corrections, unless a spelling error has occurred. Spelling errors must be communicated within 2 business hours of the order being placed.
You acknowledge and agree that when purchasing goods through Popic that you accept the following.
(a) Orders placed separately or consecutively cannot be consolidated. A separate Delivery Fee will be applied to each order.
(b) Once an order has been placed you will be unable to add further products to the existing order.
3.5 Order Cancellation: All orders are final unless otherwise noted. No refunds are given once Popic begins the production of your order. Order cancellations may only be made for orders which have duplicated due to a connection error and not due to a change of mind basis on the design/personalisation/product provided to us. Our website works by automatically processing your order once it has been placed and we offer multiple checkpoints to confirm your order is correct with us before submitting so, unfortunately, we cannot offer cancellation on this basis. For any duplicated orders, this must be communicated within 2 business hours of placing your order.
Important Note: If your order has already been dispatched, please return the products to us in accordance with our 8. Returns Policy.
You acknowledge and agree that when purchasing goods through Popic that you accept the following;
(a) All goods purchased are intended for personal non-commercial use only. The customer agrees goods may not be resold.
(b) Orders placed separately or consecutively cannot be consolidated. A separate Delivery Fee will be applied to each order.
(c) Once an order has been placed you will be unable to add further products to the existing order.
(d) You will abide by the all the terms regarding promotions where goods are limited by per person or per address. Any quantity restrictions will be stated on the promotional material and relative promotion terms and conditions.
(e) The customer must be at least 18 years of age with an active phone number and email address to purchase Goods.
(f) Additional Charges In addition to the order amount, Popic may charge to the customer: (a) fees and other charges for orders required to be done urgently, including Australia Post express shipping and other charges (b) fees or disbursements referred to in these Terms and Conditions and not specified in this clause. If additional charges will incur the customer will be notified via their order email address or verbally via their contact number.
3.6 Order Supplies: (a) The customer acknowledges that whilst Popic will use its reasonable endeavours to produce the exact number and or types of items in the Order, owing to the customer, error in the number of items and or type of items actually produced may be different (“a discrepancy”); and (b) Where a discrepancy occurs Popic will send at our cost the exact number and or types of items missing to reflect the actual number and or types of items originally ordered.
4. PRICE & PAYMENT
4.1 Pricing of Goods: The price payable for the products will be shown on our website in AUD and are inclusive of 10% GST these prices exclude delivery charges. Delivery charges are shown separately when ordering dependant on the shipping address and shipping type selected.
4.2 Payment Types: Payment for goods can only be made by an authorised person through the acceptable payment types specified on the Website and shall not be deemed to be made until Popic have received funds in respect of the full amount stated in the order. The acceptable types of payment are listed below.
Unfortunately, we DO NOT accept Amex or Discover.
Our standard payment provider is Shopify which will be used for payment types; Visa, Visa Debit, Mastercard.
4.4 Goods Pricing: Pricing for goods are subject to change without notice however these price changes will not affect orders that have already been accepted and placed.
5. PROMOTIONAL CODES AND SALE
When redeeming a promotional code or offer advertised on our website, please refer to the specific Promotional Terms and Policies
These below terms and conditions apply to all promotions where you must redeem a promotional code. You acknowledge and agree that when purchasing goods through Popic using a promotional code that you accept the following.
(a) It is your responsibility to ensure that a promotional code is valid and that it is entered and applied correctly at the time of placing an order.
(b) Only one promotion code can be used per order and cannot be combined with any other offers.
(c) Promotion codes may only be made available for a limited time and all references to times in promotions are based on local time in Melbourne, Australia unless stated otherwise.
(d) Promotional codes may only be applied to specific products and may be limited by goods or limited per person or per address or quantity restrictions these details will be stated on the specific Promotional Terms and Conditions.
(e) Popic reserves the right to modify or cancel promotion codes at any time.
(f) The promotional code is not transferable, may not be resold or redeemed for cash.
(g) To read and abide by the terms of individual promotional offers carefully. Some offers may exclude postage and handling costs and other costs incurred because of redeeming the offer.
(h) Promotional offers will not be honoured for any existing orders or orders placed prior to the promotion commencing.
(i) We will not be able to manually enter a promotional code to an order after it has been placed.
Important Note: If Popic have determined a technical issue has occurred during the promotion or promotional code application and this fault has resulted in a failure to complete your order in accordance to the promotion, Popic may at its own discretion still honour the promotion or promotional code.
6.1 Products/Goods; All products and designs as published on the Popic website are subject to change or can be removed at any time without notice. Products should only be used for the purpose for which they are designed for.
6.2 Product Images; Product Images displayed on the Popic website are for illustrative purposes only and may differ from the actual product. Due to differences in monitors and other viewing devices, colours of products and designs may also appear different to those shown on the site. Popic will display some products as a photo these are for reference only and should also be considered illustrative.
6.3 Product Availability; Popic will make every attempt to update our website in real time as much as possible but may from time to time, run out of stock of an item and may not be able to fulfil all or part of your order. If this happens, we will contact you via the email address assigned to the order, or via phone and we will refund you the price paid for the item impacted or offer a replacement recommendation.
Production Times: Please keep in mind that all products are printed by Popic and although we will make every attempt to clearly convey the estimated production time for your products to be made, these production times are to be used as a guide only and are subject to change due to both foreseeable and unforeseeable circumstances which can occur at any time without notice or update on our site.
Your order will be fulfilled, and the delivery will commence once the Dispatch Confirmation is emailed to you. Delivery time will be depending on the delivery type selected at checkout. Delivery types will only be made by approved Popic providers, currently Australia Post. For a full list of the types of delivery available by the carrier please see our shipping information page. We will deliver to Australia only.
7.1 Delivery and Arrival times: You acknowledge we offer delivery services using third-party freight providers. We will not be held liable for any lost or damaged items during the delivery services. Delivery transit times vary, and Popic assumes no responsibility for delays caused by freight carriers, weather or any damages resulting from the failure to receive your order on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc. Target arrival dates are calculated by adding the production turnaround time to the delivery time. Both production and delivery times are based on business days only and do not include weekends or holidays. You acknowledge that Popic will not be liable to you for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the delivery services.
7.2 Delivery of your Order: Once your order has been dispatched it is now the responsibility of the carrier to ensure that your goods are delivered. There may be tracking available, this will be applicable for the below delivery types or circumstances.
(a) If you have selected a delivery method with tracking included such as Express Post;
(b) or if your order is classified as a parcel
For information on all our shipping methods please see our shipping information page.
You may be referred to the carrier’s website for further tracking and information on the delivery of your order. If your order is too large to fit into a mailbox, the carrier may leave your order in a safe place. Any registered post orders will require a signature on delivery. If no one is home to sign for this delivery, a collection slip will be left, and your letter will be redirected to your local post office for pick up.
Important note: It is the customers responsibility to collect this within 10 days of the attempted delivery date, or it will be returned to us and another shipping fee will apply.
7.3 Standard Delivery Types:
(a) Standard Delivery is included in your product price
For more information regarding our average delivery times and all delivery types, please see our shipping information page.
7.4 Your Delivery Responsibility: Upon delivery of your order you are responsible to ensure that there are no visible signs of damaged, missing, or incorrect pieces. If there are missing, damaged or incorrect packages, please contact us at HERE within 48 hours of your delivery. For any other problems with your order, please refer to Section 8 Returns Policy.
7.5 Incorrect Address Information: If you have provided incorrect address information and your order has not been despatched our customer service team will make every attempt to rectify the address details for you. Popic will not be liable to you for loss you or any third party suffers for a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order. If you have made a mistake on your address information and it has already been despatched it is your responsibility to contact the carrier with correct address information and they may be able to rectify the delivery address at their discretion.
7.6 Return to Sender: If an issue has occurred with your delivery the carrier may return the goods to Popic. If the goods are returned, we will attempt to contact you using your order details to attempt to re-deliver. If the delivery failed due to incorrect address information provided in your order you will be responsible for the re-delivery fee.
Important note: If a delivery has failed the carrier does not guarantee that they will return the goods to us as per return to sender.
8. RETURNS POLICY
All our products are produced to order and are highly personalised so unfortunately; we will not be able to accept returns based on change of mind, fault of the goods due to general wear and tear or use outside of what the product is intended for.
8.1 Faulty/Incorrect Product: Popic takes quality control very seriously prior to despatching your order, however we understand that sometimes things can go wrong. If you receive your product and it is not as described or not what you ordered we will happily offer a replacement, store credit or refund for the product. If you wish to lodge a complaint, please contact us at HERE
8.2 Return Requirements:
(a) Your claim must be made within 30 days of the order delivery date.
(b) You must contact Popic and have that contact acknowledged to lodge a return complaint prior to returning the goods.
(c) You may be asked to provide photographic evidence of the fault before a claim will be accepted.
(d) You may be asked to send the product back to us to allow for reasonable opportunity to fully inspect the product for fault. If you are asked to return the product you will receive instructions of how to post your item for return. Popic will cover the postage costs for the return of the item.
(e) If the item is deemed to not be at fault by Popic, you will be liable for shipping costs to return the product.
(f) If a refund is offered by Popic, you will be refunded the amount of the product paid for at the time including shipping. If the product was purchased with other products in a consolidated order you will not be eligible to receive a refund on original postage costs.
(g) No products may be returned to Popic without written consent.
(h) It is your responsibility to track the delivery of your returned product until received.
8.3 Processing your return claim: We aim to process returns within 5 business days of receiving them, but high-volume periods could cause delays. We apologise for any inconvenience. If you are concerned that your return has but not processed in a timely manner, please contact us at HERE
8.4 Store Credit: You may be offered a store credit in place of a refund or exchange of product. The below applies to store credit.
(a) Your store credit will only be valid for use on our website popic.com.au
(b) Popic cannot transfer store credit to another person or account.
(c) Any orders that exceed the value of the store credit provided will require an additional method of payment for the remaining balance due.
(d) Store Credit will be the amount of the product paid for at the time including shipping. If the product was purchased with other products in a consolidated order you will not be eligible to receive free shipping on your store credit.
(e) Store credit is valid for 3 months after the date of issue.
(f) By using store credit, you agree to all our terms and conditions available on our website.
(g) Store credit will be provided in the amount of AUD and via a code that must be placed into the promotion code section for it to be applied.
8.5 Afterpay Returns: If you wish to return something you purchased using Afterpay, our standard returns policy applies. If the item is faulty, you will be issued either a replacement, store credit or we will process a refund to Afterpay. Please see the Afterpay buyers protection policy for further details.
9. GENERAL MATTERS
9.1 Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our service, products, our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
(a) We will not be liable for any errors in your online proof if prepared in accordance with your text input online or if printed in accordance with the customer’s authorisation.
(b) We will not be liable for: - spelling, punctuation or grammatical errors made by the customer - errors in customer selected product type, size, quantity - duplicate orders placed by the customer. Any User content that infringes on rights, including but not limited to copyrights, intellectual property, privacy and confidentiality.
(c) Our products must be used for the purpose for which they are designed. We will not be liable for any loss or damage to person or property for any misuse or inappropriate use of our products.
(d) All goods purchased are intended for personal non-commercial use only. The customer agrees goods may not be resold.
(e) You will abide by the all the terms regarding promotions where goods are limited by per person or per address. Any quantity restrictions will be stated on the promotional material and relative promotion terms and conditions.(f) The customer must be at least 18 years of age with an active phone number and email address to purchase Goods.
(g) Additional Charges In addition to the order amount, Popic may charge to the customer: (a) fees and other charges for orders required to be done urgently, including Australia Post express shipping and other charges (b) fees or disbursements referred to in these Terms and Conditions and not specified in this clause. If additional charges will incur the customer will be notified via their order email address or verbally via their contact number.
9.2 Your images used on the Popic service:
Popic allows you to access your Images through your chosen personal device. However, please note that:
(a) We strive to retain Images that are of sufficient quality for inclusion in personalised Products, but some loss and modification of detail may be apparent under close examination;
(b) When you upload an Image to your product, it will be kept during the session of creating your personalised product – if your session times out you the Image will be automatically deleted.
(c) Our policies concerning the storage of Images and User Content may change from time to time;
(d) If an Image does not meet our specifications you may not be able to upload it and/or you may find that it is not possible to use that Image in conjunction with some or all of our Products;
(e) We have rules about User Content, and these apply to the content of Images see Section 3.3 User Content and Content Rules; if you breach our Content Rules, we may – among other things – refuse to produce your personalised product. If your order is terminated, we may delete all Images associated with that order, so that they will no longer be accessible; and
(f) If we are notified of a claim or allegation that an Image breaches our Content Rules, we may prevent that Image being accessible through Popic or being used in connection with our Products.
Popic allows you to share your Images with others on our products (via your Facebook account). By sharing Images with others:
(a) You undertake that you have their consent to the sharing of your Images with them;
(b) You agree that doing so will not result in an infringement or perceived infringement of our Content Rules; and
(c) You acknowledge and agree that those whom you have shared the images with may:
- submit comments about the Images; and
- notify us if Images infringe our Content Rules.
We are not responsible for the acts or omissions of Others.
As indicated in Section 2 Popic Service Outline, you should make sure that your Images are securely stored elsewhere, as we do not undertake or guarantee to keep your Images and other User Content indefinitely, and we will not be responsible for the loss of, deletion or corruption of Images or any User Content. We do not keep back-up copies of Images and other User Content; we have no liability to you or any User if Images or other User Content become lost or corrupted as a result of any cause (including human error, software or hardware failure, failures of telecommunications or internet services, or events beyond our control).
9.3 Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
9.4 Force Majeure: We will have no liability to the customer in relation to any loss, damage or expense caused by Popic to complete the Order or to deliver the Goods as a result of fire, storm, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, accident, transportation embargo, breakdown, war, restrictions by governments or other competent authority, the inability of Popic’ normal suppliers to supply necessary materials, late arrival of paper stock or other material, any other act or omission of a third person or third party supplier, or any other matter beyond our reasonable control.
9.5 Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Popic may at any time terminate the terms with you if;
(a) You have breached any provision of the terms or intend to breach any provision.
(b) Popic is required to do so by law.
(c) Popic is transitioning to no longer provide the purchase services and or Site access to users, ceases to provide the purchase services and or Site access to users or it is no longer commercially viable to provide the purchase services and or Site access.
9.6 Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
9.7 Jurisdiction: Your use of our Site and these Terms are governed by the laws of the state of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in the state of Victoria, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.