Terms & Conditions
1.1 Introduction: These Terms and Conditions apply to the owner of this website (Site), Courtney Brands Pty Ltd (ABN 97 005 755 224) whose registered office is 1-3 Edison Rd Dandenong South, Victoria 3175 Australia. The term ‘us’ or ‘our’ or ‘we’ refers to Courtney Brands Pty Ltd and all of its related brands, including Hippo Blue, Pet Blue, Popic, Courtney Signs, Courtney Direct, Bento Masters and Edison Lane. The term ‘you’ or ‘your’ or ‘user’ or ‘customer’ refers to the website user.
Prior to placing an order, we recommend you carefully read the Terms that are in effect at the time to ensure you understand and agree to them. We may, at any time and at our discretion, vary these Terms by publishing the varied Terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current Terms. The published online version of the Terms will supersede all previous versions. Materials and information (Content) on this Site are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
1.2 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 us 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 Site for the purchase of goods.
1.3 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.
1.4 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.
1.5 Headings in these Terms and Conditions: Headings are for convenient reference only and do not affect interpretation.
2. USER CONTENT
2.1 Uploading content: to place your order with us you may need to access and upload your photos. You can access these photos from your devices photo gallery. 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, 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. All Images must meet our Image specifications, which may be changed by us from time to time.
By uploading your image to our Site you agree to the following:
- 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;
- 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 the image will be automatically deleted;
- our policies concerning the storage of images and user content may change from time to time;
- 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;
- 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).
2.2 User Content and Content Rules: Images, words, names 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 us 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 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:
- infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to our Site 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);
- misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy;
- 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 our Site 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);
- infringe any other rights, such as a trade mark or intellectual property, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
- contravene any applicable law (including, without limitation, any criminal law) or regulation;
- include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
- 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;
- misrepresent the User's identity in any way or impersonate any person;
- 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;
- 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;
- harass, upset, embarrass, alarm or annoy any person;
- give the impression that it emanates from us, if this is not the case; or
- infringe our fair use requirements or otherwise interfere with the proper working of our Site and/or our Services.
IMPORTANT NOTE: 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 or on our products 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 or on our products please contact us.
We may without notice cancel any order or 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.
We do not endorse or approve, and are not responsible for any User Content.
All orders are final, unless otherwise noted. No refunds are given once we begin production of your order or if you have not cancelled your order within the terms stated under ‘3.4 Order Cancellations’. You acknowledge and agree that when purchasing goods from us that you accept the following:
- orders placed separately or consecutively cannot be consolidated. A separate delivery fee will be applied to each order;
- once an order has been placed you will be unable to add further products to the existing order;
- all goods purchased are intended for personal non-commercial use only. The customer agrees goods may not be resold;
- 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;
- the customer must be at least 18 years of age with an active phone number and email address to purchase Goods;
- additional charges in addition to the order amount may be charged to you. If additional charges are to be incurred the customer will be notified via their order email address or verbally via their contact number; and
- we will not be liable for spelling, punctuation or grammatical errors made by the user, errors in user selected product type, size, quantity or duplicate orders placed by the user.
3.1 Placing an Order: 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.
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 (‘Dispatch Confirmation’). Your order will not be dispatched until payment is received in accordance with our payment provisions.
3.2 Order rejection: We reserve 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 or phone number listed on the order. The customer will receive a refund of any money paid via the payment method used on the original purchase.
3.3 Order Changes: If you make a mistake with your order, you will not be able to make amendments. When an order is submitted, production files are created immediately, and the order enters into a print queue. This process is entirely automatic, and we are unable to disrupt the process. Please kindly note that we ask and require our customers to confirm their choices before they add their product to the cart.
If you have made a change to the delivery method of your order to “Customer Pick Up” it is your responsibility to contact customer service to verify if your order is ready for collection. Alternatively, if you change from “Customer Pick Up” to “Delivery” a postage and handling fee will incur.
3.4 Order Cancellation: All orders are final unless otherwise noted. Our 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’. No refunds are given once we begin 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 with us within 2 business hours of placing your order.
3.5 Order Supplies: The user acknowledges that whilst we will use reasonable endeavours to produce the exact number and or types of items in the Order, owing to the user, error in the number of items and or type of items actually produced may be different and where a discrepancy occurs we 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. Should we run out of supplies/stock to fulfil your order you will be notified and a store credit or refund will be issued to you.
4. PRICE & PAYMENT
4.1 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.
4.2 Pricing of Goods: The price payable for the products will be shown on our Site 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. Pricing for goods are subject to change without notice however these price changes will not affect orders that have already been accepted and placed.
4.3 Payment Types: Payment for goods can only be made by an authorised person through the acceptable payment types specified on the Site and shall not be deemed to be made until we have received funds in respect of the full amount stated in the order. The acceptable types of payment that may be offered on our Sites are listed below, please see the payment providers own website for further details.
- Our standard credit card payment provider is Shopify which will be used for payment types; Visa, Visa Debit, Mastercard. We DO NOT accept Amex or Discover.
5. PROMOTIONAL CODES AND SALE
When redeeming a promotional code or offer advertised on our website, please refer to the specific Promotional Terms and Conditions. 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 this Site using a promotional code that you accept the following:
- 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;
- only one promotion code can be used per order and cannot be combined with any other offers;
- 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;
- 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;
- we reserve the right to modify or cancel promotion codes at any time;
- the promotional code is not transferable, may not be resold or redeemed for cash;
- you have read the terms of individual promotional offers carefully. Some offers may exclude postage and handling costs and other costs incurred because of redeeming the offer;
- promotional offers will not be honoured for any existing orders or orders placed prior to the promotion commencing; and
- we will not be able to manually enter a promotional code to an order after it has been placed.
Important Note: If we have determined a technical issue has occurred internally during the promotion or promotional code application and this fault has resulted in a failure to complete your order in accordance to the promotion, we may at our own discretion still honour the promotion or promotional code.
6.1 Products/Goods: Products should only be used for the purpose for which they are designed for.
6.2 Product Images: Whilst we do everything possible to ensure product images accurately depict the product, please note that product images displayed on the Site 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. We will display some products as a photo, these are for reference only and should also be considered illustrative.
All names used as examples on product images are fictitious and are for illustrative purposes only, they do not depict any actual person (living or deceased).
6.3 Product Availability: All products and designs as published on the Site are subject to change or can be removed at any time without notice. We will make every attempt to update our Site 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 or phone number assigned to the order, and we will refund you the price paid for the item impacted or offer a replacement recommendation.
6.4 Content: Every effort is made to keep the Site up and running smoothly. However, we take no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control. The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty (unless otherwise specified) in relation to it, to the maximum extent permitted by law.
6.5 Production Times: 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 as updated on our Site.
7.1 Delivery and Arrival times: 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 will only be made by our approved providers, currently Australia Post. For a full list of the types of delivery available by the carrier please see our shipping information page. We deliver to Australia and New Zealand only.
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 we assume 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, excessive demand, 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 we 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;
- if you have selected a delivery method with tracking included such as Express Post;
- 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 order 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 may be returned to us and another shipping fee will apply.
7.3 Standard Delivery Types: 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 within 48 hours of your delivery. For any other problems with your order, please refer to ‘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. We will not be liable to you for any loss you or any third party suffers from a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided by you. If you have made a mistake on your address information and it has already been dispatched 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 us. 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 and/or incomplete 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.
7.7 Customer Pick up:
Order collection is made available at our address below;
1-3 Edison Road
Dandenong South, Victoria 3175
9:00am to 5:00pm AEST Monday to Friday
(Except public holidays or other days as notified on our Site)
When choosing 'Customer Pick Up' you must collect your order from our premises within 30 days of being notified by us that the order is ready for collection. You will be notified via email using the email address assigned to your order. If you do not attempt to pick up your order within the timeframe, we will contact you, if pick up still has not occurred the order may be discarded. We will not be held liable for any order discarded due to non-collection within 30 days.
You may be asked for proof of purchase upon customer pick up. Proof of purchase will be the order confirmation email and or/ photo identification. We reserve the right to refuse an order pick up if the appropriate proof of order confirmation documentation is not presented.
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 or use outside of what the product is intended for.
8.1 Australian Consumer Law guarantees: Nothing in these Terms and Conditions attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our products come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms and Conditions. If you wish to lodge a claim under the Australian Consumer Law please contact us.
8.2 Making a claim under the Australian Consumer Law:
- to seek an Australian Consumer Law remedy, please contact us and have that contact acknowledged prior to returning the products;
- you may be asked to provide photographic evidence of the product;
- you may be asked to send the product back to us to allow for a reasonable opportunity to fully inspect the product. If you are asked to return the product you will receive instructions of how to post your product for return;
- we will cover the postage costs for the return of the product if deemed to have breached an Australian Consumer Law guarantee;
- if the product is deemed to not be a breach of an Australian Consumer Law guarantee by us, you will be liable for shipping costs to return the product;
- if a refund is offered by us, 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;
- 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, especially around October through to February, could cause delays. We apologise for any inconvenience. If you’re concerned that your return has but not processed in a timely manner, please contact us.
8.5 Store Credit: Depending on the failure with the product, you may choose a store credit in place of a refund or replacement of a product. The below applies to store credit;
- your store credit will only be valid for use on the Site the original order was placed on;
- we cannot transfer store credit to another person or account;
- any orders that exceed the value of the store credit provided will require an additional method of payment for the remaining balance due;
- 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;
- store credit is valid for 3 months after the date of issue;
- by using store credit, you agree to all our terms and conditions available on our website; and
- store credit will be provided in the amount of AUD and via a code that must be placed into the code section at checkout for it to be applied.
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.
9.2 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.
9.3 Force Majeure: We will have no liability to the customer in relation to any loss, damage or expense caused by us being unable 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, lockdown, accident, transportation embargo, breakdown, war, restrictions by governments or other competent authority, the inability of our normal suppliers to supply necessary materials, late arrival of 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.
9.4 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.
We may at any time terminate the terms with you if:
- you have breached any provision of the terms or intend to breach any provision;
- we are required to do so by law;
- we are transitioning to no longer provide the purchase services and or Site access to users; or
- we cease to provide the purchase services and or Site access to users.
9.5 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.
9.6 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.
10. SOCIAL MEDIA
The term ‘social media’ refers broadly to any online media which allows for user participation, interaction or publishing. Commonly used social media tools include but are not limited to; Instagram, Facebook, YouTube, Twitter, Snap Chat, Pinterest.
Our company representatives will use social media as a form of communication with the general public however we have not reviewed and cannot review all Posts and we are not responsible for liability arising out of any public posts. No representative is authorized to conclude any binding agreement on behalf of Courtney Brands Pty Ltd with another party without express written confirmation by a Director. Any views or opinions presented on social media are solely those of the author and do not necessarily represent those of the company. Representatives of the company are expressly required not to make defamatory statements and not to infringe or authorize any infringement of copyright or any other legal right. Any such communication is contrary to company policy and outside the scope of the engagement or employment of the individual concerned. The company will not accept any liability in respect of such communication.
For any questions and notices, please contact us HERE or at:
Courtney Brands Pty Ltd
1-3 Edison Rd, Dandenong South Vic 3175, Australia