Conditions of Use
In these terms and conditions, “we” “us” and “our” refers to Create a Wall ABN 42 438 705 728. 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. The information is intended for residents of Australia only. We reserve the right to amend this Notice 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 you read these terms and conditions. If you do not agree with any part of this agreement, do not use the Website. We reserve the right to modify and make changes to any part of this Website at any time. Visitor and Registered User access to the Website may cease either temporarily or permanently without prior notice, at our discretion. If we believe that you have breached this agreement in anyway, we reserve the right to cancel your account and/or restrict your access to this Website without prior notice.
By using the Create a Wall website you are bound by these terms and conditions which form a legally binding contract between you and Create a Wall
- 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.
- 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.
- You must keep your account details and password secure, you alone are responsible for any activity on your account. You agree to inform us immediately if you believe your account and/or password are no longer secure or you have become aware of unauthorised activity.
- We reserve the right to terminate your registration at any time if you breach these terms and conditions.
- Our services are intended to be used by registered users within Australia only.
Our Website Services
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age. If a minor completes a transaction and as a result we endure any loss and/or damages, we reserve the right to take legal action against the parents or guardian/s of that minor.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that all prices listed on the website are current. We reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
- 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.
- Product images 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.
- On this Website the descriptions and information relating to images has been provided by the supplier of the image, we will not be held responsible if this information is incorrect or changed by the supplier without prior notice. For this reason you agree to complete your own suitability assessment of the product before you purchase or use.
- Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- 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.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that all prices listed on the website are current. We reserve the right to amend our prices at any time.
- When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- We undertake to accept or reject your order within Seven days. If we have not responded to you within Seven days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock or the product/image selected has become unavailable. In the unlikely event that this occurs we will provide a credit or refund for the undelivered items and any relating delivery charge.
- Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
- It is your responsibility to check that the products on your order are correct prior to completing payment, by completing payment you are entering into a legal contract to purchase the goods listed on your order and these are the goods that will be supplied.
- Your order will be considered complete by our team once full payment has been received, only then will we begin to manufacture your order.
- If payment is declined by your bank, credit card issuer or PayPal your order will be cancelled, as we do not hold orders.
- When you order from us, we require you to provide your credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- Special Offers cannot be returned, refunded, exchanged for cash or used in-conjunction with any other offer, unless required by law. Please refer to the special conditions of each individual offer for more information.
Delivery and Shipping
- We supply and despatch our products to customers within Australia only.
- Delivery and despatch times may vary depending on your location, however we will always do our upmost to meet all delivery timeframes and expectations. We will endeavour to use the service provider best suited to your area and delivery requirements. There must be someone present at the delivery address, at time of delivery, as all delivery services used by us will require a signature as proof of delivery. For this reason extra charges may apply if multiply delivery attempts are required. Please Note pickup or collection of your order are not permitted.
- Packaging and postage/delivery fees are an additional charge, calculated at time of purchase; these associated fees are non-refundable, unless required by law.
- Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received full payment. Our terms of payment are set out on the order page.
- All risk of loss or damage to the goods passes to you when we despatch the goods.
Product Installation and Removal
- All self-adhesive product orders are supplied with a test piece, please use it to test that the installation and removal of the products purchased will not cause damage to your surface. Only then if you are happy with the outcome should you install your purchase, as we will not be liable for loss and damages due to incorrect use of product or insufficient surface preparation.
- The surface must be prepared correctly before installation to minimise the occurrence of produce failure and/or surface damage. Please refer to the relevant installation instructions for your particular product found on our website. Please Note: incorrect wall preparation is not a product or printing process fault and as such is not covered for warranty
- You must allow a minimum 7 days after completion of any painting, primer or repairs before applying your wall-covering or if the product you are using requires more time please follow the products instructions as stated by the manufacturer
- When installing your product do not apply excessive pressure, as you do not want to damaged the product and/or surface below.
- The range of products on this website should not be applied to irreplaceable of valuable items
- We are not liable for any loss or damage caused by product installation and/or removal
Image Quality and Resolution
- The website will generate a pixilation warning if the files being used do not have a high enough resolution while creating your design and/or when completing your online transaction. This is to be used as a guide only, you must also look at other factors to decide if the chosen image will suit the desired application/product/s chosen. It is important to note that the quality of a file may affect the overall appearance; the image may look pixelated and grainy when enlarged and printed. Please Note even if the pixilation warning is not displayed it does not guarantee that the printed product will be free of pixilation and a grainy appearance. It is the responsibility of the customer to decide if the select image is suitable for the desired application, do not complete the order if you are unsure or unhappy with the product you have created. Colours may also look different on your screen when compared to the final print due to settings on your device eg. Colour, brightness, contrast, etc
Order Cancellation Due To Error
- Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card or PayPal account has been charged, we will immediately refund your credit card, PayPal account for the total amount debited.
- We reserve the right to cancel an order at anytime, some reasons for order cancellation maybe but are not limited to; discontinued product or image availability, suspicion of illegal/fraudulent activity or unauthorised payment and/or incorrect pricing. If this occurs, we will provide a credit or refund in a timely manner.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- 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 in any other way infringes our intellectual property rights.
- 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.
- 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.
- 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.
- Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
- 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.
- 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.
- You agree by uploading an image or file for printing you must represent and warrant to us (and HP) that you either own your content, have the necessary copyright, licence or have written permission from the copyright owner to make such content available to the Design tool you are using. The Design tool is protected by U.S. and international copyright laws and by other applicable laws. You may not process any content owned by someone else without the written consent of the owner of such content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Design tool. You agree to reimburse us for any loss and/or damages incurred as a result from action being taken against you or us for breach of copyright.
- We encourage all of our customers to send us ‘before and after’ photographs of their installation and written communication detailing their experience, so it can be accessed by other users of our website. By sending us this communication you automatically grant us permission to display, use and/or modify it on our website and/or social media pages
- Unless you have supplied your own file/image (which you own or have the necessary licence), products purchased from this website are not permitted for commercial and/or trade use
- Whilst we have taken all due care in providing the information on our website, 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.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however 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.
- You agree that it is your sole responsibility to assess prior to purchase that the product is suitable for the intended use and that the installation will not impact the integrity of the surface or breach any laws during installation or once completed. We are not liable for incorrect installation and/or misuse of product or any loss and damages caused as a result.
Product Warranty, Returns and Refunds
- The benefits of this warranty are in addition to Australian State and Federal Legislation. Create a Wall warrant all goods sold to be free of product or printing process faults.
- All warranty, return and refund claims must be submitted in writing (within 45 day of the purchase date) via our ”contact us” webpage, email or mail.
- We will assess and reply to your claim within 14 days of receiving.
- If approved for return we will provide you with a return authority number (RA) and advise of actions required, we will not accept any unauthorised returns
- The returned product will be assessed by our team on arrival. If the product is deemed to have no fault it will be returned to you immediately and no refund or replacement will be issued.
- Our products are customised and we print to order so we do not offer returns or refunds, if you change your mind and no longer want the item/s you have purchased.
- If the product is deemed to be faulty and we are unable at the time to replace or exchange authorised returned goods, we undertake to reimburse your credit card, or PayPal account for the amount initially debited for the purchase including packaging and postage charges.
- This warranty does not apply:
- if the surface was not prepared correctly
- if the product was not installed correctly and/or not used for the intended purpose
- if the issue is due to product misuse or general product wear and tear
- if the product has not been maintained and cared for in the correct manner
- if the product has been exposed to the elements
- if documentary evidence shows that the goods were received in good order and condition
- if you did not originally purchase the product as the warranty is not transferable
- to reimbursement of delivery cost and charges
- until you have submitted a claim in writing, an RA number has been supplied, the goods have been returned, the goods have been assessed and deemed a bona-fide claim
- Claim details must include:
- Verification that the products was made by Create a Wall, this must include full product details and invoice number
- Full description of the fault, including photos of the issue
- clearly state the grounds of the claim and any relevant circumstances
- You may be required to make the product available for inspection during business hours (Mon to Fri – 9am to 5pm)
- We will respond to all bona-fide claims in a timely manner
Statutory Guarantees and Warranties to Consumers
- 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. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given by us to you if you are a consumer.
- 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:-
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
- As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
- If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
- If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
- If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
- 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:-
- 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.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- 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.
- We do not participate in any way in the transactions between our users.
- 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.
- If a Force Majeure event causing delay continues for more than Thirty days, we may terminate this Agreement by giving at least Seven days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
- These terms and conditions are to be governed by and construed in accordance with the laws of Victoria 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 Victoria and you agree to submit to the jurisdiction of those Courts.
- 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.
Competitions, Trade Promotions & Giveaways
- Create a Wall will run a variety of competitions, trade promotions and giveaways where the winners will be randomly generated.
- Winners of these competitions, trade promotions and giveaways will be notified via email or social media feeds and all prizes must be redeemed within 2 months of notification
- The names of winners of all prizes over $1000 must be published on our website for a minimum period of 28 days, as per the conditions of a trade promotion lottery set out in the Gambling Regulation Act 2003 and Gambling Regulations 2015.
- All prizes are redeemable for one product only and cannot be used over multiply product/services, the maximum value of any individual competition, trade promotion or giveaway will not exceed a $3,000 AUD
- If the cost of the item selected is more that the prize amount you will be required to pay for the difference at the checkout
- Unless specified the maximum print size of all prizes is 20sqm.
- All competitions, promotions and giveaways are non-transferable
- By submitting images, videos, names and/or written comments as part of a competition, promotion and/or giveaway you automatically grant us permission to display, use and/or modify it on our website and/or social media pages
- 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.