Terms & Conditions

 

1. INTRODUCTION

Cutsbydesign.com.au is owned and operated by Mitchell Laminates Pty Ltd (ACN 056 527 907) trading as MITCHELL GROUP AUSTRALIA 32-38 Redwood Drive, Dingley, Victoria, 3172, Australia

The conditions of use of Cutsbydesign websites include these terms, our returns policy and our Privacy Policy, and any other terms and conditions that appear in or are linked to or from the Sites (Terms). These Terms govern your use of, and access to, the Site

 

2. CONTENT

The Sites and their content are subject to copyright, and other intellectual property rights. These rights are owned by Mitchell Laminates Pty Ltd (ACN 056 527 907), or in the case of some material, a third party, where the third party has provided permission to use the content

You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on a Site, including audio and video excerpts, except as permitted by statute or with our prior consent

Our Sites include registered trade marks, and other marks that are otherwise protected by law. You may not use our trade marks without our consent or any third party’s trade marks without their consent

The Site may contain links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. You access those sites and use the information, products and services made available at those sites at your own risk

 

3. USE OF SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the products or services we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet  connection are aware of these terms, and that they comply with them.

You must not misuse this Site and only use it for lawful purposes. You will not use the Sites for any activities, or post or transmit to or via the Sites any information or materials, which:

1. breaches any laws or regulations, infringes a third party’s rights or privacy, or which are contrary to any applicable standards or codes
2. interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Sites
3. is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings
4. commits or encourages a criminal offence, transmit or distribute a virus, trojan, worm or post any other material which is malicious and technologically harmful
5. that hacks or disables any part of the Site to corrupt data, cause annoyance to other users, send any spam, unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any technology of or accessed through this Site

 

4. PRICING POLICY

Prices shown on the Site are in Australian Dollars (AUD).

Prices are subject to change effective immediately upon posting to our site or other form of notification.

While we take care to ensure that all prices quoted on our site are accurate, errors may occur. If we discover an error in the price of any product you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product you will receive a full refund. We are under no obligation to sell the product to you at the incorrect (lower) price (even after we have sent you an order confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognised by you as such.

 

5. ORDER ACCEPTANCE

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order prior to dispatch by us, acceptance of your order and completion of the contract between you and us is subject to acceptance by us and will be completed when we email you to confirm the goods have been dispatched and have been handed over to the designated carrier. The sale contract is therefore concluded in Victoria, Australia.

We reserve the right not to accept your order in the event that we are unable to obtain authorization for payment, that the item ordered is out of stock, or that you do not meet the eligibility criteria set out, or otherwise contemplated, within these terms of use or our site. We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion.

By placing an order through our site, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

By placing an order with us and paying for an invoice, you accept our Shipping & Return conditions.

 

6. SHIPPING

We use a variety of carefully selected couriers including but not limited to Australia Post, Fast Way, Geelong Express, TNT Express. The courier used will depend on your order. Shipping times vary depending on order requirements, timeframes and locations.

Please note that once items leave our warehouse, the risk passes to the client and Cutsbydesign are not liable for lost or damaged parcels.

PLEASE NOTE: On international shipments, it is the responsibility of the Client to pay all customs and duties in the country the items are being shipped to. In some instances, there are no tariffs or duties payable. Please confirm with the Customs service of the country we are shipping the items to if you are unsure about the costs involved with importing these items. Cutsbydesign are not liable for these costs or any delays in shipments caused by Customs. Cutsbydesign will not offer refunds for items that do not make it to the destination by a specific date due to delays in shipments.

DAP (Duty at Point) – end user is paying duties & taxes.

All invoices are in AUD (Australian Dollars). Cutsbydesign are not liable for any currency exchanges costs e.g. variations in exchange rates, fees charged by your bank or card provider etc.

7. INFORMATION POSTED

Commentary and other materials posted on, or via, our site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials, and any services provided therefrom, by any visitor to our site, or by anyone who may be informed of any of its contents and we make no representations or warranties that use of such materials will not infringe intellectual property rights of any third parties.

We attempt to be as accurate as possible when we describe products and services on our site, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, information or other content available or offered on our site are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our site.

 

8. OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

 

9. POLICIES & GUIDELINES

You shall comply with our policies and guidelines as apply from time to time.

 

10. OUR LIABILITY

The material, content, product descriptions, standard, quality and specifications displayed on our site, and any links and in relation to the products or services contained therein are provided “as is” and without any guarantees, conditions or warranties as to its accuracy, completeness, reliability, currency or fitness for purpose. To the extent permitted by law, we, our directors and employees, and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site, products or services or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.

Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed one hundred dollars (AUD$100.00). You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our site, or any other products or services accessed via our site.

Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details you warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

 

11. JURISDICTION AND APPLICABLE LAW

Our site is created and controlled by us in the State of Victoria, Australia. As such, the laws of the State of Victoria will govern these terms of use (and the purchase of any products via our site).

By using our site you submit to the jurisdiction of the courts of Victoria and agree that any legal action will only be commenced in these forums. Our site is available only to people who can form legally binding contracts under applicable law.

 

12. PRODUCTS AND SERVICES:

a) Cutsbydesign disclaims any responsibility or liability whatsoever relating to any products or services

i) made or performed to designs, drawings, specifications and/or procedures etc. or with materials which are provided or approved (whether in part or fully) by or on behalf of the Customer
ii) utilised, stored, handled or maintained incorrectly or inappropriately.

b) The Customer agrees to check all products and services for compliance with all relevant applicable standards and regulatory bodies before use, on-sale or application and to use or apply same in accordance with all applicable standards, regulations and guidelines, with all manufacturers and/or Cutsbydesign recommendations and directions as well as with good practice.

 

13. RECOVERY COSTS:

The Customer will pay to Cutsbydesign any costs and expenses or commissions incurred by it or its solicitors, legal advisors, mercantile agents and other parties acting on Cutsbydesign behalf in respect of anything instituted or being considered against the Customer whether for debt, possession of any products or otherwise.

 

14. INDEMNITY:

The Customer indemnifies Cutsbydesign against any claim or loss arising from or related in any way to any contract, dealing or transaction between Cutsbydesign and the Customer or anything arising therefrom, or arising as a result of or subsequent to any breach of these Terms.