TERMS & CONDITIONS
- ACCEPTANCE OF THESE TERMS & CONDITIONS
By accessing and browsing the Site, including purchasing Polka Label products via the Site, you are deemed to have accepted these Terms & Conditions in full. If you do not agree to these Terms & Conditions, you should not, and are not permitted to, use the Site and purchase Polka Label products via the Site.
We reserve the right to update, change or replace any part of these Terms & Conditions at any time, and it is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following any changes constitutes acceptance of those changes.
- MAKING A PURCHASE ONLINE
All online orders are subject to availability and confirmation of the order price, and dispatch times may vary depending on availability of items. Any delivery times provided by us are estimates only, as these services are provided by our third party freight providers and are outside of Polka Label's control. Polka Label will not be held responsible for any third party shipping delays whatsoever.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant these are valid and correct and you confirm that you are the person referred to in the billing information provided.
No individual under the age of 18 may access the Site or provide any information to us (including, for example, a name, address, telephone number, or email address) without the prior consent of a parent or guardian. We reserve the right to only accept orders from individuals over 18 years of age.
Polka Label reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address. Polka Label also reserves the right to cancel any order at any time and issue you with a refund.
- PRODUCT PRICING AND AVAILABILITY
We try to ensure that all details, descriptions, stock counts and prices which appear on the Site are accurate, however, errors may occur periodically. If:
- we discover an error in the price of a product you have ordered; or
- a product that you have ordered is no longer available,
we will notify you immediately and offer you the option to reconfirm your order at the correct price (if applicable) or to cancel your order and obtain a refund. In the case that we cannot get in contact with you, we will cancel the order and refund you in full.
If for any other reason we are unable to dispatch your order, we will notify you as soon as possible. From time to time, the Site may contain errors and inaccuracies and we reserve the right to correct any errors or inaccuracies and update the Site at any time without notice.
All prices on this Site are displayed and will be processed in, Australian dollars (AUD). The payment methods we accept are credit card (MasterCard, VISA and AMEX), AfterPay and Paypal.
No orders will be dispatched until payment has been received by Polka Label in full. We may contact you to verify your personal details before dispatching your order.
All orders over $99 include complimentary standard shipping within Australia using Australia Post. Express shipping will generally take 1 – 3 business days from the date the product is dispatched from Polka Label, depending on your location.
Polka Label also ships internationally, New Zealand orders will incur a flat rate fee of $15, rest of the world will incur a flat rate of $25. International orders will be shipped with Australia Post. Please refer to Australia Post for approximate shipping times from Australia to your location.
Depending on the destination country and your order value, you may be required by your local customs authority to pay additional duties and taxes upon the parcel’s arrival in your country. It is your sole responsibility to pay these charges, and you must make all necessary enquiries as to these costs before purchasing Polka Label products. Payment of duties and taxes will not, under any circumstances, be paid by Polka Label. Polka Label is also unable to refund or credit you for any duties or taxes paid for international orders that are returned for any reason. In such cases, you should check with your local customs authority as to whether any refund of duties and taxes may be granted.
For further information, please refer to our Delivery & Returns Policy.
- PRODUCT WARRANTY & RETURNS
Polka Label stands by the quality of its products and provides generous warranty and returns policies for its products sold via the Site, for your peace of mind.
If you receive your Polka Label product in a damaged state, please contact us immediately by submitting an enquiry on our contact page or by emailing email@example.com.
CHANGE OF MIND
If, once you receive your Polka Label product, you are not happy for any reason, or would prefer a different style or colour, you may return your Polka Label product to us for a refund. We can also offer exchanges.
In the unlikely event you wish to return your Polka Label product due to change of mind, it must be returned in new, original, unused, unmodified, unmarked and saleable condition, with all product tags still attached. Items must be returned in all original and undamaged packaging. Polka Label is strictly unable to accept returns unless these conditions are met, and in such cases, Polka Label will return the product which does not meet our returns conditions to you.
You must request a returns form from us within 10 days of receiving your item and specify your order number. Returns requested after this time will not be accepted. A copy of the returns form MUST be printed, filled and provided with your returned item. If this returns form is missing, Polka Label will be unable to process your return.
In the scenario that we do not receive your returned item, it is your responsibility to bear any costs or losses as a result of the lost package. We strongly recommend that all returns are sent back to Polka Label via registered post with tracking, and are covered by suitable transit insurance to protect you in case of a lost package.
- PROHIBITIONS OF USE
You must not do any of the following while accessing or using the Site:
- access, tamper with, or use non-public areas of the Site, or the computer or delivery systems of Polka Label, any linked websites and/or its third party service providers;
- probe, scan or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
- access or search or attempt to access or search the Site by any means other than through our currently available, published interfaces that are provided by Polka Label, unless you have been specifically allowed to do so in a separate agreement with Polka Label;
- scrape the Site, or any content whatsoever from the Site, without the express prior written consent of Polka Label;
- use the Site to send altered, deceptive, or false source-identifying information, including without limitation by forging e-mail headers; or
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Site, or by scripted use of the Site in such a manner as to interfere with or create an undue burden on the Site.
- INTELLECTUAL PROPERTY
This website contains intellectual property which is owned by or licensed to Polka Label.
This intellectual property includes, but is not limited to, the website design, layout, images, photographs, logos, trade marks, videos, audio, graphics and text. Except to the extent permitted by the Copyright Act 1968 (Cth), any form of reproduction, copying, distribution, commercialisation, modification or other use of the intellectual property on this Site is strictly prohibited without the prior written consent of Polka Label.
Nothing in these Terms & Conditions, or through the use of the Site, is intended to transfer ownership, or grant a licence of, any intellectual property rights to any Site user or third party.
- SITE DISCLAIMER
The information provided by Polka Label on the Site is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is strictly at your own risk.
The Site may contain links to other third party websites, links and advertisements. Polka Label is not responsible for the content, availability or accuracy of such content or material contained in, or obtained through, any such links. Any link to another website, and reference to third-party information, products or services linked to the Site, is not, and should not be construed as, an express or implied endorsement by Polka Label. Any questions or comments relating to such other websites should be addressed to the operator or operators of those websites.
Polka Label takes no responsibility, and will not be liable for the Site becoming temporarily unavailable in the instance of technical issues or any associated problems arising from technical or other issues beyond our control. We also take steps to ensure that the Site 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 Site or any linked website.
You agree that the display of products for sale on the Site are an invitation to treat and are not a contractual offer for sale. Polka Label may in its sole discretion reject, not accept or cancel your offer to purchase any products for sale on the Site in its sole discretion and for any reason.
- LIABILITY & INDEMNITY
To the extent permitted by law, Polka Label’s maximum aggregate liability to you arising out of or in connection with these Terms & Conditions, your use of the Site or use of Polka Label products, whether arising in contract, tort (including negligence), statute, debt, indemnity or in equity is limited to us resupplying the product to you, or payment of the cost of having the product resupplied to you.
Polka Label shall not be liable to you or any third party, whether under contract, tort (including negligence), statute, debt, an indemnity or in equity, for any:
- indirect or consequential loss, damages, costs, expenses; or
- loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of production or damage to goodwill or reputation,
arising out of or in connection with these Terms & Conditions, your use of the Site or use of any Polka Label products.
By accessing the Site, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses, including legal fees, arising out of or in connection with your use of the Site and any Polka Label products.
To the extent permitted by law, any condition, term or warranty, including any warranty that the products will be fit for any particular purpose, which may be implied into these Terms & Conditions is expressly excluded.
- APPLICABLE LAW AND JURISDICTION
Your use of the Site is governed in all respects by the laws of the State of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of NSW in relation to any legal proceeding directly or indirectly arising out of or relating to the Site including but not limited to the purchase of Polka Label products.
- NOTICES & CONTACT
For the purposes of contacting Polka Label or providing notices under these Terms & Conditions, please contact us as follows:
Polka Label Australia Pty Ltd
ACN 95 742 527 748, ABN 95 742 527 748
74 Ash Dr
Banora Point, NSW 2486