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Terms & Conditions

Terms & Conditions

WINDFLAG Online Store


In these Terms and Conditions of Sale ("Conditions of Sale"), "we" or "us" means WINDFLAG ONLINE is a subsidiary business of Advanced Digital Imaging Pty Ltd ABN# 67 077 118 168 and "you" means the person, organisation or entity that purchased the products or related services from us. 


Please read through these Conditions of Sale carefully as they form the agreement under which we will supply products and services to you. These Conditions of Sale apply to all sales made by us to consumers whether products and services are purchased online or over the telephone. 


Orders 


You may place an order with us over the telephone or by completing and submitting to us an online order form on our website. We may at our discretion accept or reject an order depending on a variety of factors, such as availability of the ordered products or our ability to validate payment for the products. You must not order products or services from us if you are under eighteen (18) years of age. We may, at our discretion, treat any order by a person under eighteen (18) years old as void.


Please choose your products carefully, prices are subject to change and so you should check the latest price on our website or confirm the price with our sales team on the phone before placing your order. It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process or before you place your telephone order. 


We will provide you with an "order reference number" via a confirmation email or over the phone once your checkout process or phone order is complete. However, if you are paying by credit card, debit card, EFTPOS or PayPal we will not complete your order until your payment has passed our internal validation procedures. Once your payment has been validated, we will process your order and provide you with an order reference number. Please keep your order reference number safely. 


Once we have given you an order reference number, a binding agreement will come into existence between you and us and only these Conditions of Sale will apply in relation to the supply of the ordered products. If you wish to cancel your order, we ask that you advise us within two hours of placing your order and you will receive a full refund subject to these Conditions of Sale. 


Availability 


We do our best to keep in stock most products that are advertised by us. All stock availability as represented on our website or by our sales or Customer Service Team is accurate in accordance with our current stock levels. However, these stock levels are subject to change without notice. 


If for any reason we cannot supply a product you have ordered, we will let you know over the phone or contact you using the details provided by you at the checkout process to amend, cancel or put your order on backorder as agreed with you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available. 


Price and Payment 


The price payable for a product is the one set out on our website or advised by us over the phone at the time you place your order. All prices are inclusive of GST, we make every effort to ensure prices and product information on our website, catalogues or advertisements are correct and up to date. Prices for our products displayed on third party websites may not be correct and we are not bound by them. 


We accept payment by PayPal, American Express, VISA, MasterCard credit cards and Direct Deposit. Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology and use PayPal a secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party. 


If you have a promotional/discount/coupon code, you will be prompted to enter the code at the checkout and this will generate a discount from your cart value or add an incentive. To activate, simply enter a valid code then click the "Apply" button. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion. Promotional codes cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact our Customer Service Team. 


Your tax invoice will be sent to you when the items you have ordered have been dispatched. Your tax invoice is your proof of purchase and will be required for any warranty claims. 


Titles & Risk 


Notwithstanding delivery of the products to you - title in the products will not pass to you until the latter, of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason, we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you during delivery. 


You acknowledge and agree that a purchase money security interest in the products which we are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) ("PPSA"). To the extent permitted under the PPSA, we each agree to contract out of the provisions listed in section 115 of the PPSA. You waive your right to be provided with verification statements under section 157 of the PPSA. We agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA. 


Delivery 


PO BOXES: We do not deliver to PO Boxes. 


Your order will be not be shipped until we receive your acceptance of freight price. 


We do not commit to an exact delivery time or date for most orders. You may request a specific time and date for delivery, however please note there are additional charges. Please contact us for pricing. 


CHANGE OF ADDRESS: If you need to change a delivery date or the delivery address, please contact our Customer Service Team within 2 hours of placing your order. 


RE-DELIVERY FEES: If you are not available to take delivery at your specified, you will be charged a delivery fee for each additional attempt for delivery. If neither you nor your authorised representative is at the delivery address to take delivery, the courier company will leave a card with our contact details so that you can contact them to arrange another delivery time and date. 


Warranties and limitations of liabilities 


Nothing in these Conditions of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law ("ACL") (or any liability under them) which by law may not be limited or excluded. If you are a "consumer" under the ACL the following notice applies to you: 


Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law ("Consumer Guarantees"). You are entitled to a replacement or a refund for a major failure. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. 


Your product may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL the manufacturer's warranty may be your sole remedy. If you would like to make a claim under the manufacturer's warranty, please contact our Customer Service Team.  

We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale. 


Whereby law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products. 

To the extent permitted by law - any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part. 


Warranty Program 


All WINDFLAG ONLINE items come with a 1 Year Warranty or otherwise specified. Simply keep your tax invoice as proof of purchase and contact our sales team by phone or email. Please review the Warranty Info displayed on each product page if you are unclear about the item warranty period, contact our sales team. We aim to provide a quick decision and return on any valid warranty issues. Warranty issues are limited to 'normal' use, suitable to and in accordance with any procedures specified by the manufacturer. Permanent installation of our products may require the professional services of a trained or qualified tradesman. Warranty may be void if your product exemplifies any of the following issues: 

  • The product is physically damaged 
  • The product is subject to excessive force or repetitive strain
  • The product is dismantled, modified, cut, or deformed 
  • The product is painted, marked, or soiled from installation or use 
  • The product is subject to contaminants such as sand, water, soil, etc.
  • The product is subject to weather, pets, or pests 

How to Claim a Warranty 


Please email the following details to sales@windflag.com.au 

  • Invoice # 
  • Product # and Name 
  • Fault 
  • Your Contact Info 

We'll get back to you as soon as possible to resolve the situation to the best of our ability. If you are required to send your item back to us, please take special care to package it well - we will not be responsible for any damage caused during the return shipping. All goods must be returned to us at your cost.


Returns Policy & Refunds 


All product returns are subject to WINDFLAG ONLINE Returns Policy which forms part of these terms and conditions: 

  • You must claim for the return and refund within 7 Days of the original purchase. 
  • We will only accept returns when the goods have a demonstrable manufacture fault. 

We do not offer "Change of Mind" refunds. 

No refund for any amount for the design or printing or shipping. 

If your product is custom-made or is a special-order product, returns will not be accepted. 


If your product is eligible for a return, please contact our Customer Service Team to arrange for the return. 


You must adequately package any product you are returning to ensure that it is not damaged during return delivery to our warehouse. All original items including packaging must also be returned. You may choose to return the product by your own means or we will arrange for any products you want returned to be collected at your cost. 


If you are entitled to a refund, we will only give you the refund once we have received the product at our warehouse and inspected it and assessed, whether it is eligible for a refund under these Conditions of Sale. Any refund we make will be by the same payment method used to purchase the product. 

 

Release and Indemnification 


You agree to release us and our members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site and the Content. If at any time you are not happy with the Site or the Content or object to any material within the Site or the Content your sole remedy is to cease using them. 
 
You agree that you shall indemnify 
WINDFLAG ONLINE and all parties from whom WINDFLAG ONLINE has licensed portions of Content and their directors, officers and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to WINDFLAG ONLINE or incorporated into Products. As to clause (ii), you agree that we have the right to control the defence of any such suit, claim or demand. 


Copyright and Copyright Notices 


This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as "Content”). This Site and all Content are the copyrighted property of Advanced Digital Imaging Pty Ltd. or its subsidiaries (referred to herein as “WINDFLAG ONLINE”) or the copyrighted property of parties from whom WINDFLAG ONLINE has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish or use any portion of the Content except as expressly allowed in these Terms of Use. WINDFLAG ONLINE reserves the right to add to, delete from or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or WINDFLAG ONLINE remain the property of WINDFLAG ONLINE and its licensors. The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, colour schemes and design effects. WINDFLAG ONLINE reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other WINDFLAG ONLINE customers may use the design tools to create logos that have similar or identical combinations of these elements and WINDFLAG ONLINE does not guarantee that your logo will not have similarities to logos designed and used by other parties. WINDFLAG ONLINE provides no warranty of any kind that logo designs created using the design tools will not infringe or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party. 

 

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