T & C

TERMS OF SERVICE ---- OVERVIEW This website is operated by Laser Cut Crafts™. Throughout the site, the terms “we”, “us”, "company" , "Business" and “our” refer to Laser Cut Crafts™. Laser Cut Crafts offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Laser Cut Crafts, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Laser Cut Crafts and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Po Box 172 North Beach, North Beach, WA, 6025, Australia.

INDUSTRY SPECIFIC T & C
1. The Company is responsible for arranging delivery from the Company’s premises to the Customer at its delivery address set out in the order, but the Company shall not be liable for any loss or damage if it is unable to deliver the goods to the address specified by the Customer for any reason not of its causing. The Customer is liable for any additional delivery charges of which it is advised by the Company before the order is placed.

2. In the event that the Customer specifies a delivery date, the Company shall use its best endeavors to comply with the Customer’s requests. In no circumstances will the Company be liable for any loss or damage of any kind whatsoever in the event that it is not able to comply with the Customer’s request for delivery at a certain time. The Customer acknowledges and agrees that it will not make any claim against the Company for any loss or damage incurred as a result of late delivery.

3. Delivery of the goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement. This includes handover to a third party courier or postal service, Laser Cut Crafts™ will not be liable for any loss or damage to goods after the goods have been received into the courier service and DOES NOT take responsibility for such disputes, we will however assist any customers with a dispute resolution to the individual courier company and will provide all necessary documentation to both party's involved, All breakable items are photographed by us before dispatch and a copy of the photos of how items are packaged are available on request.

4. CUSTOM ARTWORK ( Client Supplied artwork)
We do not take responsibility for pieces that have cut wrong or were not as you expected because there was a fault in the file or design. Please be aware that pieces that are detailed and/or cut out of wood will be fragile and should be designed accordingly. We take no responsibility for pieces that break when you wear or use them, this all needs to be taken into account when you design your product and if unsure please order a sample first.

There are no returns on laser cut goods. We don’t replace goods because they didn’t turn out as you hoped, because you’re not happy with the material or because their was a design problem with your drawings – however if pieces arrive broken in the post we will be happy to supply you with a new one, just us to request a replacement.

5. CLAIMS
It is the responsibility of the Customer to check each delivery to ensure that the delivery is complete and in good condition. The Customer will be deemed to have accepted the goods as being in accordance with its order and received in good condition unless it notifies the Company in writing of any claim within seven (7) days of receipt of the goods.

The Company will not accept a return of goods unless the goods are defective and if so the Company’s liability is limited (to the extent permitted by law) to the replacement of any defective goods. No return of goods will be accepted unless the returned goods are in their original condition and packaging. The Customer is responsible for any freight or delivery costs to return goods to the Company unless otherwise agreed.

6. WARRANTIES

All warranties whether express or implied and whether statutory or otherwise with regard to the goods supplied by the Company as to quality, fitness for purpose or any other matter are hereby excluded except in so far as any such warranties are incapable of exclusion at law, and the liability of the Company is limited to the extent permitted under s 64A of Schedule 2 of the Competition and Consumer Act 2010.

In the event that the Company fails to deliver a product or service by an agreed date, or that the product fails then the Company shall not be liable for consequential loss.

Where a manufacturer’s warranty exists then the Customer may only rely on such warranty and shall not be entitled to rescind or cancel the agreement or sue the Company for damages or claim restitution arising out of any misrepresentation made to him by any servants or agents of the Company. The Customer acknowledges that it has relied on its own skill and judgement in deciding to enter into this agreement and has not relied on any representation, condition, warranty, covenant, or promise made by the Company or for and on behalf of the Company.

7. INTELLECTUAL PROPERTY

(a)   The Company shall retain the copyright in all drawings & Photographs of any products produced for the Customer unless otherwise agreed in writing and reserves the right to use as seen fit for marketing and promotional purposes unless otherwise specified prior to commencing work.

(b)   If the Customer provides the Company with any specifications, designs or drawings for the production or manufacture of any item or items then the Customer hereby warrants that the use of these designs, drawing or specifications will not infringe any third party’s rights and the Customer hereby indemnifies the Company against any claims demands suits or actions in relation thereto.

(c) Whilst all care is taken to ensure errors in designs or spelling, punctuation and likewise does not occur, Laser Cut Crafts™takes no responsibility on errors supplied to or by a customer, if the artwork/ design is approved by the customer either by way of writing or phone this is considered legally final and reserves the right to refuse any claims for compensation of said items.

8.  CANCELLATION

Orders placed with the Company cannot be cancelled without the written approval of the Company. In the event that the Company accepts the cancellation of any order placed with it, it shall be entitled to charge a reasonable fee ( up to 80% of order value) for any work done on behalf of the Customer to the date of the cancellation including a fee for the processing and acceptance of the Customer’s order and request for cancellation Including remuneration of any materials purchased for the required job, Laser Cut Crafts™ will retain possession of these materials unless otherwise directed by the customer in writing within Seven (7) days of the company accepting the cancellation, Whereby the customer requires the raw materials to be shipped to them they are hereby liable for all Shipping Costs and all discounts previously agreed upon will be revoked.

9. MATERIALS

1. Every precaution will be taken to ensure that the materials offered by Laser Cut Crafts™ are of a high standard, previously tested for laser suitability and of a minimal environmental impact

2. Variations will occur in natural materials and manufactured materials (i.e. Cast PERSPEX is manufactured in accordance with ISO7823-1, which means for the thickness range of 2 to 25mm, a manufacturing tolerance of + / -10% plus 0.4mm (e.g. an 8mm cast sheet could vary from 6.8mm to 9.2mm in thickness). Without prior agreement, it is not the Company's responsibility to pre-check material thickness or other parameters before commencing laser work, we will take the manufacturers specification details in good faith, and use these materials in the accepted way. We can check materials tolerances and communicate these to the Client, prior to commencing laser work, as an additional service if required.

3. We will not be held accountable for any inconsistencies in material that could result in inaccuracies with the cutting or engraving, although every effort will be taken to ensure the best results, and in many cases, we will offer to redo unsatisfactory work as a show of good faith. This does not constitute the Company accepting liability unless agreed in writing.

4. Protective backing is provided as standard on many materials (acrylic, ABS etc.), and will be added if appropriate to other materials (birch plywood, veneered MDF). Without prior written agreement, it is the Client’s responsibility to remove protective backing, as the backing will protect the work during transport and help it to arrive is the best condition possible. Backing removal and other finishing can be offered as an additional service.

5. When a Client provides material for laser work, it is their responsibility to deliver them in good condition and to ensure, as far as possible that they are suitable for laser work and the project intended. The Company reserves the right to refuse to laser suspect materials, and to seek damages if Client materials subsequently cause harm to Company staff and equipment.

6. While every reasonable effort will be made, if we carry out the Client's instructions on their materials, and the results are not as expected, this does not constitute a mistake on the part of the Company, and the Company will not be liable for a refund of laser charges, or for the value / replacement of the Client material.

7. Every reasonable care and precaution will be taken with a Client's material to protect it from loss or damage whilst in our possession. But we are not liable for accidental loss or damage to Client materials whilst on the Company premises. Our commitment is to: - Storing the material in an appropriate way - Ensuring that the material/object is kept safe to avoid loss or damage - Ensuring the Company's premises are securely locked

8. We do not commit to storing Client materials indefinitely. Without specific agreement in writing, Client materials should be used within one month from the date of arrival. After three months, the Company reserves the right to charge for storage and / or dispose of the materials as they see fit

9.  It is recommended Company materials are used whenever possible to maintain the highest standards of laser work.

10. OTHER T & C

1. Whilst we always push the limits of design with our machines, our laser and vinyl machines do have some limitations, if a client requires a specific material to be laser cut or engraved the company takes no liability if the product does not achieve results expected, and the customer will be charged at full quoted rate for these items or part there of.

2. In the event a customer wishes to supply there own material to engrave/ cut, Including but not limited to Crystal, Jewelry and other precious metals they do so at there own risk, Laser Cut Crafts™ will NOT accept liability or claims for any damage to such items, furthermore should the engraving/ cutting of such materials cause damage to our equipment, Laser Cut Crafts™ reserves the right to seek ALL associated costs with repairs within reasonable grounds to the equipment, to ensure in the unlikely even this occurs Laser Cut Crafts™ will at there cost provide you with a third party quotation from a licence laser technician.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at Sales@LaserCutCrafts.com.au