TERMS AND CONDITIONS
Welcome to Eltien. Thank you for using the Eltien website and the products, services and features we make available to you on our website (collectively, the "Services"). Please read these Terms and Conditions as well as our Privacy Policy carefully. By accessing or using our website and services, you are agreeing to these Terms and Conditions and Privacy Policy with Eltien.
Definitions
Eltien / We / Us / Our means Eltien & Co (ABN 26 943 964 573).
Eltien Website / our Website / the Website means the website Eltien.com and all of its subdomains.
You / Your means the viewers or users of our website and services.
CONTENT ON THE SERVICES
Our Content
We have taken proper care and precautions to ensure that the content on our website and our services are accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of the content on our website and services or any linked site. Any use or reliance on the content on our website and services or any linked site is at your own risk.
Product Code Names
Each of our products is associated with a specific code name. These product code names are randomly selected among popular person names for identification purposes of Eltien products only. No identification with actual persons (living or deceased), places, or buildings is intended or should be inferred.
Time Zone
Occasionally we may use the international time zone GMT+0 on our website and services and notifications to users. We will let you know explicitly when the time zone GMT+0 is used. Please keep in mind that our business days are always determined based on GMT+0 time zone, except where indicated differently.
Intellectual Property and Copyrights
ELTIEN reserves all of its intellectual property rights and copyrights on our website and services, including our own graphics, layout design, data, codes, tutorials, videos, reviews, social media posts and databases. You must not use or replicate our copyright material other than as permitted by law. If you wish to use any of our intellectual property, you should submit your request to us at contact@eltien.com. Trademarks and logos used in connection with our website and services are the trademarks and logos of their respective owners.
Your Content
Some of our products may ask you to provide or upload certain information, text, graphics, videos, or other material. By using our website and services, you acknowledge and agree that you are solely responsible for any content you provide, including compliance with applicable laws, rules, and regulations. We reserve the right to decline or terminate our services to any content with copyright, trademark or intellectual property violations, impersonation, harassment, or unlawful conduct. We also reserve the right to suspend or terminate, temporarily or permanently, your account as a result of these violations.
Your Rights and Grant of Rights
You retain your rights to any content you provide on our website and services. By submitting your content, you grant Eltien a right to store, edit and modify your content as we produce the customized artwork following your order. You acknowledge and agree that you have, or have obtained, all rights, licenses, consents, permissions, power, and authority necessary to grant the right described above.
Links to External Websites
Our website and services may contain links to external websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any external websites or services. You acknowledge and agree that we will not be responsible or liable for any loss or damage arising out of or in connection to your use of these external websites or services.
Services Limitations and Modifications
We will make our best efforts to keep our website and services up and running. However, temporary interruptions may occasionally happen as a result of maintenance, updates, or certain technical problems. We reserve the right to, periodically and at any time, modify or discontinue functions and features of our services, discontinue certain products, modify prices and options of our products, with advance notice where possible, all without liability to you. We also retain the right to create and modify limits on your usage and storage on our services at our sole discretion.
USING THE SERVICES
Account
Some functions and features of our website and services require you to create an account with a username (email) and password. Please use your real name when you signup for an account as the tax invoice, if you make a purchase, will be issued in your name. Use a strong password and keep it confidential to protect your account. Your username (email) cannot be changed after signup, but you can update your name and password at any time from your account setting. You agree that you are solely responsible for maintaining the confidentiality of your login details (username and password) and for all activities carried out under your account. We cannot and will not be liable for any loss or damage from any unauthorized use of your username and password.
Product Options and Price
One of the key features of our services is to customize artwork following your order. For this purpose, each product item ("Item") in your order is associated with a set of customization options and inputs (collectively as "Options"), which can be categorized into 4 groups. (1) TIMELINE options include the number of business days ("Turnaround") that your customized item will be sent to you and/or available for your download after you place your order, and the number of revisions ("Revision") you will be allowed to revise your customized artwork. If the Item can be purchased in physical format (for example, a printed poster for wall art), you also need to select the ARTWORK TYPE (Digital File Only or the appropriate physical format) in this option group, and the timeline of your item will change accordingly (see the Turnaround and Revision for Digital Files Only or Physical Products for more details). Depending on each item, you may be asked to, optionally or mandatorily, (2) select the OUTPUT (such as the digital format or paper size) and (3) provide certain DETAILS (such as to upload relevant images or provide text inputs) for customization purposes. In addition, if you select a physical item to be shipped or self-collected, you need to provide your address and contact details in the DETAILS group. You may also be able to (4) select some EXTRA customization options for your items. Each item will be priced according to its options. We reserve the right to discontinue the products, modify the options and prices of the products on our website and services at any time.
Shipping
If you wish to purchase a physical item which is going to be shipped, you need to provide a valid shipping address and contact details, including a full name (required), an email address (required), and a phone number (optional). When your item is ready for shipping (see the Turnaround and Revision for Physical Products for more details on item review), we will use the provided shipping address and contact details to purchase a postage label for your item with a third party that governs our delivery services (such as Australia Post or Sendle). You agree to abide by any relevant Terms of Service or other legal agreement with the third party that governs the delivery services. The use of information that we collect is governed by our Privacy Policy. Once we start shipping your item, we will send a notification email to the contact email address with more details on the delivery service and, if possible, tracking information. You acknowledge and agree that we can use the provided information (shipping address and contact details) as stated above AND you are solely responsible for the validity of the provided information. Failure to do so may result in your item being lost or returned to us at your own cost. We reserve the right to update our delivery services, serving destination, postage cost, and delivery estimates at any time. Please note that these changes will not affect items that have already been purchased.
Self-Collect
If you wish to purchase a physical item which is going to be collected (self-collect), you need to (1) select a collect location and (2) provide details of the collecting person, including a full name (required), an email address (required), and a phone number (optional) for verification purposes. When your item is ready (see the Turnaround and Revision for Physical Products for more details on item review), we will deliver it with the associated verification details to the selected location which might be managed by a third party that governs our delivery services. You agree to abide by any relevant Terms of Service or other legal agreement with the third party that governs the delivery services. The use of information that we collect is governed by our Privacy Policy. We will send a notification email to the contact email address with specific instructions on the collect location, including the address and hours. Upon arriving for collection, you might be asked to provide the notification email and/or contact details for verification purposes. You acknowledge and agree that we can use the provided contact details as stated above. We reserve the right to decline our self-collect service if you are unable to verify your contact details or comply with the instructions at the collect location. As we continue to grow, we reserve the right to update our collect locations (such as the address and hours) and/or verification procedure on our website at any time. Please note that these changes will not affect items that have already been purchased.
Order and Purchase
If you wish to purchase any product available on our website and services, you will be asked to follow certain steps and complete the requirements for each step. You acknowledge and agree that these steps and requirements will be fulfilled for each and every item in your order. Failure to do so may lead to the rejection of your order at our sole discretion.
Add Item to Cart: After adding a product item to your cart, you need to provide its customization options. All of the options that you provide must meet the requirements detailed in the product description, product briefing details, the instructions for each option, and all relevant terms and conditions in this agreement. Two specific requirements are (1) all text inputs must be in English and (2) all images that you provide must be of decent quality. What constitutes a decent quality image will be determined at our sole discretion. We reserve the right to decline your order if any of the requirements of any item in your order is not met at our sole discretion, even after you already paid for your order. In this case, you will be entitled to a refund of your purchase, except when your purchase is fully paid by Gift Card (see Refund and Cancellation).
When you add a product item to you cart, you will have 3 days to review your item and amend its options. Unless you make a payment during this time, your item and its options are subject to changes due to certain scenarios below. (1) If the product is discontinued from our website and services, your item will be removed from your cart. (2) If we modify the options and prices of the product in our website and services, your options will be reset to default options. After 3 days without successful payment, your item will be removed from your cart. We do not provide a storage service, so even though the item and its options, including but not limited to the uploaded files, are saved in your cart, we do not provide content protection on the options that you save. We cannot, and will not, be liable for any loss or damage if your saved options are changed, reset, removed, or lost due to any reason. We reserve the right to change how and how long we save items in your cart at any time.
Checkout: We will make our best efforts to ensure that you will receive your customized artwork with the highest quality possible. When you checkout, each item in your order will be assigned a "slot" in our designers working queue. This slot will decide whether we can return your customized artwork for download (digital file only) or review (physical format) within the turnaround you select for your item. From time to time, especially during peak seasons, the orders that we receive may exceed our designing capacity and we may not be able to commit to your selected turnaround. In such case, we will offer you a lower price for the delayed item. You need to carefully review and decide to accept or decline those offers before you can proceed to Payment. To provide a smooth and fair experience for all customers, each item can hold its slot for 15 minutes. During this time, if a different turnaround is selected or extra work is added to an item, the initial slot of that item may be shifted to later in the queue and, hence, the turnaround that we initially commit may change. How we calculate and assign slots to the items is at our sole discretion. We cannot and will not be liable to any loss or damage due to the change in the committed turnaround of the items in your order during checkout. We reserve the right to change the checkout process, including, but not limit to, the time limit, at any time.
Place an Order: You agree to pay for all items in your cart at the time of purchase. We will charge your credit card or other form of payment for the total price (GST inclusive) and currency listed. If your payment is successful, you will be issued an order confirmation and a tax invoice via email which are also ready for download at the time of purchase. You can also retrieve your order confirmation and tax invoice through your account under "Order" at any time. As our business is based in Australia, the tax invoice is only issued in Australian currency (AUD) regardless of the currency you paid. The price and GST (10%) on the tax invoice are calculated in AUD at the exchange rate published by the Reserve Bank of Australia (RBA) at 4.00pm Australian Eastern Time on the Australian business day prior to the date of the tax invoice.
Our payment solution is powered by third parties (such as PayPal and Stripe). We accept payment via one of the payment methods indicated on our website and services, which may include Credit Card, PayPal and any other form of payments that we make available to you from time to time. You must have a valid accepted form of payment to place an order. When you purchase, you might be given an option to save your payment method to facilitate future transactions. With your consent, you allow Eltien and/or a third party to collect certain information for that purpose. You agree to abide by any relevant Terms of Service or other legal agreement with the third party that governs your payment. The use of information that we collect is governed by our Privacy Policy.
After you pay, the items and options in your order will be "locked," and we will serve your order with the provided options, even if we may discontinue the products or changes their options and prices on our website and services. We do not provide price protection or refund in the event of a price reduction or promotional offering.
Refund and Cancellation
You can cancel your purchase and receive a full refund for each item in your order as long as we have not sent any material of the customized artwork of that item to you. In this case, you need to submit a cancellation request to our customer support team at the email address customerservice@eltien.com. If we decline an item in your order because any of the customization options that you provide does not meet the requirements for that item or violate relevant terms and conditions of this agreement (see Order and Purchase for more details), you will receive a full refund for that item. In this case, you will receive a notification from us about the decline reason and refund details.
For digital files only, if you are not satisfied with your final artwork (i.e., after all allowed revisions), you can contact us to request for an extra revision or a full refund of your item. Request for an extra revision or a refund of an item in this case must be made within 7 days after we send the final version of customized artwork of that item to you and must be submitted to the email address customerservice@eltien.com. Your request is subject to all relevant terms and conditions in this agreement and will be reviewed by us on a case-by-case basis. We reserve the right to approve or deny your request at our sole discretion.
For physical items that have been shipped or collected, as we always send the digital files of these items to you for review and only print and deliver the "physical part" (e.g., printed poster) upon your confirmation on these files, we cannot refund to you the "digital part" of these items due to the nature of digital files after they have been sent, reviewed AND confirmed. If you want to return the physical item or if the physical item arrived or collected being damaged or defective due to our faults (for example, tear and wear during delivery or printing failure), we will either (1) re-print the item and re-send to you, or (2) issue a refund for the "physical part" of the item. To calculate the amount of refund for the "physical part," we will subtract the cost of the Digital File Only option on our website from the total amount of your item. For the re-send or refund, you need to submit a request to our customer support team at the email address customerservice@eltien.com within 7 days of receiving your item. Your request is subject to all relevant terms and conditions in this agreement and will be reviewed by us on a case-by-case basis. We reserve the right to approve or deny your request at our sole discretion.
When you have multiple items in your order, the refund amount for each item is proportional to the total price that you are actually charged when you purchase, which might be lower than the total price of all items in your order in case you combine with Gift Card or Promotion Code when you purchase. Please note that we cannot refund to Gift Cards. Therefore, if your order is fully paid by Gift Card, all items in that order will not be entitled for a refund in any circumstances. You acknowledge and agree that the money you receive from a refund may be less than the money you paid due to processing fee and/or foreign exchange fee charged by the selected third party that governs your payment method.
Turnaround and Revision for Digital Files Only
By default, your artwork will be for digital download only. In this case, you can select the normal turnaround of 3-5 business days or the fast track 1-2 business days with an extra cost. When the customized artwork of your order is completed, we will send the files to you in digital formats ONLY (such as PDF, image or video files), either via email and/or available for you to download at your account under "Order." Even in the case that you select printed output format, paper size, or print size, these options are only used to determine the appropriate size of your digital customized artwork. You will be solely responsible for printing your artwork. Please note that printed colors may vary slightly from what you see on your screen.
For each item with Digital Files Only in your order, you always have 1 revision allowed after we send you the initial version of your customized artwork. You can select 1 more revision with an extra cost. Within 7 days after we send you a version of your customized artwork, you can submit a revision request for the next version if you still have some revisions remaining (see Revision Request for more details). If we do not receive any revision request within 7 days after we send you a version of your customized artwork, your item will be automatically marked as complete and no further revision will be allowed on that item, even if you still have not used all of your allowed revisions. In case you satisfy with the customized artwork, you can mark your item as complete at anytime.
Turnaround and Revision for Physical Products
If you purchase a physical product (for example, a printed poster) which is going to be shipped or self-collected, we will send you the digital file(s) of your customized artwork within 1-2 business days to review. If you want to revise the file(s), you can make up to 2 revision requests (see Revision Request for more details). If we do not receive any revision request within 2 days after we send you the file(s) for review, your item will be automatically marked as ready for print and no further revision will be allowed, even if you still have not used all of your 2 revisions. In case you satisfy with the file(s), you can mark your item as ready for print at anytime.
Once your item is ready for print, i.e., the file(s) are confirmed after reviewing or if your revision request expires, we will print your item and send it to your shipping address (if you select delivery by post) or notify you to collect (if you select delivery by self-collect). In the former case (delivery by post), we also let you know the estimated delivery time that is available from the third party delivery service. Please note that the actual delivery time may be different and we do not guarantee the accuracy and current of the estimated delivery time. We cannot, and will not, be liable for any loss or damage if your item is not delivered during the estimated time due to any reason.
Revision Request
If you want to revise the digital files of your artwork, you must do it on our website by going to your account under "Order," then click on the Receipt ID of your order, then Detail of the item you want to request revision. We do not accept revision request via email. If you need help, please contact us for technical support at the email address customerservice@eltien.com.
If there are multiple files associated with your artwork, you need to enter your revision note (limit at 500 characters, English only) for each file separately. Note that some files are not open for revision. Before you submit your revision request, you can save and edit your revision notes at anytime. Saving your notes does not mean a revision request, they must be submitted with a revision request to be valid. When you submit your revision request, all revision notes that you enter will be sent together once and you cannot change your revision notes after they are submitted. Any file without a revision note when you submit your revision request will not be revised and returned to you, even if you may mention about it in the note for another file. We reserve the right to decline a revision request if it is inappropriate. What constitutes an inappropriate request will be determined at our sole discretion.
Download Digital Files
After all items in your order are completed, you will have 30 days to download your customized artwork. After this time, all files related to your complete order, including the files you uploaded and your customized artwork, will be deleted. You are still able to download your order receipt and the tax invoice by logging to your account under "Order" and Older Orders tab.
Advertising and Promotion
You agree that we and our third party providers and partners may place advertising on our website and services. From time to time, we may offer discounts or promotions on our products and services. Besides the terms and conditions in this agreement, the discounts and promotions that we offer may have additional terms and conditions. By using our discount or promotion offers, you also agree to those additional terms and conditions. To the extend permitted by law, we reserve the right to run our discount and promotion offers, either by us or in connection with our third party providers and partners, at our sole discretion. We also reserve the right to display, update, or remove discount and promotion information on our website and services at any time.
Customer Support
For customer support, please submit your enquiry to our customer support team at the email address customerservice@eltien.com. We will make our best efforts to respond to all customer support queries within a reasonable time frame but we make no promises that any customer support queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
Communications
You agree that we will communicate to you either within our website and services or send email to your email address, which is your account username. You have the option to receive or opt-out from receiving marketing communications from us. This option can be selected or deselected when you signup, and can be changed at any time from your account setting. From time to time, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of our website and services, and you may not be able to opt-out from receiving them.
Social Media
If you contribute to our social media accounts and forum (if any) and your comments and posts are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or conflict with our website and services, then we reserve the right to refuse to publish such comments and posts and/or remove them from our social media accounts and forum.
Information Collection
When you signup for an account with us, your signup information, including your first name, last name, email address, password, and preference for marketing emails will be collected by Eltien. In addition, when you purchase a physical product (for example, a printed poster) which is going to be shipped or self-collected, your shipping address and contact details will be collected by Eltien for delivery and verification purposes. Besides the signup and delivery information, Eltien will not collect any of your personal data or sensitive information. Upon your consent (1) when you agree to save a payment method with a third party or (2) when you purchase an item which is going to be shipped by a third party or (3) when you purchase an item which is going to be self-collected at a location managed by a third party, we do not disclose any of your personal data to third parties.
When you use our website and services, the information we collect is (1) your visits (clicks) to our products, (2) your transaction ID and reference (such as the last 4 digits of your card and your card type), which are non-sensitive and compliant with Payment Card Industry (PCI) standard, for each purchase you make, and (3) your shipping address and contact details for delivery. The transaction information will be used to retrieve your transaction details with your consent or as required and authorized by law. The delivery information will only be used for shipping or self-collect verification purposes or as required and authorized by law. The click information will only be used by Eltien in order to analyze markets and improve our products and services. If you select to receive marketing emails, some of the collected information will be used to make recommendations for products and features that may be useful to you. The use of all information that we collect is governed by our Privacy Policy.
Confidentiality
All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of our website and services will be confidential due to the potential ability of third parties to intercept and access such information.
Limits and Restrictions
You agree that you will use our website and services in accordance with all applicable local, state, national and international laws, rules and regulations. You agree that you will not use, nor will you allow or authorise any third party to use, our website and services for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with our website and services. You are not permitted to (i) probe, scan, or test the vulnerability of our website and services; (ii) breach or circumvent any security or authentication measures implemented in our website and services; (iii) reverse engineer, decompile, disassemble, modify, or copy our website and services except to the extent permitted by applicable law. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request.
Suspension and Termination of Services
If we detect suspicious activities related to your account, we reserve the right to suspend certain functions and features of our website and services. We shall provide you with reasonable notice of why we do so and when you will be able to use those suspended functions and features. Both you and Eltien may terminate this agreement at any time with notice to the other. You can terminate this agreement by deleting your account and you will also lose the right to access or use our website and services on termination. We reserve the right to suspend your account and access to our website and services if you breach the terms and conditions in this agreement. If you or Eltien terminate this agreement, you agree that we shall have no liability or responsibility to you, and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
Warranty Disclaimer
YOU UNDERSTAND AND AGREE THAT ELTIEN WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ELTIEN DOES NOT WARRANT THAT OUR WEBSITE AND SERVICES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. ELTIEN MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, ELTIEN MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS, USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY THIRD PARTIES ON OR THROUGH OUR WEBSITE AND SERVICES. ELTIEN IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTIES. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM ELTIEN SHALL CREATE ANY WARRANTY ON BEHALF OF ELTIEN. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELTIEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OR LOSSES, WHETHER TANGIBLE OR INTANGIBLE, RESULTING FROM AUTHORIZED OR UNAUTHORIZED USE OF OR ACCESS TO OUR WEBSITE AND SERVICES.
Indemnity
To the fullest extent permitted by applicable law, you agree to indemnify and hold Eltien harmless from and against all damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees and costs) arising out of or related to: (1) your use of and access to our website and service; (2) your violation of any term or condition of this agreement; (3) your violation of any law or the rights of a third party; or (iv) any claim that your content caused damage to a third party.
GENERAL
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to make changes to these Terms and Conditions at any time. When we make material changes to these Terms and Conditions, we will provide you notice through our website and services or by other means, e.g., sending an email, to provide you the opportunity to review the changes before they become effective. What constitutes a material change will be determined at our sole discretion. If you object to any changes, you may close your account. Your continued use of our website and services after we send a notice about changes to these Terms and Conditions means that you are consenting to the updated Terms and Conditions as of their effective date.
Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia. Any disputes concerning our website and services are to be resolved by the courts having jurisdiction in Victoria, Australia.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
Contact Us
These Terms and Conditions are an agreement between you and Eltien. If you have any queries or questions about these Terms and Conditions, please contact us at:
Address: 13 Wallaroo Way, Doreen, VIC 3754, AUSTRALIA
Email: contact@eltien.com
Phone: +61 (04) 2394 9804
Effective: Oct 03, 2021
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