Terms of service
Indelible House Website Terms of sale
These Terms and Conditions apply to products and services (“Goods”) sold by Indelible House Pty Ltd ABN: 49604709168 (referred to as “Indelible Shop”, “we” or “us”) through its website - indelibleshop.com
Please read the following Terms and Conditions carefully before placing your order as these Terms and Conditions govern the ordering, processing, fulfilment and delivery of any Goods sold through the website. By placing an order, you agree to be bound by these Terms and Conditions.
1. What is Indelible
Indelible is a business that provides products, authentication and provenance services that includes the signing, stamping, provision of QR Code or affixing a unique mark on Goods with a unique identifiable and traceable solution which authenticates the origin and genuineness of these Goods (Indelible Services).
Suppliers of these Goods are using the Indelible Services to provide origin and authenticity assurance to purchasers of these Goods.
For the purpose of these Terms and Conditions and the Indelible Services, QR Code means a machine readable 2 dimension code that stores encoded information usually in the form of an array of black and white squares and which may connect to a website or other information.
2. Creating an Account
2.1 We invite you to create an account with us. It is not mandatory. You can access our website and acquire Goods as a guest. The benefit of having an account is that your details are stored on our secure server, your purchase history is stored and the information stored, makes future transactions much easier and faster. We do not retain any credit card or account information as we use third party licensed payment platforms to provide secured payment option (see payment section below.
2.2 Please note that when you create an account on the Indelible Website, you agree to receive further marketing communications from us. You can stop this communication at any time by advising us of your preference. Further information can be found in our Privacy Policy which can be accessed here.
2.3 It is important that when creating an account, information you provide is accurate as we will rely on that information for any transaction with you. It is important that you select the delivery option to you as this will serve as your first preference. Please see the delivery section for more details.
2.4 wen creating an account, you will be asked to select a password. Password must be securely kept and not shared. You must notify us immediately if you become aware of any actual or potential unauthorised use or access of your password or account.
2.5 Indelible may create a mandatory two factor authentication process to secure your account and reserves the right to suspend the account if it forms the view, on reasonable grounds that the account security has been compromised.
3. Orders and Cancellations
3.1 You can place an order by following the instructions on our Website. Indelible does not hold stock in its premises or warehouses unless it is indicated that we hold the stock. Indelible sells Goods of other suppliers after providing these suppliers with the Indelible Services.
3.2 Once you confirm the order and payment has been approved, we will send confirmation to the supplier with your purchase details and the supplier will package the Goods and ensure delivery.
3.3 You may cancel an order for Goods;
(a) (change of mind) after payment but before the time when the order is packed by the supplier and or it is out for delivery. Goods must be unopened, unused and the packaging must not be open or disturbed in any way. Goods must be return ed in their original packaging and condition;
(b) if we breached in a material way a term of these Terms and Conditions;
(c) if we are unable to deliver your Goods within a reasonable time of the estimated delivery time listed on the website, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods;
(d) if for whatever reason, the Goods are no longer available to purchase from our supplier.
3.4 Please note that we endeavour to process the transaction and send an approved transaction immediately to our suppliers who will fulfill the order. Accordingly, cancellation ability is not always dependent on us. If the supplier has a fast turnaround of packaging and sending Goods for delivery, the window of opportunity to cancel the order may be extremely short.
3.5 Once the order is packed or is out for delivery, there is no cancellation for change of mind. If the Goods are defective (see warranty section) you must contact us as soon as you release that the goods are defective to enable us to deal with the defect and ascertain whether it can be remedied.
3.6 We may cancel a transaction if;
(a) we believe, on reasonable grounds, that the transaction is a fraud, unusual, unauthorised or if, without our knowledge when the transaction was conducted, the supplier withdrew its Goods from the Indelible website. We will liaise with you and provide you with details and to the extent possible, we will endeavour to ensure that the transaction is made available to you again;
(b) an event beyond our direct or indirect control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure or problems with the internet or third party computer systems, that result in Indelible being unable to supply the Goods within a reasonable time or at all;
(c) Goods ordered were subject to an accidental error on our website, for example, in relation to a description, price, reward or image.
If we cancel the order, all monies paid will be refunded within 72 hours of cancellation but funds may appear in your account later depending on the clearance terms of your financial institution.
4. Your legal rights under Australian Consumer Laws
4.1. Nothing contained in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy or other obligation implied by the Australian Consumer Law which cannot by law be excluded, restricted or modified. Australian Consumer Law can be found in Schedule 2 to the Competition and Consumer Act 2010. If you are not a consumer as defined in the Australian Consumer Law, our liability to you is solely governed by these Tems and Conditions.
4.2. All the Goods sold on our website come with a manufacturer/supplier/owner warranty. We do not warrant the Goods. We do not own the Goods. We provide/apply the Indelible Services to the Goods and sell these for the owners/suppliers. Any issue with the quality of the Goods must be addressed with the owner of the Goods who is selling these Goods through the Indelible website. We can assist in the process but do not take responsibility or liability for the quality of the Goods or their merchantability or fit for purpose. These issues are the responsibility of the owner of the Goods and are governed by the Australian Consumer Law.
4.3 if the Goods are defective and the defect cannot be remedied, you are entitled to cancel the order and demand a replacement or a refund. If the defect can be remedied, for example, if the Goods can be replaced, we will use best endeavours to liaise with the owner of the Goods and ensure the defective Goods re replaced.
4.4 We warrant that;
(a) we are authorised to sell the Goods;
(b) on completion of the transaction, ownership in the Goods will be transferred to you;
(c) the Goods are sold subject to the owner’s warranties as are relevant by law depending on the Goods (for example alcohol will have different warranties to electronics);
(d) all Goods sold on the Indelible website benefit from the Indelible Services;
(e) we took reasonable care and due diligence to ensure the authenticity and origin of the Goods before applying the Indelible Services to the Goods.
4.5 Except to the extent caused by our negligence or breach of these Terms and Conditions, or as otherwise required by Australia Consumer Law, we will not be liable to you for any loss you sustained as a result of acquiring the Goods or if the loss was as a result of;
(a) information provided to us being wrong, inaccurate or misleading;
(b) if you created an account with us, a misuse of your log in and password;
(c) an error you made in the order of the Goods;
(d) an error you made in the instructions from delivery;
(e) if you wish to cancel the order for the Goods except as otherwise set out in these Terms and Conditions;
(f) your order has not been received by us due to technology issues; or
(g) if we are unable to process your order due to website or technical issues and the Goods are no longer available for sale or the stock has been depleted when the website is up or technical issues resolved.
4.6 To the extent permitted by law and except as otherwise provided in these Terms and Condition;
(a) we exclude all warranties in relation to the Goods, their merchantability or fitness for purpose and you expressly release us from all liability in relation to the Goods, their use, condition, merchantability and fitness for purpose except as the liability relates to the Indelible Services;
(b) if liability is imposed on us in relation to the Goods, our sole liability is to resupply the Indelible Services and liaise with the supplier of the Goods for any replacement or remedial of defects.
4.7 If the Goods are electronics or household goods and there is a defect with the Goods, we will liaise with the supplier of the Goods and advocate for the replacement of the Goods, however, if the supplier of the Goods refers the Goods to the manufacturer for repairs or assessment, we are bound by their determination as to the appropriate remedial action.
4.8 For Goods other than electronic or household goods, we will liaise with the supplier/owner of the Goods and assist in any resolution of the matter. We will ensure that all suppliers and owners who sell through the Indelible Shop are aware of and agree to this policy and are bound by Australian Consumer Law.
4.9 If you acquire Goods that are supplied from an overseas supplier, we will inform you of this fact as different warranty rules may apply. This will be determined individually per Goods sold.
4.10 If you dispute any aspect of the Indelible Services, you can order a testing of the Indelible Services. If the testing support your claim, we will either reapply the Indelible Services and ensure that the Goods are entitled to benefit from the Indelible Services or ensure you receive replacement Goods that can benefit from the Indelible Services. You will not be charged for that service. If the test does not support your claim, we reserve the right to charge you for the testing and any delivery and collection fees we incur.
5. Payment and Delivery
5.1 Prices for Goods are as shown on the Website. Goods and Services Tax as prescribed by the Federal Government is charged for all sale of Goods unless there is a legislative exemption. Goods and Services Tax will be added to the sale price of the Goods when you checkout and pay.
5.2 Prices may vary depending on market conditions, supplier’s terms and conditions which are beyond our direct or indirect control. The price displayed at the time that you place your order will continue to apply to you even if the price changes before your order is accepted by us and the transaction completed provided the transaction is completed without delay.
5.3 We accept a variety of payment options including credit card and buy now pay later option. Our payment options are set out on our website. These may change from time to time at our discretion.
5.4 Indelible may not be able to, or may decline to, accept payment from you by your nominated payment method for a number of reasons including if we suspect fraud or irregularity in the payment, your financial institution declined the payment, card validity issues or if the payment platform experience technical difficulties. We will inform you of the payment failure and ask for this to be remedied. If it is not remedied, we reserve the right to cancel the transaction.
5.5 Wwhen you acquire Goods from our website, you will be requested to complete delivery details. Delivery chares are charged separately to the price of the Goods. We will endeavour to list delivery charges that are common (“Delivery Charge”).
5.6 Delivery Charge may vary depending on the Goods that you acquire and the method of delivery you selected. For example, if you acquired an art work which benefits by the Indelible Services and you requested secured, courier person to person delivery, the Delivery Charge for this will differ from a sport memorabilia that benefits from the Indelible Services which can be sent by overnight express post or simple courier service.
5.7 If you reside in remote location or locations that the carriers we use do not service regularly or at all or overseas, the Delivery Chage will need to be personalised which means, we will seek a quote from a carrier that does service these geographical locations and will quote you a Delivery Charge. If, within the timescale specified, you do not agree to accept the specific Delivery Charge, we may not be able to sell and deliver the Goods to you.
5.8 If you decline or fail to accept the Delivery Charge, we may cancel the order and refund you any monies paid to us provided your payment was cleared.
5.9 You may arrange your own delivery from our supplier and we will cooperate with your preference. If you arrange your own delivery, we will not be responsible or liable for any damage to the Goods caused after the Goods were collected from our supplier or for any issue (delay, failure, fault of any kind) relating to the delivery service.
5.10 If we need to refund you the purchase price of the Goods, we will only process the refund after your payment has been cleared by our financial institution and it is not subject to chargeback or dispute.
5.11 All Delivery Charges for delivery in Australian are quoted in Australian dollars and are liable to charge Goods and Services Tax as prescribed by law.
5.12 Unless the delivery was arranged by you, risk to the Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your order. Title to the Goods passes to you on clearing of the payment for the Goods. If you arrange delivery, risk to the Goods passes to you when the Goods are collected from our supplier and title passes to you on clearing of the payment of the Goods.
5.13 If you acquire Goods that can be delivered to a mail box or centralised collection box, we will deliver the Goods as instructed but we do not take responsibility or liability to the Goods once the Goods have been delivered to the mail box or collection box.
5.14 If the delivery requires a signature or a person to receive the Goods and delivery had failed because the designated person was not available or there was no one at home to sign and or receive the Goods, we will return the Goods to our or our supplier’s warehouse and delivery will only take place after you paid the Delivery Charge the second time. We will only deliver the second time without Delivery Charge if the delivery failure was our or our selected carrier’s fault.
5.15 We do not accept delivery with an “authority to leave”. Goods that benefit from the Indelible Service are valuable Goods and should not be left unattended.
5.16 If you wish to cancel a scheduled delivery, you must provide at least 24 hours’ notice by using the contact method you have been given. You should confirm that we received your cancellation notice to avoid disagreement on that matter.
5.17 You must ensure that any pets are placed in a secure location before delivery commences and at all times during the delivery process. Delivery is door to door and our delivery service will not enter the premises, disassemble the packaging or instal any appliance.
5.18 At the end of the delivery process you will be required to sign a proof of delivery which will confirm that the Goods have been delivered. We ask that you inspect the Goods either on delivery or immediately after delivery to ensure that the conditions of the Goods is as you purchase them.
5.19 We require that you inform us as soon as possible after becoming aware of any defect in the Goods in order to enable us to deal with the defect and determine the appropriate action. We may elect to remedy a defect that can be remedied at your premises by sending a technician/specialist to attend to the defect or elect that collect the Goods and deliver the Goods to our warehouse for remedial action. Refer to our warranty policy and provisions that deal with defects in the goods.
6. Availability of Goods
6.1 Indelible shop is dependent upon its suppliers to provide stock. If we encounter stock availability, we will inform you of that and provide an estimated time for stock availability and delivery. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. We reserve the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you if we encounter stock availability issues.
7. Privacy, Marketing and Internet Security
7.1 Indelible’s policy on the collection, use and disclosure of customers’ personal information is set out in the Privacy Policy which can be accessed here. Please read the Privacy Policy before providing any personal information.
7.2 By providing personal information, you agree to your personal information being collected, used and disclosed in accordance with our Privacy Policy.
7.3 When you create an account with us you agree to receive marketing communications from us such as general marketing and product review surveys. You can cancel the account or advise us that you no longer wish to receive marketing communication us by contacting us as set out in our Privacy Policy.
7.4 You must exercise caution when using the Internet to provide personal information and or payment details. You should ensure that the process which you employ for accessing any website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system and pose a risk to your information (personal and or financial).
8. General
8.1 We reserve the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on our website. The Terms and Conditions which apply at the time that you place your order are the Terms and Conditions which will apply to your order irrespective of any subsequent change.
8.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
8.3 These Terms and Conditions are governed by the laws of NSW and the parties submit to the jurisdictions of the courts of NSW and any courts taking appeals from them and waiving the right to argue forum non convenience.
8.4 Notices and communication under these Terms and Conditions can be sent electronically to the email address provided by you and as set out on our website. Communication sent by electronic means is deemed received the following business day provided there is no rejection message from the administrator.