Terms and Conditions

TERMS AND CONDITIONS updated 2025

These terms and conditions (the "Terms and Conditions") govern the use of www.outwestdesign.com.au (the "Site"). This Site is owned and operated by Martine Sondergeld. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property
All content published and made available on our Site is the property of Martine Sondergeld and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

• Harass or mistreat other users of our Site;
  
• Violate the rights of other users of our Site;
  
• Violate the intellectual property rights of the Site owners or any third party to the Site;
  
• Hack into the account of another user of the Site;
  
• Act in any way that could be considered fraudulent; or
  
• Post any material that may be deemed inappropriate or offensive.
  

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Accounts
When you create an account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
   
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
   

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.

The following goods are available on our Site:

• Custom Made Gifts.
  

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments
We accept the following payment methods on our Site:

• Credit Card;
  
• PayPal; and
  
• Direct Debit.
  

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:

• Australia Post.
  

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and public holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

If you purchase goods from us for delivery to a destination outside Australia your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Refunds
Refunds for Goods
Refund requests must be made within 7 days after receipt of your goods.

We accept refund requests for goods sold on our Site for any of the following reasons:

• Good is broken.
  

Returns
Returns can be made by mail. To return a good by mail, follow the following procedure:
Please Contact Us, Send Us A Photo, Then Shipping Address With Be Provided. Shipping to Be Paid By The Customer. Refund Will Be Processed Once Tracking No. Has Been Received.

Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability
Martine Sondergeld and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Martine Sondergeld and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law
These Terms and Conditions are governed by the laws of the State of Queensland.

Additional Terms

• No Refund For Custom or Personalised Items..
  

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

☆Customer Responsibilities Artwork & Design:

• Customers are responsible if they provide their own artwork with all necessary copyright/trademark permissions for OWD to use.

• All custom designs created by OWD remain the property of OWD unless a commissioned contract has been signed & paid in Full.

• Item Condition: OWD require that any items supplied by the customer for engraving must be clean, deburred, and free of sharp edges or warping, unless approved beforehand.

• Order Accuracy: OWD is not liable for errors resulting from incorrect instructions, spellings, or specifications provided by the customer, as measures are in place to ensure review before finalisation.

• Inspection: Client must inspect shipments within 48 hours and notify OWD in writing of any issues. 

☆Business Responsibilities: 

• Quality Control: OWD takes photos of before and after items are supplied & take photos of engraved items before dispatch to ensure quality and provide a record.

• Final Artwork: OWD will supply a preview of final artwork to be approved & signed off before proceeding. OWD will send previews with each changes. 

• Proofs: Digital proofs will be provided. Written or electronic approval constitutes final authorization. After approval, changes cannot be guaranteed and may incur additional charges. 

☆Artwork Approvals: 

• An artwork approval: is considered approved by either of the following two options; 1. OWD receives a physical or digital copy of the signed artwork approval. 2. OWD receives an email/text with a statement clearly indicating the artwork is approved and the approved artwork is attached to the email/text.

• OWD Engraving does not accept verbal confirmation of artwork approvals or items to be ordered. 

• A laser engraving artwork proof and approval form is a document you review to confirm the accuracy of your design before production begins, ensuring all text, logos, and layouts are correct and that you understand you're responsible for errors after signing off. You should carefully check for typos, incorrect text, logo placement, and overall design before submitting the form, as this signed approval transfers responsibility for any mistakes to you. 

☆What to Expect: 

• Digital Mock-up: You'll receive a digital proof showing your design as it will appear on the product.

• Review Time: Review the proof carefully for any errors or missing information within 48hrs of Mock-up being sent.

• Changes: If you need adjustments, provide detailed feedback for a revised proof. 

• Final Approval: Once you're satisfied, you'll formally approve the design by signing the form, signifying the end of the proofing stage. 

☆Copyright Intellectual Property: 

• Client-Owned Art: Customers must warrant that they own all intellectual property rights for the artwork they submit. 

• Business-Created Art: OWD owns the artwork created on behalf of the customer. Unless it's a commissioned piece. All Artwork bought with the business is owned by OWD. 

• Other people/business': will need OWD's written permission or will need to purchase a licence if they wish to use OWD's Artwork. Legal action will be taken if approval or licence fee have not been given. 

• An artist can sell the physical artwork, but retain the copyright unless they transfer it in writing to the buyer. 

• Exclusive rights: OWD has the exclusive right to reproduce, publish, and communicate the work to the public. 

• In Australia, artists own the copyright to their original works as an automatic right, which is separate from the physical object itself, unless a written agreement states otherwise. Copyright Act 1968, which provides automatic protection for original artistic works through economic rights (controlling use and distribution) and moral rights (attribution, integrity). Artists also have a resale royalty right for artworks, receive protections against inauthentic art and exploitation of their work online

• Automatic Protection: Copyright is free and exists automatically the moment we create an original artistic work. 

• Economic Rights: As the copyright holder, you have the exclusive right to publish, sell, distribute, and licence your intellectual property. 

• Moral Rights: These are distinct from copyright and include the right to be recognised as the author, the right to prevent false attribution, and the right to prevent your work from being treated in a way that harms your reputation. 

☆Orders & Cancellation: 

• Finality of Orders: All products are custom-made, and orders cannot be cancelled or altered once manufacturing has commenced & approval has been signed. 

☆Returns & Refunds: 

• Change of Mind: Items are made to order and personalized, OWD do not accept returns for a change of mind. 

• Customer Error: If a mistake in the engraving (like a spelling error) is on your part after you've approved the design, you are not entitled to a refund. 

☆Contact OWD Immediately: 

• Of any issue within 24 hours of us receiving the item & signed approval. 

• Provide Proof and Details: You will need to provide the invoice number, proof of purchase, and clear photos of the damage or issue. 

☆Liability & Disclaimers: 

• Errors: "all care but no responsibility will be taken for machine/human errors". 

• Limitation of Remedy: If OWD determines that an engraving error is solely due to our negligence on a OWD‑sourced product, we may, at our discretion, 1. re‑engrave a replacement item of equal value or 2. refund the engraving fee up to the amount paid for the Service. For CSI's, no replacement or reimbursement will be provided. 

• Permanent Process: Laser engraving is irreversible; slight variations in depth, alignment, or colour may occur. 

• Client Assumes Risk: All CSIs are engraved entirely at Client’s own risk.

• Material Inconsistencies: Note that OWD is not accountable for inaccuracies caused by material inconsistencies, though every effort will be made to ensure the best results.

• Product Appearance: Disclaimer that actual product colours may vary from monitor displays and that the OWD is not liable for such variations. 

☆Pricing & Payment:

• Quotes: are valid for 14 days. 

• Payment Terms: 

• OWD requires payment in full prior to starting production of any order unless arranged prior.

• If an order has begun production prior to payment, OWD Engraving owns all items until paid in full.

• Overdue invoice payment will incur a administration fee of 15% of the total invoice price everyday the invoice is overdue. 

• A transaction is considered complete once the funds appear in the account of OWD. 

• Setup Fees: OWD designing or digitising a logo or image for design setup or adjustments are charged at $30per Hour. 

☆Use of Materials: 

• Refusal of Unsuitable Items: OWD Reserve the right to refuse to engrave materials that are unsuitable or unsafe. 

☆Turnaround Times & Rush Fees:

• OWD requires a minimum of 6 weeks notice prior to the requested date of delivery for the artwork approval and receipt of goods to dispatch an order for trophies/badges or large qty orders. 

• If an order is required to be dispatched sooner than 6 weeks (minimum 3weeks) from artwork approval and receipt of goods, this will incur a 20% of total invoice or $100 (which ever is greater) rush fee to be paid prior to production.

• Any materials or items that OWD have to supply/ordered in, will require a deposit/full payment to be paid before they will be ordered.

• Customer's must confirm artwork and sign the agreement for items to be ordered.

• By submitting an order, supplying an item for engraving, or indicating acceptance electronically or in writing, you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms.

☆Changes to Terms:

• OWD reserves the right to make amendments to these terms and conditions at any time. it is the customer's responsibility to check for changes periodically.

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

0488 225 435
whiskey@outwestdesign.com.au
Wandoan, Queensland 4419

You can also contact us through the feedback form available on our Site.

Effective Date: 1st  July, 2025

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