Terms and Conditions
Please read these Terms and Conditions of Sale and Terms and Conditions of Use (Terms and Conditions) of the wgu.com.au website (Website) carefully. The Website is owned and operated by WGU DESIGN ABN 18 105 959 229 (WGU DESIGN). By using the Website, you agree to be bound by these Terms and Conditions.
Terms and Conditions of Sale
The purchase of products on the Website is subject to these Terms and Conditions of Sale.
The Website may be used to order a selection of WGU DESIGN products online via the internet from anywhere in Australia. You may also place your order by emailing our Customer Service team at firstname.lastname@example.org.
For each product selected on the Website, a summary page will be displayed automatically featuring a photograph of the item, its colouring and description, the quantity selected, its unit price and the total amount payable for your order (Product Information). You should ensure that the Product Information accurately reflects your selection before confirming your order. Upon confirmation, your order will be submitted to WGU DESIGN for processing. We will ensure that Product Information on the Website is representative of the products, however, variations may occur due to computer picture resolution and individual monitor settings. WGU DESIGN will not be liable for any error or inaccuracy in the photographs or graphical representations of our products displayed on the Website. If you have any questions about the products, you may contact our Customer Service team by clicking on ‘Contact Us’.
Orders may be made on the Website by consumers and corporations purchasing goods other than for resale. The resale or distribution of WGU DESIGN products purchased on the Website is prohibited. WGU DESIGN reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if WGU DESIGN, has reasonable cause to suspect that such customer has breached these Terms and Conditions, or is engaged in any fraudulent activity or for any other legitimate reason.
WGU DESIGN may update these Terms and Conditions at anytime. The most current version of the Terms and Conditions may be viewed by clicking on ‘Terms’. For each order placed through the Website, you acknowledge and accept the Terms and Conditions of Sale in force at the time of the order.
WGU DESIGN’s offer of products and prices are valid as at the date they are displayed on the Website and are subject to availability. Instructions concerning the availability of the products will be given at the time of order. In some circumstances, errors as to the availability of products may arise especially in the case of simultaneous orders of the same product by several customers. In the event that a product is not available after the placement of an order, you will be informed of its unavailability by email or by telephone as soon as possible, and an alternative product may be suggested or you may cancel your order in which case you will be promptly re-credited the purchase price if your bank account has been debited. WGU DESIGN accepts no liability for any claims or damages whatsoever, in the event of stock outage or unavailability of products. WGU DESIGN reserves the right to change the products displayed on the Website, at any time, and without notice.
At the end of the ordering process, you are invited to click on the ‘Pay’ button, which will confirm your order. Once your order has been transmitted to WGU DESIGN you will receive, by return email, an order summary. The data registered by the Website in respect of an order will be conclusive proof of the whole of the transactions conducted between WGU DESIGN and its customers.
Price and Payment
The prices of WGU DESIGN products are expressed in Australian Dollars $AUD, including GST but excluding any delivery costs (refer to ‘Delivery’). For deliveries outside Australia, GST will be deducted in the final payment. Product prices cannot be displayed exclusive of Australian GST or in foreign currencies.
WGU DESIGN reserves the right to modify the prices of products displayed on the Website at any time without prior notice to you. You will be charged the prices displayed on the Website at the time your order was confirmed provided the products ordered are available at that time.
You are required to pay for any order placed on the Website immediately on confirmation of your order. We only accept payment by PayPal, and selected debit and credit cards. We only accept the following debit and credit cards: MasterCard® and Visa®. You may use gift certificates issued by WGU DESIGN to purchase products on the Website.
All orders are payable in Australian Dollars $AUD. Your order will be dispatched once we have verified your payment method and received authorisation to process your payment. Your debit card or credit card will only be debited when your order is dispatched. If any of the products in your order are unavailable, we will only charge you the prices, taxes and delivery costs for the products available.
When placing an order you undertake that the details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the products.
Reservation of title
The products you order remain the property of WGU DESIGN until WGU DESIGN has received full payment for the products.
WGU DESIGN products can be delivered to any state listed in the shipping location under ‘Delivery’. WGU DESIGN accepts no responsibility for any taxes or other duties and charges that may be levied by a third party. You are solely responsible for them. WGU DESIGN does not accept responsibility for the delay of any packages retained for customs inspections or for any other reason.
WGU DESIGN will not process any order for which a post office box delivery address is provided. Products will be delivered to the delivery address specified during the ordering process. WGU DESIGN reserves the right to divide your order into part shipments. In such circumstances, your credit card will only be debited for the goods shipped and for a single shipment. A signature is required at the recipient address for all delivery services unless you instruct us otherwise (refer to Authority to Leave).
Please refer to ‘Delivery’ for delivery time.
You will be asked to select the shipment method you prefer as part of the ordering process. Delivery costs depend on the delivery address of your order and the delivery service you select. Please refer to ‘Delivery’ for delivery modes and delivery rates. We will inform you of the delivery costs for the shipment method you selected in the order summary displayed on the Website before you confirm your order. This amount will be payable by you, in addition to the product price, including GST, of the products ordered.
Authority to leave
A signature is always required when a parcel is delivered unless you instruct us otherwise. If you have given us authority to leave your products, the parcel will be left at the delivery premises without our couriers obtaining a ‘proof of delivery’ signature at your risk. We do not accept liability for the theft of, or damage to, any parcel left unattended in accordance with your instructions. If the delivery address is unattended and you have not given us authority to leave the parcel, a calling card will be left with details for collection.
Re-direction of parcels
We are unable to redirect orders once products have been dispatched.
Problems with delivery
You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the discrepancy (for example – open package or damaged goods), if possible, on the delivery notice, and sign the notice. If the products do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund in accordance with the provisions set out in the ‘Returns – Exchanges’.
Returns and Exchanges
Returning goods if they are faulty
Our products come with guarantees that may not be excluded under the Australian Consumer Law. In the unlikely event that your item arrives damaged or faulty, please notify WGU DESIGN in writing within 72 hours of receipt of the product, detailing the order and the problem with the product. Where a product is damaged or faulty, you are entitled to one of the following, at WGU DESIGN’s option: A replacement (if available), repair, store credit or a full refund of the purchase price for the product. Please contact our Customer Care Team on 1800 181 558 or email email@example.com to assist with organising your return.
You may be required to send us images of the damage for further assessment. WGU DESIGN will give you the option to arrange a replacement for part/whole of the item, or provide you with a store credit or a full refund. Any refund is made back to the payment option you chose with your original order. Please do not attempt to return the items before speaking to one of our specialists (you may be responsible for any associate expenses if you do so). Items must be unused and in its original packaging for these returns. Any product returned to WGU DESIGN is your responsibility until it reaches our warehouse.
We will not refund or replace a product that you have bought and received where, in our reasonable opinion, the product has: become of unacceptable quality due to fair wear and tear; misuse; failure to use in accordance with manufacturer’s instructions; using it in an abnormal way; or failure to take reasonable care.
Change of mind returns
Pursuant to the relevant provisions of the Australian Consumer Law, which is located within Schedule 2 of the Competition and Consumer Act 2010, WGU Design does not offer a refund on products for a change of mind.
WGU DESIGN shall have no liability to you for any failure to deliver products you have ordered or any delaying doing so or for damage or defects to products delivered that is caused by any event or circumstance beyond its reasonable control.
Terms and Conditions of Use of the Website
The use of the Website and the purchase of any products offered on the Website are subject to these Terms and Conditions of Use. The use of the Website constitutes your agreement to comply with, and be bound by, these Terms and Conditions of Use.
WGU DESIGN may update these Terms and Conditions of Use at anytime. By using the Website following any change, you agree to comply with and be bound by the varied Terms and Conditions of Use. You can view the most current version of the Terms and Conditions of Use at any time at ‘Terms’.
You must not use this Website in any way that causes or may cause damage to the Website or impairment of the availability or accessibility of the Website. You must not conduct any systematic or automated data collection (including without limitation, scraping, data mining, data extraction and data harvesting) on or related to the Website without WGU DESIGN’s prior written consent.
All material on the Website (including but not limited to all trademarks, drawings, designs, illustrations, photographs, sound tracks, written text and logos) is either the exclusive property of WGU DESIGN or licensed from third parties. You must not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the Website.
The ‘WGU DESIGN’ trademark and all other WGU DESIGN related marks and logos (including all copyright in them throughout the world), whether or not registered, displayed on the Website, as well as the domain name ‘wgu.com.au’ are and remain the exclusive property of WGU DESIGN. Any reproduction, distribution, transmission, modification or use of this intellectual property for any purpose without the prior written consent of WGU DESIGN is strictly prohibited. You may not remove any copyright, trademark or other proprietary notice contained on the Website or any content contained therein. You may make a single copy of web pages published on the Website for your own private, personal and non-commercial use, provided that any copy of such web pages must retain all copyright and other proprietary notices contained therein.
The Website may contain hyperlinks to third party websites not under the operation or control of WGU DESIGN. Such hyperlinks are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third parties or any products or services offered on those sites. You may only provide a hyperlink to the Website if expressly authorised in writing by WGU DESIGN.
Limitation of Liability and Warranties
WGU DESIGN will not be liable to you or any third party, however caused, for any indirect, incidental special or consequential damages whatsoever including, without limitation, loss of profits, loss of reputation, loss of expenses or other intangible losses, arising out of, or in connection with, your use or inability to use the Website, even if WGU DESIGN has been advised of the possibility of such damages or loss.
WGU DESIGN endeavours to provide accurate, reliable, and complete material on its Website. However, WGU DESIGN expressly disclaims all liability in connection with the Website to the full extent permitted by law. Notwithstanding any other provision of these Terms and Conditions, where any law implies any term, condition or warranty which cannot be excluded, restricted or modified at all or only to a limited extent, the term, condition or warranty will apply, except to the extent it can be excluded or limited.
WGU DESIGN’s liability for any breach of any such term, condition or warranty to the extent it can be limited, is limited at WGU DESIGN’s option, to any one or more of the following: (a) in the case of goods- the replacement of the goods or the supply of equivalent goods; (b) in the case of services – supply of the services again; or the payment of the cost of having the services supplied again. WGU DESIGN does not guarantee or represent that: (a) the Website is free from errors, defects, viruses, worms, trojan horses or other destructive material; or (b) the information contained on the Website is accurate, complete or up to date. WGU DESIGN does not guarantee that any such defects will be corrected. The Website and its contents are provided on an ‘as is’ and ‘as available’ basis.
Governing Law and Jurisdiction – Disputes
These Terms and Conditions are governed by and construed in accordance with the laws of Victoria. Each party irrevocably submits to the non-exclusive jurisdiction of the Victorian courts to resolve disputes.