TERMS & CONDITIONS

Terms and Conditions of Use for Lucky Note Design

Last Updated on September 2022

WEBSITE TERMS AND CONDITIONS OF SALE

These are the Terms and Conditions of Sale of Alana Young, trading as Lucky Note Design (“Lucky Note Design”, “we”, “us”) on our website www.luckynotedesign.com which is owned and operated by us (Website). These Terms and Conditions (Agreement) also incorporate our Terms of Use and any special conditions applicable to discount codes, gifts, and disclaimers, all of which can be found on our Website. Please also refer to our Privacy Policy for how we deal with personal information in our business. This website is owned and operated by Lucky Note Design, a Victorian company. Our principal place of business is located at PO Box 3516 Mornington VIC Australia 3931.

You must be at least sixteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.

Please read these conditions carefully, as they apply to all transactions between us on our website and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood, and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.

eCommerce

While we take every care to make sure our e-commerce platform is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue).

Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you confirmation that it is being shipped. Please note that no contract is formed at the point of receipt of an automatic confirmation email. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.

Payment

You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). Unless otherwise stated, all prices are in Australian dollars (AUD). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.

You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this Agreement, any breach of which will entitle us to terminate this Agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.

If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this Agreement.

We currently use Stripe to process payments, including via credit card. We may offer other ways to pay from time to time, such as through other third-party payment gateways or processors we use on the Website from time to time, which are available on their website.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor (such as Stripe), which are available on their respective websites. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly.

Please note that if Lucky Note Design suspects suspicious or fraudulent activity (in its sole discretion) in making the order (for example, unauthorizsed use of a credit card), we may refuse to accept the order and deny acceptance of the Customer’s payment.

Discounts and Coupon Codes

We may offer discounts or coupon codes from time to time. Such discounts and coupon codes are subject to conditions stated on the Website and the conditions set out in this clause. The conditions relating to the specific discount code on the Website prevail to the extent of any inconsistency.

Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both).

Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).

Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only.

Coupon codes are non-transferable and are not redeemable for cash under any circumstances.

We reserve the right to revoke any discount offer or coupon code at any time without notice.

NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products, including online courses.

INTELLECTUAL PROPERTY NOTICE

All images, text, designs, graphics, trademarks, and service marks are owned by and property of Lucky Note Design , or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

You may use Our intellectual property after Our consent with clear and obvious credit back to Our site, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, You may never claim any of Our intellectual property as Your own or Your unique creation, even with attribution.

SECURITY AND ASSUMPTION OF RISK

A) SECURITY

It is Your responsibility to secure Your username and password from theft or any other means of unauthorised use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe. By utilising these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

B) CONFIDENTIALITY

You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

C) ASSUMPTION OF RISK

By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.

YOUR COMMUNICATIONS

Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by Australia law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

DISCLAIMERS

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at info@luckynotedesign.com .

THIRD PARTY DISCLAIMER

You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.

WARRANTIES DISCLAIMER

WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS

A) AFFILIATES

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

B) TERMINATION

If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).

C) ENTIRE AGREEMENT

Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.

D) LAW AND JURISDICTION

These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with Australia law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Victoria, Australia .

E) CONSENT

By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy. If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email at info@luckynotedesign.com .

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.

G) SEVERABILITY

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

H) CONTACT INFORMATION

Email: info@luckynotedesign.com

Postage and delivery

We use Australia Post to help us get our products to you within Australia.

A) Rates

You agree to pay to us postage fees as calculated at checkout. You acknowledge that you will also be charged for any applicable local custom fees and that these are not the responsibility of Lucky Note Design. We reserve the right to make changes to our shipping policy at any time.

As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).

Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.

B) Dispatch Timeframes

We endeavour to process all orders within 2-5 business days of receipt of payment. Once an order is processed, we’ll do our best to dispatch orders to our delivery service partner within 2-5 business days of order notification.

As a guide, the following timeframes may apply:

Standard product orders: 2-5 business days
Express product orders: 1-2 business days
Custom Wax Seal Stamps: 3-6 weeks
Invitations dependant on production time of each individual order

We ask for your patience as this handling period may vary, for example, if we have a high volume of orders. You acknowledge that we’re not liable for any delay in dispatch of your order.

C) Delivery Timeframes

Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. As a guide, for standard delivery within Australia, you may expect to receive your order within 4-7 business days and within 1-4 business day for express product orders.

International delivery timeframes may vary. Please consult the Australia Post delivery guidelines for lead times or feel free to consult us for indicative delivery times to your delivery address, at info@luckynotedesign.com

D) Delivery Address

It’s your responsibility to make sure that your email and postal address details are correct. We won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this Agreement and issue a refund (less delivery fees) in accordance with this Agreement.

E) Orders Lost in Transit

We make no representations as to responsibility or liability for any lost or mis-delivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.

F) Risk

Risk in each order passes to you on delivery to your nominated address. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.

If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.

Returns and Refunds Policy

Please see our Returns and Refunds Policy here

Events beyond control

Lucky Note Design will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel. We may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

Advice and Information

We may give you advice, recommendations, information, or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate, and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice.

We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.

Product Disclaimer

From time to time, we may make products available to you on our Website that may pose a safety risk if precaution is not taken. You must follow our instructions regarding the correct and safe use of the products. For further information, please see our individual product disclaimers.

Colours

We cannot guarantee that the final colours of your product will be the same as what you saw on your screen. We work hard to ensure the colours in your products are as close as possible to the colours you see on screen, but we can’t guarantee a 100% match. Every screen resolution and setting is different, and the colours displayed on your screen may be different to the colours you see in your final product.

Customisation

If you are purchasing a product from us that requires customisation, you are responsible for ensuring that the spelling and layout of any wording or design elements submitted to us is correct; however, if you make any mistakes, we’ll work together with you where possible to rectify these. Please note that different conditions apply to event stationary as outlined below.

STOCK AVAILABILITY

Orders are subject to stock availability. In the event of supply difficulties Lucky Note Design will inform you and discuss alternative materials or designs.

Promotion

You grant us permission to use and reproduce your name, business or trading name and logo (if applicable), photograph or likeness, including any trade marks, as well as evidence of services delivered and results achieved to promote our business.

TERMS & CONDITIONS FOR SEMI-CUSTOM INVITATION DESIGNS

PAYMENT/ESTIMATES

CLIENT agrees to pay LUCKY NOTE DESIGN in accordance with the terms specified in each proposal/invoice. Acceptance of the contract and payment of a non-refundable 50% deposit of the project cost is required before the project can be secured in the calendar and work can commence.

Billing will reflect the actual costs incurred and is valid for only 30 days from date on estimate. Client requested changes will be billed additionally. The client will be notified of any price changes and any remaining balance will be due at the time of completion.

All remaining balances due are payable upon the signed approval of the artwork by the client, before it is sent to print. If final payment is not received, your product will not be printed and shipped until payment is received, regardless of your contracted mail or estimated completion date.

If the client’s product is needed quickly a rush fee will be reflected in the final invoice. It will be at Lucky Note Design’s discretion as to whether the project can be accepted.

PRICING DETAILS

Pricing on our website represents the full retail price in AUD and does not include postage, shipping or applicable taxes. All prices listed on our website are subject to change without notice. In the event that items on the website are priced incorrectly, we retain the right to cancel and refund any orders placed for the products listed at the incorrect price. If a quote has been supplied by Lucky Note, please take note of the quote expiration date.

COLOUR DISCLAIMER

When viewing our designs on screen, colours do vary depending on different monitors and will look slightly different to the printed product. Also, due to the variable nature of the digital printing process, colours do shift between each print run, therefore an identical match to our printed colour palette that you have received as part of a sample pack may not be achieved.

FONTS

Lucky Note Design does not disclose font types under any circumstances to protect our design work and further print revenue.

PROOFING AND ERRORS

It is the client’s responsibility to proofread it and make sure there are no mistakes on the final proof. If proofs or information are not turned around in a timely fashion, your workflow may be subject to interruption by other standing projects. Once final approval for the final proof is received, you are giving Lucky Note Design the permission proceed with printing/publishing all pieces as they appear on your final proof. Lucky Note Design will not be held responsible for any errors found after your approval. Further corrections and refinement of the design required to reprint/republish the artwork will incur additional costs and the total costs incurred for re-print and production will be the responsibility of the client and not Lucky Note Design. The re-print will not be prioritised over other customer orders if the client is at fault. If any errors do occur after approval that differ from your approved artwork, your order will be corrected, printed and delivered at no charge.

CANCELLATIONS/ REFUNDS

Due to the custom nature of our services, we do not give refunds nor do we accept cancellations or exchanges. We will however refund the 50% retainer (a small admin fee will be deducted from the refund) when you cancel the order if we have not commenced work on your invitations. We recommend purchasing our sample pack to get an idea of what your final product will look like and view the ink colours in person.

Upon receiving your goods, it is the client’s responsibility to inspect them carefully and notify Lucky Note Design if there’s a mistake within 7 days from receiving it. If there is a printing error made on our part, we will either reprint the paper goods or provide a credit for the misprint. If there is an error with the wording that was approved by the client, the costs of reprinting must be covered by the client.

LOSS OR DAMAGE

Lucky Note Design cannot be held responsible for any loss or damage in transit once any invitation or shop order has been dispatched. We will take the utmost of care to ensure safe and appropriate packaging and delivery methods are used.

PRICES

All prices are in Australian dollars. All prices are subject to change without notice. If a quote has been supplied by Lucky Note, please take note of the quote expiration date.

STOCK AVAILABILITY

Orders are subject to stock availability. In the event of supply difficulties Lucky Note Design will inform you and discuss alternative materials or designs.

Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these terms excludes any right, guarantee, or warranty you’re entitled to by law; however, we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.

Wherever possible our liability for breach of any condition, warranty or guarantee is limited, at our option, to:

replacement of the product;
repair of the product;
payment of the cost of having the product repaired; or
such other fair and reasonable remedy as we are ready and willing to provide.

We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.

If for any reason the ACL doesn’t apply to an order you place with us, then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing.