Terms of service
Terms and Conditions for U Star Customs
1. Introduction
Welcome to U Star Customs. By placing an order with us, whether through our website or by email, you agree to the following terms and conditions. U Star Customs is a personalised gift company operating from Victoria, Australia, providing customised products using customer-supplied information and images or, in some cases, photographs taken by our team. If you do not agree to these terms and conditions below, you should not place an order or use our services.
2. Contract Formation
By placing an order with U Star Customs, you are entering into a binding contract with us. This contract is formed once your order is submitted, and we confirm receipt of the order either through a website generated acknowledgment or email confirmation. By entering into this contract, you agree to pay for the services provided and adhere to the terms outlined here. U Star Customs reserves the right to accept or decline orders at our discretion.Â
3. Image Submission and Storage
- Customer-Supplied Images: When you submit your own images, you agree that U Star Customs may store these images for a period of one (1) year. We store images online and in software systems that assist in the creation of your personalised items.
- Photographs Taken by U Star Customs: If U Star Customs takes photos for your order, we will retain those images for three (3) years.
- We implement all reasonable security measures to protect your images and personal data. However, by submitting your images, you acknowledge and accept that no system is entirely secure, and U Star Customs cannot be held responsible for unauthorised access or breaches beyond our control.
- Use of Images:Â By submitting images to U Star Customs, you confirm that you hold the rights or have obtained necessary permissions for the use of these images. U Star Customs is not responsible for verifying the ownership of the images provided by you.
4. Proofs and Edits
- Proof Approval: Proofs of your personalised card will be sent to the email address provided - you are responsible for ensuring the email address is correct. You must respond to the proof within two (2) business days. If we do not receive a response within this time, the production process may be delayed.
- Edits: We allow a maximum of two (2) rounds of edits to the design. Any additional rounds of edits may incur extra charges.
- Responsibility for Errors: Once you approve the proof, U Star Customs takes no responsibility for any errors or incorrect information in the final product. If corrections are needed after approval, a new order must be placed.
5. Change of Mind and Refunds
- Change of Mind: If you change your mind after placing an order and we have already created the card proof, U Star Customs will only refund 50% of the product cost.
- Faulty Products: If you receive a product that is faulty or not as described, you are entitled to a refund or replacement. However, to request a refund or replacement, you must provide clear proof of the fault, such as photographs or other supporting evidence, within fourteen (14) days of receiving the product. Upon receiving the proof, we will assess the issue and determine whether the product qualifies for a refund, replacement, or repair. If the product is deemed faulty, we will either provide a full refund, offer a replacement product, or repair the item, depending on your preference and product availability. If you fail to provide the required proof within the 14-day period, you forfeit your right to a refund or replacement.
6. Age Requirements
- Minimum Age: To place an order and submit images to U Star Customs, customers must be at least 18 years old. U Star Customs reserves the right to cancel any order made by a minor or anyone under the age of 18.
- Parental Consent: If you are under the age of 18, you may only submit images or place an order with the consent of a parent or legal guardian. By submitting images or placing an order, you confirm that you meet the age requirement or have obtained necessary parental consent.
7. Prices and Availability
- Price Changes: Prices and availability of items on the U Star Customs website are subject to change without notice. U Star Customs reserves the right to adjust prices due to factors such as material costs, operational expenses, or other market conditions.
- Finalised Purchases: Once you have placed an order and completed your purchase, the price you paid is final and will not be affected by any future price changes. Any adjustments to pricing or availability after your order has been confirmed will not impact your finalised purchase.
- Unavailable Items: If, for any reason, an item you have ordered becomes unavailable after your purchase, we will notify you as soon as possible. We will either provide you with an estimated restock date or offer a full refund for the unavailable item.
8. Privacy and Data Sharing
- Social Media Sharing: U Star Customs will only share your personalised designs or images on social media with your explicit consent.
- We will not share your images, designs, or personal information with third parties, except as required to fulfil your order or comply with legal obligations.
9. Website Content, Copyright, and Restrictions on Use
- Personal Use Only: All items and content displayed on the U Star Customs website are for personal use only.
- Copyright: All content on the U Star Customs website, including but not limited to designs, text, images, graphics, logos, and products, is the intellectual property of U Star Customs or its licensors and is protected by copyright law.You cannot copy, reproduce, modify, distribute, or publicly display any of U Star Customs' content without prior written permission. Any unauthorised use of our content, including reproduction or distribution for commercial purposes, is strictly prohibited and may result in legal action.
- Restrictions on Use: You agree not to use, display, or publish any content related to U Star Customs in a defamatory, harmful, or damaging manner. This includes any public or online representations that may harm U Star Customs' reputation or misrepresent the services provided.
10. Website Usage and Indemnity
- Usage of Website: By accessing the U Star Customs website, you agree to use it for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit their use of the website. You must not engage in any activity that could harm, disable, overburden, or impair our website's functionality.
- Indemnity for Cyber Threats: U Star Customs takes all reasonable steps to secure our website. However, we cannot guarantee protection against phishing attacks, malware, viruses, or other malicious cyber threats that may target our website. You acknowledge and agree that U Star Customs will not be liable for any damage or loss incurred due to unauthorised access, hacking, or cyberattacks that result in phishing scams or other malicious activities. It is your responsibility to ensure your own systems and devices are adequately protected against such risks.
11. Shipping and Delivery
- Dispatch: Once your proof has been approved, U Star Customs will dispatch your order within three (3) business days. Please ensure that your shipping information is accurate to avoid any delays or misdelivery.
- Delivery Times: Delivery times may vary depending on your location. U Star Customs is not responsible for any delays caused by the postal or courier services.
- Shipping Costs: Shipping costs will be calculated at checkout and are based on your shipping address and selected shipping method.
- Tracking: If tracking information is available, we will provide it to you upon dispatch of your order.
- Lost or Damaged Items: U Star Customs is not liable for items lost or damaged during shipping. Please contact the shipping provider directly in the event of any issues with your shipment.
12. Store Closures and Order Fulfilment
- Temporary Closures: U Star Customs may occasionally close the store for short periods, such as for holidays or system maintenance. Any planned closures will be communicated in advance, and we will ensure that all sales placed before the closure are fulfilled as scheduled.
- Unplanned Closures: As a small business, there may occasionally be unplanned closures due to unforeseen circumstances. We will communicate any unplanned closures as soon as possible and will work to complete orders as soon as we are able. If delays are significant, customers will have the option to receive a refund for unfulfilled orders.
- Delayed Responses: If you delay responding to proofs or requests for additional information by more than 48 hours, this may result in a delay in fulfilling your order. U Star Customs will not be responsible for any delays caused by customer inaction, and your order may be processed after the store reopens.
- Order Fulfilment: During closures, new orders may still be placed but will not be processed until the store reopens. We will prioritise pending orders based on the date of the order and the promptness of customer responses.
13. Gift Cards
- Electronic Delivery: U Star Customs gift cards are provided electronically via the email address supplied during purchase. No physical gift cards are issued.
- Validity: Gift cards are valid for three (3) years from the date of purchase, in compliance with Australian law. The expiry date will be clearly stated in the electronic gift card.
- Non-Refundable: Gift cards are non-refundable and cannot be redeemed for cash, except as required by law.
- Partial Use: If the total purchase price exceeds the value of the gift card, the remaining balance must be paid using another accepted payment method. Any unused balance on a gift card will remain available for use until the card's expiry.
- Lost or Stolen Cards: U Star Customs is not responsible for lost, stolen, or damaged gift cards, including any issues related to email delivery, and no replacement will be issued.
- Usage: Gift cards may only be used for purchases on the U Star Customs website and cannot be applied to any third-party services or products.
- Compliance with Australian Law: U Star Customs gift cards comply with all relevant Australian consumer laws, including regulations on minimum validity periods and restrictions on fees.
14. Security Measures
U Star Customs takes all reasonable steps to protect your personal information and images in line with industry standards. We comply with Australian data protection laws and regulations, operating from Victoria, Australia.
15. Liability
Limitation of Responsibility:Â U Star Customs will take all reasonable steps to ensure that your order is processed accurately and to your satisfaction. However, to the extent permitted by law, U Star Customs will not be liable for any indirect, incidental, or consequential losses, damages, or claims arising from:
- The use or misuse of images provided by you,
- Delays in production or delivery, or
- Errors in the final product after you have approved the proof.
- Website usage.
Errors After Proof Approval:Â Once you have approved the proof, U Star Customs is not responsible for any errors, omissions, or inaccuracies in the final product. Any required corrections after approval will be considered a new order.
Limitation:Â If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of U Star Customs (including any of its affiliates, service providers, and licensors) under such circumstances for liabilities that otherwise would have been limited shall not exceed a maximum of five (5) Australian dollars.
16. Modifications to Terms and Conditions
U Star Customs reserves the right to modify these terms and conditions at any time. Any changes will be effective immediately upon posting on our website.
17. Governing Law
These terms and conditions are governed by the laws of Victoria, Australia. Any disputes arising from the use of our services will be subject to the jurisdiction of the courts of Victoria.
18. Agreement
By accessing, browsing, or placing an order with U Star Customs, you agree to be bound by the terms and conditions set forth in this agreement. These terms constitute a binding legal agreement between you and U Star Customs regarding the use of our services, website, and the purchase of products.Â
19. Contact Information
If you have any questions about these terms and conditions, please contact us at:
U Star Customs
6 Frederic Drive
Ringwood, Victoria, Australis, 3134
hello@ustarcustoms.com.au
0429925722