Terms and Conditions of Service
This Website is owned and operated by Cafdu Pty Limited (ACN 006 149 471) trading as Identisign.
These Terms and Conditions apply to all orders made with us. By accessing and using this Website, or purchasing products through this Website, via email, via the phone or in person, you accept and agree to be bound to these Terms and Conditions. From time to time, we may make amendments to these Terms and Conditions at our absolute discretion without prior notice. Any amendments will come into effect on the date they are published on this Website. By continuing to access or purchasing products through this Website after any amendments are made, you accept and agree to be bound by the amended Terms and Conditions.
In these Terms and Conditions, unless the context provides otherwise, the terms below have the following meanings:
Account Application means, if applicable, the application for a trading account by you which has previously been accepted by Identisign and any terms and conditions of that trading account.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Delivery means Delivery of the Goods.
Dispatch means the time than an Order leaves our control for delivery.
Goods means the Products subject of an Order.
GST means the tax imposed by the GST Act or its related legislation but includes any similar or substitute impost introduced in the future.
GST Act means A New Tax System (Goods and Services Tax) Act 1999 and associated legislation as amended from time to time.
Identisign, Us, We and Our means Cafdu Pty Limited (ACN 006 149 471) trading as Identisign.
Major Failure has the meaning provided under the Australian Consumer Law.
Order means an accepted offer to purchase Products.
Product and Products means the items listed for sale on the Website.
Refund means a return of money paid via the same method of payment that money was received.
Terms and Conditions means these Terms and Conditions and any subsequent amendments.
Website means “www.identisign.com.au”.
1.1. You must not copy, reproduce or otherwise use any content from this Website without the express written permission of Identisign.
1.2. You accept that use of this Website is at your own risk, and agree to indemnify and hold harmless Identisign from and against any loss, claim or liability which you have or may have arising from or as a result of your use of this website, including but not limited to hacking, viruses, phishing and “man in the middle” attacks.
2.1. You must be over the age of eighteen to use this website or purchase our Products through this Website, and by using this website you warrant to us that you are a legal adult able to enter contracts.
2.2. We do not accept international orders or ship overseas.
2.3. In the event that the person placing an Order acts as agent for another person or entity, the person placing the order warrants that they are appropriately authorised to do so and have the capacity to legally bind the other person or entity. In the event that the person purporting to be an agent acts without authority, that person will be personally liable for any Order placed and any liability or responsibility incurred.
2.4. All prices listed on the Website are expressed in Australian dollars (AUD) and are inclusive of GST. We may vary our prices without notice at any time. Orders will use the pricing of the website at the time when the Order is placed, which may be different to the price when an item was added to your cart. Please review your purchase before completing an Order.
2.5. We cannot always guarantee the availability of any particular payment method and accept no liability for loss arising from the unavailability of any payment method at any time.
2.6. By entering your payment details at checkout and confirming your order, you are making an offer to Identisign to purchase the Goods. You do not have a binding contract for the provision of the Goods with Identisign until your Order is accepted by Identisign. Your Order is accepted when you receive an Order confirmation email from us and your payment is processed. We retain ownership of all Goods until your payment is processed and received in full. Identisign may at its absolute discretion reject any offer received for any reason whatsoever.
2.7. For the avoidance of doubt, prices and product availability may change from time to time up and until your Order is accepted. In this event, your Order will not be accepted.
2.8. We may cancel your Order after we have accepted it if a Product becomes unavailable prior to Dispatch. If this occurs, we will notify you by email and issue you with a refund. We do not, to the extent permitted by law, accept any liability for loss arising from cancellation or the unavailability of products. If one item in an Order for multiple Products is cancelled, we will only cancel the Order for the unavailable item.
2.9. You cannot cancel an Order once it has been accepted by us.
2.10. Where payment is to be made via direct debit, we will only ever ask you to make payment into an Australian bank account. If you receive an invoice from us which specifies a foreign bank account or bank account details which are otherwise different from those previously nominated, it is your responsibility to confirm that these details are correct before making payment. We accept no liability in the event that that money is paid into the wrong account or is misdirected, and are not taken to have accepted an Order or have any obligation to fulfill that Order in any such circumstances. Payment into the wrong account does not discharge your responsibility to make payment into the correct account.
3. Trading Account Customers
3.1. These terms and conditions do not apply to orders made under trading account agreements.
4. Custom-made Goods
4.1. This clause 4 applies only to custom-made Goods.
4.2. You must pay a deposit of 50% of the value of the custom-made Good(s) prior to Identisign developing the artwork for your approval or commencing manufacture. This deposit is not refundable unless the Goods produced are defective (see clause 6).
4.3. The draft artwork will be provided to you via email within 14 days of receipt of the deposit to the email address provided with your order. You must confirm your acceptance of the artwork in writing and pay the balance of the Order cost and delivery fees before we will commence manufacturing the Good(s). If the design needs revision, it is your responsibility to identify the issues and notify us.
4.4. Identisign does not accept returns or provide refunds for change of mind on custom-made Goods and accepts no liability or responsibility for errors relating to artwork, information in emails or quotes after the artwork has been accepted and approved.
5.1. You may choose to have your Order delivered or attend our showroom to collect it.
5.2. The cost of Delivery is your responsibility unless otherwise expressly stated at checkout. The cost of Delivery will be calculated at checkout.
5.3. Any Delivery times provided are estimates only. We do not represent or warrant that Delivery will occur by or before any Delivery date. We do not, to the extent permitted by law, accept any liability for loss arising from late or delayed Delivery. Time is not of the essence in respect of Delivery.
5.4. We ship all Orders via courier. Please ensure that all Delivery information is correct at checkout as we cannot redirect your Order once it has been packed for Dispatch. If you become aware that the nominated delivery information is incorrect prior to Dispatch, you must let us know immediately. While we will endeavour to ensure that the information is corrected prior to Dispatch, we make no guarantees that this will be possible and accept no responsibility for failure to amend the information prior to Dispatch. If your Order is returned to us because you have nominated incorrect delivery information, you will need to pay the cost of Delivery again if you wish to have the Order resent. You will not be entitled to a refund for Goods which are delivered to the wrong address if you have provided us with that address.
5.5. We will notify you via email or by phone when your Order has been dispatched and provide you with a tracking number where available.
5.6. Where delivery occurs within Australia, responsibility and risk for the Goods passes to you at Delivery or on the first Delivery attempt. This means that, to the extent permitted law, any damage caused the Goods or loss of the Goods from that point will be at your responsibility and cost. You agree to indemnify us against all claims, demands, suits and proceedings for loss or damage caused by or arising from the handling, transport, storage, display or use of the Goods after Delivery or the first Delivery attempt.
6. Refunds and Exchanges
6.1. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a 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.
6.2. If the Good(s) received are defective, we will provide you with a refund or a replacement with an identical item or another product of identical value of your choice. You should contact us as soon as possible upon becoming aware of the defect to let us know what you would like to do and provide us with photos of the issue. You will need to return the Goods to us via tracked post or courier. We will meet the cost of this return. We will send you a confirmation email once the return has been received and let you know when your refund has been processed or your replacement has been shipped.
6.3. Ordinary wear and tear, damage caused by misuse, or damage occurring after delivery (except where caused by a defect) does not constitute a major failure or a failure of acceptable quality. If you return Goods on the basis of a failure and any damage is assessed to have been caused by ordinary wear and tear or misuse, you will not be entitled to replacement, refund or repair. If this assessment is made and you wish to have the Good(s) returned to you, redelivery will be at your cost.
6.4. Nothing within these Terms and Conditions limits your rights under consumer protection legislation including the Australian Consumer Law to the extent it applies.
6.5. For returns other than for Major Failure or other defect, Identisign will accept returns on the following conditions:
6.5.1. You must request a return via email within 24 hours of delivery of the Order;
6.5.2. You must pay return tracked shipping and provide Identisign with those tracking details;
6.5.3. Goods must be returned unopened in the original packaging and in a resaleable condition;
6.5.4. Within 14 days of receipt of the returned goods, Identisign shall provide you with a Refund for the Goods returned less 15% of their value as a restocking fee. For the avoidance of doubt, any delivery fees paid shall not be refunded.
Identisign is not obliged at law to provide you with a refund if you change your mind about a purchase and this clause 6.5 is provided in addition to your rights under the Australian Consumer Law.
6.6. We make no promises or statement about the fitness for purpose, quality or maintenance of our Products. By placing an Order with us, you acknowledge that you have relied solely on your own judgement of the suitability of the Products for your intended purposes.
7. Limitation of liability
7.1. To the extent permitted by law, our liability will in all circumstances be limited to the value of your Order.
7.2. Without limiting any other clause of these Terms and Conditions, and to the maximum extent permitted by law, Identisign will not be liable to you for any indirect, special or consequential damage arising in any way out of any matter covered by these Terms and Conditions.
7.3. No warranty is provided that goods will discharge all responsibilities with respect to regulations, laws, guidelines, Australian standards, international standards or otherwise as these vary from industry to industry and jurisdiction to jurisdiction. You agree that you have satisfied yourself as to fitness for purpose and legislative compliance.
8. General Terms
8.1. You acknowledge that these Terms and Conditions represent the whole agreement between you and us and that no oral or written statements made by us or our representatives prior to your use of the Website or placing an Order for part of any agreement. These Terms and Conditions supersede any earlier versions of these Terms and Conditions.
8.2. This agreement is governed by the laws of the State of Victoria. The parties submit to the non-exclusive jurisdiction of the Courts of Victoria and agree that the Courts of other Jurisdictions would be clearly inappropriate venues. For the purposes of determining jurisdiction of the Magistrates’ or other Courts the place of this contract is Melbourne, Victoria.
8.3. If any part of these Terms and Conditions are found to be unlawful, invalid or unenforceable by operation of law, that part shall be severed from the Terms and Conditions, and to the extent possible the remainder of the Terms and Conditions will continue to be in force.
8.4. In the event that payment is outstanding on an Order, interest will accrue from the date of default at the rate prescribed from time to time under the Penalty Interest Rate Act 1983 (Vic) plus two (2) percent as a genuine pre-estimate of Identisign’s loss.