Terms and Conditions

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OVERVIEW

This website is operated by Eltham Studios. Throughout the site, the terms “we”, “us” and “our” refer to Eltham Studios. Eltham Studios offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or utilising our website.

If you do not agree to all the Terms and Conditions of this Agreement, then you should not access our website, purchase our products, or use any services. 

The most current version of the Terms and Conditions can be reviewed at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes on our website. Your continued use of, or access to our website establishes acceptance of any changes. 

Please don’t hesitate to contact us if you wish to discuss or have any questions about our Terms and Conditions, website, service or any purchase you make through our website. 

Our store is hosted by Go Daddy. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

GENERAL CONDITIONS

We reserve the right to refuse service or sale of products to anyone for any reason at any time. 

You agree not to; reproduce, duplicate, copy, sell, resell, or misuse any portion of our services or products, without express written permission by us. 

ONLINE STORE TERMS

Every care is taken to ensure our e-commerce platform is accurate and up to date, however from time-to-time mistakes may occur. 

Please note that receipt of an automatic confirmation email confirms receipt of your requested order. However, if we are unable to fill your order, we will be in contact with you as soon as possible. If there has been an error leading to your order (such as a pricing or stock error), we may not be able to fill the order, but we will contact you as soon as practicable you to discuss your options. (for example, placing an order at the correct price, delaying your order, or exchanging your item for another). 

PAYMENT

By purchasing any product or service from us or our website you agree to pay us the purchase price listed on our website or provided by quote (subject of course to the proviso above, in the case of accidental errors and omissions).and related shipping costs (where applicable). Unless otherwise stated, all prices are in Australian dollars (AUD). Prices for our services and products are subject to change without 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 Square to process payments, including via credit card. We may offer other ways to pay, such as bank transfer, through other third-party payment platforms we use on our website.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment platforms, 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 Eltham Studios suspects suspicious or fraudulent activity (in its sole discretion) in making the order (for example, unauthorized use of a credit card), we may refuse to accept the order and deny acceptance of the Customer’s payment.
 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue product(s) and/or service(s) (or any part or content) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of products and/or services.
 

POSTAGE AND DELIVERY

Currently, we only deliver to addresses within Australia. If you live outside of Australia, please contact us to see if we can assist you.

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 Eltham Studios. We reserve the right to make changes to our shipping policy at any time.

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 our website.

b) Dispatch Timeframes

All orders are made to order or custom embroidered (nothing is pre-embroidered). We endeavour to embroider/process and dispatch all orders (excluding all embroidered signage) to our delivery service partner within 7 business days from the day after receipt of payment.

At times we may ask for your patience as the embroidery/process period may vary, for example, if we have a high volume of orders and or during busy periods it may take up to 10 business days to embroider/process your order(s). You acknowledge that we are not liable for any delay in dispatch of your order.

Should we be unable to manufacture and process your order within these timelines we will contact you to advise of likely timeframe to ensure they meet your expectations.

Should you require your order to be fast tracked please contact us before placing your order to see if we can accommodate your request.

c) Delivery Timeframes

Delivery times will vary between orders, this is largely dependent on the delivery service provider. 

Please consult the Australia Post delivery guidelines for lead times.

d) Delivery Address

Products ordered by you will be delivered to the address which you give for delivery during the checkout process or when you place your order. If any of the details you have given us regarding your delivery address are incorrect, we are not liable for any items which have not been received. On the occasion that items are returned to us due to customer entering their address incorrectly, the customer may have the item re-sent to their correct address for an additional processing and shipping fee. We reserve the right to require you to pay further processing and postage fees or terminate this Agreement and issue a refund (less payment processing and delivery fees) in accordance with this Agreement.

e) Orders Lost in Transit

We take no responsibility or liability for any lost or misdelivered 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 tracking indicates that a product was lost in transit, you may make a written claim for a refund or replacement in accordance with these terms. For products lost in transit, all claims must be submitted no later than 7 days after the estimated delivery date. All such claims are subject to our investigation and sole discretion.

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.

EVENTS BEYOND CONTROL

Eltham Studios 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, strike, 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.

CANCELLATIONS/REFUNDS

Eltham Studios items/products are all are made to order, we unfortunately cannot offer refunds under any circumstance. The only time where a refund may be taken into consideration is if a product or item has a major fault. It is our sole discretion to determine whether your product, item or order is faulty.

PRODUCT AND EMBROIDERY COLOURS

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 to what has been perceived on the screen of your device. 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.  

FABRICS, FIBRES AND THREADS

We mainly work with natural fibres and fabrics and therefore some products or fabrics may have inconsistencies or small impurities. These are considered a part of the beauty of natural fibres and fabrics and therefore cannot be considered faulty.

Most embroidery threads used are polyester (or of like fibre) unless otherwise stated.

EMBROIDERED SIGNAGE AND OTHER EMBROIDERED PRODUCTS

We advise that you purchase a sample pack to view our embroidery colours, available fabrics, etc. 

Please contact us to order a sample pack at daniel@elthamstudios.com.au 

Alternatively, you can contact us to book a viewing/design appointment to come and view our range of thread colours embroidered signage (fees do apply). This gives you the opportunity to meet with us directly, view our work, fabrics and embroidery samples and discuss your event requirements in further detail.

a) Embroidered Signage Timeframes

Time frames on all embroidered signage are determined upon the complexity of the design/ embroidery wanted.

As a guide we need approx. 8-12 weeks to design, digitise and make your embroidered signage.

b) Custom Designed Signage 

           Payment

• A 50% deposit is required to start works and confirm you’re booking with us. This amount is non-refundable once the design process has commenced. Upon final approval of artwork, please note we require payment in full for production to begin.

           Custom – Design

• The price quoted includes 1 round of changes. Any changes past this will be billed at an hourly rate of $80p/hr.

c) Pre-Designed Signage

           Payment

• Payment in full is required to start works and confirm you’re booking with us. Once we have finished tailoring your chosen design to your suit you, we will send a mock-up/draft jpeg has been This amount is non-refundable once the design process has commenced.

           Pre-Designed – Design

• The price quoted doesn't include any changes. Any changes past this will be charged as a new design on top of the existing cost or be billed at an hourly rate of $90p/hr.

d) Embroidered Signage

Eltham Studios accepts no responsibility for any error/s in embroidery after the final artwork is approved by client. All design and embroidery is handled by Eltham Studios due to copyright and quality assurance purposes. The below Embroidered Signage Disclaimer must be read, understood, and signed off by the client before any design work goes to embroidery production.

d.1) Embroidered Signage Disclaimer

You must carefully review and approve all final artwork.

• Please check all variable information including names, dates, etc are all correct.
• Please check all spelling is correct. 
• Please check all sizes, embroidery thread colours, fabrics, fabric colours and finishes are all correct.
• Please note on screen colours may differ slightly to embroidery in person.
• Please note all our fabrics are made from natural fibres and can sometimes have occasional slub or imperfection that may be visible. This apart of the character of natural fabrics and is not considered a fault.
• Eltham Studios accepts no responsibility for any error/s after final art is approved by client.
• Please note we require payment in full before embroidery production. If you would like to start the embroidery process immediately, please send remittance though to daniel@elthamstudios.com.au . Please state your invoice number on bank transfer.
• The process takes approx. 8-12 weeks from the time payment is received unless otherwise discussed.
• If approving artwork digitally, please respond in email ‘OK TO EMBROIDER’
• I have read, understood, and agreed to the above terms.

e) Copyright

All design work produced and imagery on this site are the sole property of Eltham Studios and are covered by copyright. They may not be reproduced in any fashion without the permission of Eltham Studios. Any breach of copyright will be pursued.

f) Embroidery Files

Embroidery Files cannot be supplied to clients as they are the property of Eltham Studios.

Upon design completion you will be emailed a mock-up/draft of your signage to sign off on before embroidery production begins.

g) Fonts

Fonts unfortunately cannot be supplied to clients. This is due to licensing restrictions. We purchase all fonts used and are not allowed to distribute or on-sell to clients.

h) Currency

All dollar amounts are in Australian dollars.

i) Quoting

All quotes are valid for 30 days from the date of issue and are subject to change without notice. All costs charged include 1 round of client changes. Anything past this point will be charged at an hourly rate of $80p/hr.

j) Shipping

All shipping is sent through Australia Post. Shipping is free of charge on Embroidered Signage if the invoice exceeds more than $600 AUD.You will receive a tracking number once shipment has been dispatched.

Eltham Studios is located in Melbourne and ships Australia wide. For International customers, please fill in the form on our contact us page and we will be in touch with you directly to discuss further information on international delivery for you.

k) Pick up (Embroidered Signage Only)

If suitable, clients who are in/visiting Victoria, Australia may be able to pick up their embroidered signage from us in outer Melbourne. This option will be discussed during consultation.

l) Frame Hire for Embroidered Signage

Only available in Victoria, Australia, within Metropolitan Melbourne, Yarra Valley, Mornington Peninsula, Gippsland, Geelong, Surf Coast, Daylesford, North East Victoria etc. 

GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Australia.