WEBSITE TERMS AND CONDITIONS OF TRADING 'Terms of Service'

Welcome to the Inky Co. Pty Ltd website www.inkyco.com.au. This site is owned and operated by Inky Co. Pty Ltd, ABN 61 148 859 938

Please review the following terms & conditions which are our 'Terms of Service' and govern your use of and purchase of products from our site. By accessing, browsing, or using this site, you acknowledge that you have read, understood, and agree to be bound by these 'Terms of Service'. If you do not agree to these 'Terms of Service', then please do not use this site. Please read through these carefully before making any purchase from this website. Your subsequent acceptance of these terms and conditions will indicate that you have read them.

These terms and conditions may be modified from time to time and your continued use of this site and any subsequent purchases made shall signify your agreement to be bound by any future changes.

GOVERNING LAW
Inky Co. Pty Ltd controls and operates this site from its office in Victoria, Australia. These 'Terms of Service' are governed by the laws of the State of Victoria. You and Inky Co. agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria. If you choose to access this site from a location other than Victoria, you are responsible for compliance with applicable local laws.

COPYRIGHT
Unless otherwise indicated, copyright of our artwork and the information on this web site (including but not limited to; text, images, graphics, logos) is owned by Inky Co. Pty Ltd.  All right reserved. The contents of our web site are intended solely for your personal, non-commercial use. Except for the purpose of a bona fide use of this site or as otherwise permitted by the Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Inky Co. All designs and photographic material are subject to copyright and are wholly owned by Inky Co. Pty. Ltd. No photographic material used on the Inky Co. website may be used without prior written authorisation.

PURCHASING FROM www.inkyco.com.au

BILLING
Inky Co. is an online retail shop and as such we only accept payment for your purchase by either Visa© or MasterCard©. Inky Co. does not have a physical shop or premises that you may visit. Inky Co. cannot accept payment by cheque or any other method other than payment by credit card. Inky Co. will not accept phone or faxed orders or mailed orders. Any attempt to purchase other than via our website will be refused. Please ensure you enter your details correctly including your phone number so we can contact you if need be. The name on the credit card used for payment must match the billing name on the order. We reserve the right to cancel any order which we determine does not meet this requirement. You will have the opportunity on the order form to list a third party recipient with a different address if your purchase is a gift. It is important that you enter the correct shipping information to ensure the parcel is delivered correctly.

CURRENCY
All product and shipping prices quoted on the website are in Australian Dollars (AUD). All transactions are settled in AUD. Credit card providers may charge additional fees, please contact your credit card provider for more information. This is particularly important for overseas purchases as correspondent bank charges and currency conversion fees will most likely apply.

GST & TAXES
All purchases delivered to an Australian postcode incur the standard Government Goods and Service Tax (GST). All prices quoted online include GST.

SHIPPING & ORDER TRACKING
Inky Co. will ship to any Australian address using Australia Post, TNT or Couriers Please. *Your delivery MUST be signed for. Any risk will be passed to you and or any other person who signs for the receipt of the delivery. Inky Co. requires that all deliveries are signed for when delivered. If you or a representative of your business chooses to opt out of signing for the goods then the liability to do so remains with you or your representative. Inky Co. is not responsible for your decision to use Safe Drop as an alternative to signing for the goods. Please note, we cannot accept responsibility for delays in delivery due to unforeseen circumstances such as natural disaster, strike, transport complications etc. It is your responsibility to provide accurate delivery and address details. Please do not assume anything - the more information we can give Australia Post, TNT or Couriers Please the better the service and speed of delivery.

*Due to Covid-19, Australia Post, TNT and Couriers Please have implemented an 'authority to leave' policy on parcels unable to be signed for at the time of delivery. We highly recommend choosing an address, like a work place, where you are available to sign for your parcel. If this is not an option for you, please closely track your parcel and try to be home when the parcel is delivered. If no-one is available to sign for your parcel or Australia Post, TNT and Courier Please determines there is a safe place to leave your parcel they will photograph the parcel in the safe location. If no safe location can be found, the delivery driver will leave a card with details on where you can collection your parcel. We recommend you collect your parcel as soon as possible. Inky Co. will not be liable for for parcels deemed missing or stolen if proof of delivery is provided by Australia Post, TNT or Couriers Please. 

WITHIN AUSTRALIA
Your shipping rate is auto-calculated by Australia Post, TNT and Couriers Please based on the delivery destination and the weight of your order. Delivery destinations in rural areas may only be given the option of Australia Post. For standard Australia Post delivery please allow up to 7 working days for delivery. Your order will be delivered by Australia Post, TNT or Couriers Please during the business week and your signature is required upon delivery*. Therefore we recommend a work address for delivery. Should you not be present to sign for the shipment a card will be left by Australia Post, TNT or Couriers Please and your parcel will be redirected for collection at the closest local post office or dispatch centre. Details of the post office or dispatch centre will be written on the card. A tracking number will be issued via e-mail to the e-mail address you provide which will enable you to track the progress of your parcel once it is booked on the Australia Post, TNT or Couriers Please website.

*Due to Covid-19, Australia Post, TNT and Couriers Please have implemented an 'authority to leave' policy on parcels unable to be signed for at the time of delivery. We highly recommend choosing an address, like a work place, where you are available to sign for your parcel. If this is not an option for you, please closely track your parcel and try to be home when the parcel is delivered. If no-one is available to sign for your parcel or Australia Post, TNT and Courier Please determines there is a safe place to leave your parcel they will photograph the parcel in the safe location. If no safe location can be found, the delivery driver will leave a card with details on where you can collection your parcel. We recommend you collect your parcel as soon as possible. Inky Co. will not be liable for for parcels deemed missing or stolen if proof of delivery is provided by Australia Post, TNT or Couriers Please.

PRICES
All prices are in Australian Dollars (AUD) and include Australian taxes (GST).
The prices listed on the website do not include any overseas duties or customs charges which may apply. Any other charges must be paid by you the purchaser. It is your duty to confirm what your government’s additional charges may be.

ORDER CANCELLATIONS
Cancellation by Inky Co.: Inky Co. reserves the right to cancel any order.
Cancellation by Purchaser: Should you wish to cancel an order after payment has been made, please contact Inky Co. by e-mail at info@inkyco.com.au immediately. Cancellation of an order after it has been shipped is not possible. Inky Co does not refund orders that are cancelled due to change of mind.

PHOTO REPRESENTATION
The website offers an accurate as possible representation of the product and its colour. Slight variations in colour may occur as the products are locally printed and are often made from natural or recycled materials. Colour representation may also vary slightly due to computer image quality and screen settings.

PRODUCT RETURNS
Please choose carefully, refunds or exchanges are not permitted for change of mind for products ordered online, except in the case of defective goods or an incorrect shipment. You must advise Inky Co. within five (5) working days of receiving your order if there is a defective item. Your purchase order number is required. Please use either the invoice shipped with the goods or the confirmation email sent to you at the time of order. Please contact us on +61 3 9239 5080 or by e-mail to hello@inkyco.com.au to obtain a faulty product claim form before sending back your goods. Inky Co. at its discretion will ask for the goods to be returned or destroyed. All return freight costs will be borne by Inky Co.* To assist with determining what step to take next we will ask you to provide a digital photo sent by email to us of the faulty goods. The item to be returned must be returned with the original packaging intact, and packed safely for the return transport and clearly marked as follows:

Inky Co. Pty Ltd
Attention: Returns Department
PO Box 445
Braeside VIC 3195 Australia

Inky Co. will organise and ship the replacement for the faulty item at our expense*. We will determine the most appropriate method of returning and sending the goods on a case by case basis.

*Inky Co. will incur all shipping costs if the item is deemed to be faulty. We will not cover shipping costs for items which are broken or damaged due to mistreatment. Inky Co. will assess the goods when they are received and either replace with the same product or if in the event the item is sold out, we will issue you a full refund on the original purchase price OR we will offer the opportunity to exchange the sold out item for another product. Any difference in price to either be credited or charged accordingly.

GENERAL PROHIBITIONS

You must not up-load, post, transmit or otherwise make available through the site any material which:
• violates or infringes the rights of others (including their privacy and intellectual property rights);
• is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
• encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
• restricts or inhibits any other user from using or enjoying the site;
• affects the functionality or operation of the site or its servers or the functionality or operation of any user’s computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
• breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require Inky Co to take remedial action under any applicable industry code.

INDEMNITY
You agree to indemnify and will keep Inky Co. indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Inky Co. in connection with your use of this site, your breach of these 'Terms of Service' or your breach of any rights of third parties.

DISCLAIMER OF LIABILITY
To the extent permitted by law, Inky Co. will not be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:
(a) the use, copying, or display of the contents of this site;
(b) goods or services supplied by Inky Co. under these 'Terms of Service', or
(c) a failure or omission on the part of Inky Co. to comply with its obligations under these 'Terms of Service'.

DISCLAIMER OF WARRANTY
Inky Co. is providing this site and its contents on an “as is” basis and use of this site is at your own risk. The content is believed to be accurate, complete, current and reliable at the date the information was placed on the site. None of Inky Co., its directors, officers, employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, including any non-excusable statutory obligations, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Inky Co. expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

LIMITATION OF LIABILITY
Our total liability to you (if any) in connection with this site, or with these 'Terms of Service' or any goods or services supplied under them, will be limited, at our election, to:
• in the case of information or services supplied or offered by us - the re-supply of the information or services or payment of the cost of doing this;
• in the case of goods supplied or offered by us – replacement of the goods, supply of equivalent goods, or payment of the cost of doing this; or
• the amount paid by you (if any)

INDEMNITY
You indemnify us, and our respective directors, officers, employees and agents, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered, or likely to be incurred or suffered, by you as a direct or indirect consequence of using this site.

RIGHTS WE CANNOT EXCLUDE
The above disclaimer, liability limitation and indemnity do not exclude any rights which by law may not be excluded.

SAFETY, SECURITY & COOKIES

THE SSL CERTIFICATE
Inky Co. uses Secure Sockets Layer, 128 bit SSL or higher, which is the standard security technology for creating an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browser remains private and integral. SSL is an industry standard and is used by millions of websites in the protection of their online transactions with their customers. In order to be able to generate an SSL link, a web server requires an SSL Certificate. GeoTrust SSL is such a Certificate, and when installed, can be used to create secure links to protect transactions, passwords, personal details, etc.

COOKIES
Inky Co. uses cookies to allow you to sign in to your account, maintain a shopping cart and to purchase items in your shopping cart. Cookies are tiny files of information that a web site stores on your computer. Cookies can be very useful to you when you shop online because they allow a website to store a cookie file on your computer which can show:
• What you have in your shopping cart
• What items you have bought before
• Other convenient but non-private information
Just having cookies turned "on" in your browser is not enough as many anti-virus and firewall software packages also block cookies. You must "Allow Cookies" in your web browser set up to be able to shop on the Inky Co. website. We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes such as when proceeding to a checkout to finalise an order you may wish to make.

PRIVACY POLICY
Inky Co. recognises and respects your privacy and will treat your personal information as private. It is necessary to collect your personal information in order to conduct business with you. Personal information collected will be kept safe, confidential and respected. We only use your personal information for purposes which you give it to us. We will not sell or pass on your personal information to any third party however your information may need to be shared with others who may require this information to complete your order such as Australia Post. Only those details deemed absolutely necessary including information required by law may be shared. You may access personal information we hold about you or you can ask us to correct personal information we hold about you. If you are included on our e-mail list you may opt out of further contact from us by clicking the "unsubscribe" button on all newsletters.

TERMINATION
Your ability to purchase goods from this site may be terminated by INKY Co. at any time without notice. All restrictions, granted by you and limitations of Inky Co.’s liability will survive termination.

CONTACT US
Please contact us should you have any concerns, questions or need help making a purchase on the website. To contact Inky Co. please e-mail in the first instance to hello@inkyco.com.au and we will endeavour to reply to you within 2 business days.

To phone Inky Co. call 613 9239 5080. When you phone Inky Co. you will receive a recorded automated message asking that you leave your contact phone number and a short message. Again we will endeavour to reply to you within 2 business days.

Thank you!