The Website referred to in these Terms and Conditions of Sale (www.PlatformPrintingAustralia.com) is owned and operated by Platform Printing Australia (PPA, ABN 53 606 223 163). These Terms and Conditions of Sale are to be read within the context of the website Terms and Conditions of Use and Privacy Policy.

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These Terms and Conditions of Sale apply to all transactions between PPA and yourself and can only be varied in writing signed by PPA. Proceeding to purchase on the website indicates to PPA you have read, understood and agree to these terms and conditions. Any questions or concerns about these terms and conditions or any purchase for products or services made through the website should be directed to our team. We will always do our best to resolve any issues with sales or products to ensure a pleasant and customer focused experience.

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1. Ecommerce

While PPA endeavours to ensure the website and online store is accurate, pricing or stock errors may occur, as well as mechanical issues with printing equipment required to produce products in timeframes and at quantities required.

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No agreement is formed until a payment is processed and your order accepted, which is indicated by your receipt of order confirmation. If an error has occurred prior to submission of your order, such as a stock or pricing error, PPA may chose not to fill the order. Any decision around this matter is not taken lightly and the PPA team will be in contact with you to discuss options. Options can include, but are not limited to, a request to resubmit an order, delaying an order, placing an order at the correct price, or providing a full refund. If an order cannot be filled and no other resolution can be found, a full refund will be provided as soon as possible.

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2. Payment

You agree to pay PPA the price listed on the website. Prices will vary and you agree and acknowledge this can be done at any time with notice of such given by posting the new price on our website.

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You acknowledge and agree that a condition of this agreement is conditional on payment in full in cleared funds and any breach of which entitles PPA to terminate this agreement. If your financial institution returns or denies your request for payment, or the purchase is unpaid by your for any other reason, you will be liable for any associated costs incurred by PPA such as, but not limited to, banking fees and charges. PPA may also stop delivery of any unpaid goods or provision of any unpaid services until payment is received in full.

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If an insolvency event occurs in relation to you and you fail to pay for an order or services, we may suspend delivery for that order or service, require payment in a particular form or terminate this agreement.

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Forms of payment accepted by the website are by credit card or Paypal.

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By making a payment on the website, you indicate to PPA that you have read, understood and agreed to the terms of third-party payment service or credit provider which will be available on their own websites, and that these services are provided to you on the PPA website for convenience only. PPA is not responsible for any issues, loss or damage arising from these services. Any issues with these services should be directed to the owners of these services.

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3. Discounts and Coupon Codes

PPA offers discounts or coupon codes in various situations. Discount and coupon codes cannot be used in conjunction with another offer, meaning only one promotion can be applied to a purchase, not both. This includes discounts or coupons of different types, such as discounted prices and free shipping vouchers.

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Discounts and coupon codes;

• can only be used once per customer, unless specified otherwise.

• are non-transferable and cannot be redeemed for cash.

• are only available on full-priced goods

• are only available for the time stated, else for a period of 12 months.

 

PPA reserves the right to revoke any discount or coupon code at any time without notice.

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4. Downloads

At this stage digital products are not available through PPA. No .stl files are directly sold nor are other 3D design or print files. Ownership of any designs created in response to a custom order or alteration of an existing product, even if paid for, remains with PPA. No digital files are to be provided for these custom orders, unless expressly agreed upon by PPA in writing prior to the work being commenced and/or payment being made.

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If a file is to be made available, it will be provided via email attachment. If file size prevents this method, these will be transferred through Google Onedrive, or if not practical our team will work to find an alternative online solution.

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Any loss of files or failure to receive emails in each order is at the responsibility of the customer and all risk passes to you on delivery to your nominated email address.

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5. Events beyond control

Given some circumstances are beyond the control of PPA such as fires, weather extremes, strikes, pandemic, epidemic, more pandemics, as well as computer, server or internet incidents or outages may impact PPA’s ability to complete and dispatch orders. Additionally injury or illness of key personnel and respective dependants. Some key risks that can impact PPAs ability to function effectively are extremely high and low temperatures impacting photosensitive resin qualities and COVID-19 lockdown orders preventing operation of ‘non essential’ services and related delays to importing of materials.

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If any circumstances beyond PPA’s control prevent production or dispatch of your order, you agree to release us from any obligation to dispatch your order while those circumstances continue. PPA may chose to cancel your order while these circumstances continue, or continue work and delay completion of your order until those circumstances end. If any major delay is expected, we will contact you to discuss a mutually beneficial solution.

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6. Advice and information

We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application and working techniques. 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. Advice and information given is general in nature and not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional or medical advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of you or any other person’s reliance on information or advice we provide on our Website or through other forms of communication, unless otherwise required by law.

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7. Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). 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.

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Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and

• to a refund for the unused portion, or to compensation for its reduced value.
   

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

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

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

• repair of the product;

• replacement 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 (those purchasing outside of Australia or if purchased for re-sale with authorisation), 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. Please choose carefully as we do not offer refunds for change of mind.

 

If you are seeking a claim related to the ACL, please contact us.

 

8. Disclaimer and indemnity

Nothing in these terms limits or excludes any rights, guarantees, warranties, representations or conditions that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law (ACL).

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Excluding this, to the extent permitted by law, we exclude all other terms, guarantees, warranties, representations or conditions as to the performance, durability, completeness or suitability of the products and materials offered on this website for any purpose which is not expressly stated in these terms. You hereby acknowledge that such products and materials may contain minor variations (colour, size shape), inaccuracies or errors, and we expressly exclude any liability for such to the fullest extent permissible by law.

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We will not be liable for any special, indirect or consequential loss or damage, excluding such loss or damage that is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the products offered or any materials provided, including as a result of using or performing additional work on these products or materials, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. If we can’t exclude liability, but we can limit it, we limit it to the maximum extent permitted by the ACL.

 

These products and materials have been made available, however their use is it at entirely your own risk, for which we will not be liable. We exclude all liability for loss or damage you might suffer because of:

• failures, errors, mistakes, inaccuracies, interruptions, defects, delays, or unlawful third party conduct arising out of the use of these products or materials

• personal injury or property damage of any nature resulting from you or any other person’s use of products or materials offered

• costs incurred by you in using the products or materials made available

 

All products are provided as a final product. Further working of products, such as sanding or cutting, is not recommended due to dusts and particles created that may be harmful. It is your own responsibility to ensure that any products or materials worked further beyond the state they are provided in is done so in a safe and protected manner, such as use of effective and appropriate Personal Protective Equipment (respirators, spectacles etc).

 

No products sold on this website are to be considered toys suitable for children. Products sold are exclusively for adult hobbyists for use in model layouts or professional dioramas. Nothing sold or offered by us is suitable for children as;

• Most parts are small and may pose choking hazards

• Products or kits may contain workable materials, such as glues or electronic components not suitable for children

• All products are designed to be installed in a static model and left in position. These products lack the durability required for regular ‘play’, and no representation to the contrary is made.

 

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from the use of, or purchase of, any of our products.

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8. Refund Policy

If you are not satisfied with our products upon receipt, you can contact us so we can try to resolve any issues you have, even if that means a full refund. If you are seeking a refund please:

1. Contact us by email or through our online form within 14 days of your purchase

2. Let us know why you would like a refund

3. Organise for the products to be returned to us, including shipping costs if required

 

Some products we create are very small and easily broken. While we will assist if products are damaged during transport, we cannot provide a refund if products have been damaged during their use. All designs are tested prior to shipping, and have been confirmed to durable enough to fulfil their intended purpose. Additionally, all parts are handmade and, if painted, done so by hand, and as such will always feature slight variations and may have minor aesthetic defects or blemishes as a result – these are not considered reasonable for replacement/refund if still functional.

 

Our refund policy does not replace your rights under Australian Consumer Law.

 

9. Intellectual property

All copyright in our designs belongs exclusively to Platform Printing Australia. We grant you a non-exclusive, royalty-free, revocable license to use our designs for the intended purpose within the business disclosed at the time of purchase. Our designs may be re-used by you within the same business but must not be used for any additional or other business, whether owned or operated by you or any other person. Our designs may not be copied, reproduced, transmitted electronically or otherwise used in any way in whole or in part for the purpose of commercial gain by you for any purpose that may amount to competition with Platform Printing Australias’ business in any way whatsoever.

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You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.

 

10. Dispute resolution

If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance. We will do our best to resolve the issue to your satisfaction as quick and efficiently as possible. If we cannot resolve the issue within thirty days, any mediation required will occur in QLD with costs covered by you. If the dispute is unresolved within thirty days of the mediation, either of us can ask the mediator to terminate the mediation and they must do so.

 

Each of us agrees that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause.

 

11. Variation

These conditions can be changed at any time by PPA by updating this document and giving notice to you by posting a copy on this Website. The changes will be effective immediately once posted.

 

12. Severance

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

 

13. Termination

We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.

 

14. Jurisdiction

Being based in Queensland, Australia, the terms will be governed by laws of Queensland. If a dispute was to arise, PPA requests contact be made with our team in the first instance so we can do our best to resolve the dispute as satisfactorily, efficiently and effectively as possible. Any further progression of disputes in courts are agreed to occur exclusively in the courts of Queensland and related courts of appeal from them.