Terms and conditions

  1. Definitions and Interpretation
    1. In these Terms and Conditions:
      Agreement” means the legally binding agreement (incorporating the Quote, Order Confirmation and the following Terms and Conditions) formed between yesMyDesign and the Customer on the acceptance of an Order by yesMyDesign.
      Customer” means any Person that enters the Agreement for the purchase of the Goods, and if there is more than one Customer, then each of them jointly and severally, including all executors, administrators, successors and permitted assigns or any person acting on behalf of and with the authority of the Customer;
      Delivery” means the delivery of the Goods and/or Services to the Customer’s Delivery Address;
      Goods” means artwork, images or materials supplied or to be supplied, by yesMyDesign to the Customer in pursuant to this Agreement;
      GST” means GST under the GST Law applying in respect of the payment under this Agreement;
      GST Law” means A Tax System (Goods and Services) Tax Act 1999 (GST) and any other law, public ruling or determination imposing or dealing with the assessment, collection, imposition, calculation, payment or recovery of or liability for GST;
      yesMyDesign” means yesMyDesign and includes yesMyDesign administrators, successors and permitted assigns and any person acting on behalf of and with the authority of yesMyDesign;
    2. defined Terms unless the context states otherwise:
      • headings are included for convenience only and do not affect the interpretation of the Terms and Conditions;
      • references to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
      • words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
      • grammatical forms of defined words or phrases have corresponding meanings;
      • unless otherwise stated, a reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
      • references to a party are intended to bind their executors, administrators and permitted transferees; and
      • obligations under this Agreement affecting more than one party bind them jointly and each of them severally.
  2. Customer’s Obligations
    1. Order Acceptance
      All orders are accepted and handled in accordance with these Terms and Conditions. The customer accepts these conditions by using yesMyDesign application and/or submitting an order.
      When ordering the Customer must observe the laws of Australia as the country to which the product is being distributed.
    2. Responsibility for images and copyright
      Customer’s data and image are processed automatically within the framework of an automated technical process without prior manual controls and correction by yesMyDesign. In uploading images, the Customer confirms that he/she is entitled to disseminate and reproduce the content and materials in the file.
      The Customer is solely responsible and authorised to use the copyright material of the project submitted. yesMyDesign does not accept responsibility for the project file submitted.
    3. Liability
      The Customer must take care of the upload images and project files. yesMyDesign does not accept liability for damage or loss of the files.
    4. Quality and Submission
      The Customer must check and preview the project and for included text, carefully check spelling and/or grammar.  Once an order is placed, no changes can be made to it.
      yesMyDesign emphasises that the quality of the wallpaper project will not be better than what seen on the Customer’s computer monitor when using yesMyDesign application. The Customer must carefully examine the resolution, clarity and brightness of the uploaded images with a calibrated monitor.
      The Customer must declare any defects of the delivered goods within 14 days of delivery. Defects on products that are already installed can’t be accepted.
    5. Inspection, Acceptance of Goods
      The Customer must inspect the Goods on Delivery and, if no inspection is so made, is deemed to have accepted the Goods.
      The Customer has no Claim for shortages, defects or any Loss in respect of Goods apparent on inspection unless a written complaint is made to yesMyDesign within the same Business Day of the Delivery Time specifying the shortage or defect.
      yesMyDesign is, after receipt of the complaint, permitted to inspect the Goods and investigate the complaint.
      If a complaint is not made to yesMyDesign within the same Business Day, the Goods will be deemed to be in accordance with the Agreement, and yesMyDesign will not be held liable for any Claims or future Losses regarding the use or application of the Goods, and the Customer is bound to pay for them accordingly.
      yesMyDesign shall not be under any obligation to accept Goods returned by the Customer. yesMyDesign will only accept the return of Goods from the Customer where:
      • the Customer has complied with clause 2.5 and yesMyDesign is satisfied as to the claim by the Customer; and
      • the Goods are returned to yesMyDesign in the same condition as when first delivered to the Customer.
    6. Indemnity
      You agree to indemnify yesMyDesign against any claim made against or suffered by yesMyDesign in connection with your use of yesMyDesign and your breach of these Terms of Use or your breach of any rights of third parties.
  3. yesMyDesign Obligations
    1. Printing
      Printing the project on the Customer behalf, yesMyDesign does NOT claim any ownership rights in the images the Customer uploaded and submitted.
    2. Offensive and explicit images
      yesMyDesign reserves the right to not produce any item that it reasonably believes may contain explicit or sexual imagery; is invasive of privacy; vulgar, obscene, profane; or which may harass or cause distress or inconvenience to, or incite hatred of, any person.
    3. Quality
      yesMyDesign liability is limited to errors which are related to production, shipping and delivery of the product.
      yesMyDesign guarantees it’s preloaded images of a high quality and standard for wallpaper design.
  4. Terms of Payment
    1. Payment Due
      The purchase price is due immediately on completion of order and will be debited from Customer’s account in advance.
      All prices quoted include GST at current rates.
      In case of returned/reversed credit card/debit card transactions, yesMyDesign reserves the right to charge a reasonable handling fee in each case.
      All shipping costs, especially for packing, transport costs, transport insurance and deliveries are confirmed on completion of the order.
      Additional shipping costs will be charged if an incorrect delivery address, or an incorrect addressee is stated by the customer.
    2. Warranty/Passing of Rights
      No guarantee is given against fading or for the waterproofing capability of printed products, except in cases where a written guarantee to the contrary is issued (e.g. UV coated printing process or lamination). yesMyDesign points out that printed products are designed exclusively for use in closed rooms.
      The designations and specifications laid down on conclusion of the contract represent the state of art at that time. Minor technical deviations (especially with respect to cropping and colour of the print) of the goods delivered compared to the goods advertised are permissible and do not represent a defect as long as they are typical for the industry and do not impede the contractually agreed purpose. Cropped images may differ slightly, but not significantly, from the specified size as is typical for images in stock frames. Minor, differences in printed colours that are typical for the industry may occur if the Customer’s display is not calibrated to represent true colours. Black / white prints contain a minor colour tint that is typical for the industry due to colour printing processes. Complaints, credit notes and replacement prints based on these claims are excluded, except where deviations are above and beyond the norm for the industry.
  5. Service Levels
    Our service level goal is to produce an order in seven working days or less, however this is not a guarantee. The Customer will receive an email confirmation when the order is complete.
    1. Delivery
      Once the order is complete, your project is dispatched. Deliveries will be sent to the address stated for delivery in the order.
      Where the Customer is not available to accept delivery, the delivery driver has the ‘Authority To Leave’ an item if he/she deems it safe to do so. If it’s not deemed safe to leave an item, a card will be left explaining how you can receive delivery or pick-up the product.
    2. Guarantee
      If you are not completely satisfied with your product, please contact us via our contact form on the yesMyDesign website within two weeks of delivery or call during business hours. If there has been a production issue with your wallpaper project we will happily resupply your item or refund your order.
    3. Contact
      Level 23, 727 Collins St, Melbourne VIC 3008
      p: 0407 768 319 (during business hours)
All Orders placed with yesMyDesign are subject to the following Terms and Conditions.
The Customer acknowledges and confirms that it, he or she has read, understood and unconditionally accepts the Terms and Conditions. The Terms and Conditions constitute a legally binding Agreement between yesMyDesign and the Customer.