Terms & Conditions
Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY FOR FUTURE REFERENCE
By placing an order at TheDiscountKing.com.au you are accepting our terms and conditions.
1. Definitions
1.1 "Consumer" means an individual who purchase and use goods and services offered on Website.
1.2 "Company" means The Discount King (Aust).
1.3 "TheDiscountKing.com.au" means on-line store owed by Company also referred to as "we", "us" or "The Discount King (Aust)" in these terms and conditions.
1.4 "Working days" means Monday to Friday, excluding Bank or other Public Holidays.
1.5 "Normal Working Hours" means 9 am to 9 pm on a Working Day.
1.6 "Goods" means products and services available to purchase on-line.
1.7 "Website" means www.thediscountking.com.au.
1.8 "Proof" means digital reflection of Goods before they are printed.
1.9 "Turnaround" means number of Working days required for production (print, finishing and packing). Turnaround counts from the following day we receive Proof approval to print.
2. Description of Goods/Warranty and Liability
2.1 We guarantee that the Goods will correspond to the description given to customer via the Website and/or over the phone.
All products we print/produce/sell are custom made and it is not practical to publish detailed specifications of all the products.
All images, descriptive matter, specifications and advertising are for the sole purpose of giving an approximate description of the goods.
2.2 We reserve the right to alter any details of products advertised without notice and while every effort is made to describe goods accurately in the advertisement no warranty is given as to accuracy and no responsibility will be accepted for error or spelling mistake and any resulting loss.
3. Prices
3.1 Goods, excluding any local taxes and duties, if any, are invoiced at the price prevailing at time of order.
Prices listed on the Website are net. Postage / Shipping Cost are added during the order process and is shown on the order confirmation screen before order is placed.
3.2 We reserve rights to modify the prices without notice but with no affect to existing or past orders.
3.3 All preliminary work, whether experimentally or otherwise, at the customers request shall be charged.
3.4 A charge may be made to cover any additional work involved where artwork supplied is not clear and legible.
4. Payment We are pleased to accept major Credit and Debit Cards, PayPal, and Bank Money Transfer payments. Payment method can be chosen at the time of the order.
Every order needs to be paid at the time it's placed.
Once the funds have been received we start the process.
Person who makes an order has to be over 18 years old.
If the order remains unpaid for 10 working days it will be automatically deleted.
5. Limitation of Liability
In no event shall we or our subsidiaries, affiliates, officers, agents, business partners or employees, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not we have been advised of possibility of the damage, arising out of or in connection with the use or performance of the site or of failure to provide services that you order from us or our affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service.
You also acknowledge that in no event shall we be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.
6. Indemnification
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, business partners or employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, or transmit through our site.
By using our site, you are representing that you have full rights to use the copy, design, and images in your artwork without infringing the intellectual property rights of third parties.
7. Artwork
7.1 We require artwork which meets our demands, in CYMK and in acceptable formats. If an artwork does not fulfil our requirements, it may be rejected and the whole order cancelled – in such case we will deduct $10 cancellation fee.
7.2 Customers can supply us with artwork in following ways:
- upload the artwork to the website
- send by an e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it (Customers are required to include the order reference number). Each email cannot be bigger than 10MB otherwise it will be rejected by our spam filters
7.3 You may send us your artwork before placing an order and we will check whether it meet press requirements or not.
7.4 Upon sight of artwork and at its sole discretion The Discount King (Aust) reserves the right to decline to print any item it deems to be inappropriate. Any payments made for work rejected by reason of this clause will be refunded in full.
7.5 Artwork will be kept for 3 months.
7.6 Our prices include Proof preparation.
7.7 We do not allow changes to artwork, job characteristics, or turnaround time once we receive your approved file and your print job has been sent to print - order status "Printing in progress".
7.8 We shall not be required to print any matter which in our opinion is or may be of any illegal or libellous nature or any infringement of the proprietary or other rights of any third party. (b) We shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall include (without limitation) any amounts paid on a lawyer’s advice in settlement of any claim that any matter is libellous or such an infringement.
7.9 Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable.
7.10
8. Proofs
8.1 Proofs of all work may be submitted for customer’s approval and we shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to our judgement, changes therefore made by the customer shall be charged extra.
8.2 Proofs of all work may be submitted for customer’s approval and we shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to our judgement, changes therefore made by the customer shall be charged extra.
9. Delivery
9.1 Methods of shipment can be selected during check out.
9.2 We are not responsible for any local duties and taxes, if any.
9.3 If customer requires insurance for the shipment, please contact before placing the order invoice can be prepared accordingly.
9.4 Days on shipping is based on estimates provided by shipping agent. We are not responsible for any delays and losses arising from the delay.
9.5 Please notify the fact that we cannot take responsibility for any failure on the part of any courier or delivery service used to delivery goods, nor can we accept any consequential loss incurred by the customer by any action or inaction on the part of The Discount King (Aust).
You must examine all Goods delivered at the time of their arrival.
9.6 We shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accrual of such, claim, damages or expenses on a time basis. We would like to admit that the Customer's content is our priority.
9.7 Turnaround and delivery times are estimated only unless confirmed by a member of staff or email.
9.8 Before Goods arrival we would provide you with parcel tracking details.
9.9 We do our best to deliver all orders within estimated time but it is possible that order may be delayed due to: error in printing or at the finishing stage, damage in packing or misdelivery.
By placing an order with Us you are aware of the fact that it may happen and you may need to wait until order is re-printed - that usually takes half a time of standard turnaround unless it's due to misdelivery.
10. Waiver No waiver by either party of any breach of these Conditions by the other party shall be considered as a waiver of any subsequent breach of the same or any other provision.
11. Order Cancellation
11.1 You have a right to cancel an order as long as the print process has not started. Please note that you cannot cancel an order once its status is "Printing in Progress" or any subsequent.
11.2 Cancellation fee is $10 and it covers admin charges, artwork verification and proof preparation. It is unrefundable.
12. Returns and Refunds
12.1 No liability can be accepted by us for errors, grammar, spelling or omissions made on artwork approved to print by customer.
If the order arrives damaged, or there is any misprint or any other error compared with Proof it is necessary to inform us about this fact within 10 days from delivery.
We reserve a right to ask you for samples of delivered Goods before we could offer any help. If on sight of samples we decide it's our fault we could offer re-print, partial refund or full refund depending on the error.
Claims received later than 10 after delivery day might be rejected.
12.2 All sales are final since we customise each order according to your request. We give no refunds or credit but if we verify that we made an error, we will re-print your order.
13. Order's status Sequence
a) Pending, Preparing - default status when order is placed
b) Payment Awaiting - we have not recorded your payment or payment has not been made in full
c) Preparing [PayPal IPN] - we are waiting for PayPal (www.paypal.com) - our cards payment processor to confirm the payment.
d) Artwork Awaiting - we are awaiting your files
e) Artwork Verification - we are checking whether your files meeet our requirements
f) Artwork in Progress - if Artwork Design was ordered our designer's team is creating an artwork
g) Approval Awaiting - digital proof(s) were send and we are awaiting approval to print
h) Approved to Print - we have received approval to print via the Website or email
i) Printing in Progress - your order is being proceed
j) Dispatched - the goods have been sent out
k) Delivered - order has been delivered
14. Force majeure
We shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond our reasonable control including (without limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials supplied by the customer; failure of power supply; lock-out; strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to us elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
15. Data Protection
15.1 By placing an order with Us the Customer consents to its details being held by us for accounting purposes and passed to third party contractors where necessary to complete the Work (such as carriers for the purpose of delivering the Work to the Customer or the card processor) and this information will be retained by us even after the trading relationship has ceased.
15.2 By placing an order or registering on the Website the Customer consents to The Discount King (Aust) using our information for marketing purposes whereby we may notify the Customer about its products, services or special offers that may be of interest, unless otherwise agreed.
16. Copyright
16.1 The Customer shall be responsible for obtaining all necessary authorities and consents to reproduce (non-exhaustively) artwork, photographs, copyright text and the like (“Materials”) prior to instructing Us to reproduce the same. The Customer shall indemnify and hold blameless us against all demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that that the reproduction of the materials by us infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
16.2 All design Work commissioned or ordered by the Customer and originated by Us shall, as to its material elements and as to the copyright or design right in relation to it, belong to The Discount King (Aust).
16.3 The Customer shall not have any right to reproduce or authorise any other person to reproduce any such design Work in whole or in part or do any act which would, in the absence of written authorisation by The Discount King (Aust), infringe any copyright or design right which may subsist in relation to any such design Work.
16.4 We may, at the request of the Customer, assign the copyright and design right of design Work to the Customer upon payment of Our expenses in relation to such assignment.
17. Legal Information
17.1 None of these Terms and Conditions affects your statutory rights.
17.2 These Terms and Conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of Hong Kong and the parties agree to submit to the jurisdiction of the courts of Hong Kong. Your Statutory Rights are not affected and we deliver an absolute No Prejudice practice when dealing with customer queries, returns, exchanges and refunds.
18. Entire Agreement
These Terms and Conditions, together with the Privacy Policy& Use of Website Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
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