Hello and welcome to The Clever Label! We're so happy to have you as a customer. These are our Terms of Sale (“Terms”) which apply to all customers of Uplifecycle Pty Ltd t/as The Clever Label [ABN 97 679 536 844 ] (“we, us, our”). By using our Website and Services, you're agreeing to these Terms together with any other terms and conditions and policies we publish or link to (together an “Agreement”). “You” could be any client or customer of ours. If you do not agree, unfortunately you cannot purchase any of our Products online.

BEFORE PURCHASE

Things you need to do before purchasing Products on our Website

Before you buy anything from our Website, there are a few things you should know:

you need to be over 18 years old or have parental consent to use their account i.e. as a “delegate”;
please give us complete and accurate information, and promptly inform us if anything changes;
you need to use any special offers, gift codes or coupons at the time of purchase; they can't be applied after the fact;
please ensure you have adequate technology set up and internet access to receive any digital Products; and
once you place an order, we may not be able to cancel it, as it will have been processed and paid for by us.

Acknowledgements you make when purchasing on our Website

Whilst we aim to do our best, please be aware that there may be:

occasional errors or omissions in prices, availability, and our promotions;
technical problems accessing the downloadable; and
some sales that are limited to certain regions or groups of people.

Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Products.

INTELLECTUAL PROPERTY RIGHTS

All the Intellectual Property Rights in the Products are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use the Products for use as specified under these terms and conditions.

Please contact us immediately at ask@thecleverlabel.com if you have any concerns in relation to copyright, or personal information.

WHOLESALE TERMS

If you are interested in purchasing our Products on a wholesale basis, please contact us directly at ask@thecleverlabel.com to discuss potential arrangements. We may agree subject to geographical limitations.

For wholesale orders, we reserve the right to require a minimum purchase quantity. Prices and availability for wholesale orders may differ from those available to retail customers and will be discussed/agreed on a case-by-case basis. For wholesale orders, payment must be made in full prior to the delivery of any Products unless otherwise agreed in writing. We accept payment by bank transfer, or any other method agreed upon by both parties. Payment must be made in advance of delivery. Failure to adhere to the agreed payment terms may result in the suspension or termination of wholesale privileges, and we reserve the right to charge interest on any overdue amounts at a rate of 2% per month.

Wholesale buyers are expected to adhere to all applicable terms and conditions outlined in this Agreement. You may not resell our Products without our express written consent, and any unauthorised resale may result in termination of the wholesale arrangement and potential legal action.

Any digital images must be printed in the way they are provided. Label packs that are resold via retail outlets will need to be handled under the relevant return policy. Where there is a partly used pack, we may provide an additional label pack in your following order.

AFTER PURCHASE

Things you need to know after purchasing on our Website

After purchasing something from our Website, there are a few more things you should know:

please follow our instructions in relation to the Product
if you have any issues with the Product, if you cannot download or access a Product, or if you require a refund, please contact us by email within 48 hours;
please maintain the confidentiality of your login and password for your account accessing Products;
you must not reproduce, duplicate, copy, sell, re-sell or exploit the Products in any way;
please ask our prior written consent before publishing information about us; and
if there is a dispute, please keep all communications confidential.

Things we’d love you to do after purchasing on our Website

We love hearing from our customers and seeing their experiences with our Products. If you have any photos, videos, testimonials, and/or case studies we'd be thrilled if you would share them with us. We might even use them for marketing and information purposes, publications, exhibitions, and professional awards across print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials, and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at ask@thecleverlabel.com.

OTHER MATTERS YOU SHOULD BE AWARE OF

We may change information on our Website and store

Except as required by law, we may change shipping information, availability, Product information, prices, promotions, and any other information on our Website.

We comply with the Australian Consumer Law

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any reasonably foreseeable loss or damage. You are also entitled to have the Product repaired or replaced if the Product fails to be of acceptable quality and the failure does not amount to a major failure.

Except as required by law we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with manufacturers or our instructions, where you fail to take reasonable care, or where you fail to provide us with adequate information.

If we need to cancel your order, we will provide a refund

On occasion, we may cancel an order for Products where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. In some instances, where we cannot fulfil part of your order, we will call and or email you and ask if you would like a substitution Product or refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where any order appears to be by resellers or distributors without permission.

We can refuse to serve you and sell Products at any time

We may stop providing our Website and Services at any time. We may also stop you using our Website and Services and stop you purchasing any of our Products if you breach this Agreement.

LIABILITY AND INDEMNITY

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, lost or stolen Products during delivery, any late delivery, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, or your use or misuse of any Product.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

the replacement of the Products or the supply of equivalent Products; or
the payment of the cost of replacing the Products or of acquiring equivalent Products.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including but not limited to any breach of Intellectual Property Rights or any provision of Content. You indemnify us against any and all Loss or Damage which we may suffer as a result of any Claims arising out of or in connection with a breach of this Agreement, or the Content or its publication.

FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in relation to any Force Majeure Event.

IF THERE IS A DISPUTE

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.

DEFINITIONS

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Agreement means these Terms and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award, or costs.

Content means any content you provide to us for an iron on or label pack.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Products means any label packs or downloadable images for iron-on transfers available through our Website and includes any digital download.

We, us, or our means Uplifecycle Pty Ltd t/as The Clever Label [ABN 97679536844], and includes any of our employees, agents, partners, and contractors.
Website and Services means thecleverlable.com and everything available on this website including, but not limited to, all Products and any services.

Terms of Sale for Digital Products.

The Clever Label