Thanks for visiting Cards that Count. We’ll do all we can to ensure you have an enjoyable shopping experience, and that you are completely happy with your cards

Now for the legal bit…

1. Introduction

These terms and conditions (the “Terms”) set out your rights and obligations, and those of Cards that Count Pty Limited (“we” or “us”), in relation to this website, www.cardsthatcount.com.au (the “Website”), and any products, services and material of any kind available through the Site or us (the “Services”).

We are a company registered in Australia with ABN 16627428737 under the name Cards that Count PTY Limited.

When we refer to “Cards that Count” in these Terms, we mean us, the Site and/or the Services, according to the context.

Visitors to Cards that Count who use the Site affirm that they are bound by these Terms each time they access www.cardsthatcount.com.au

If you do not agree to these Terms, you must not use this Website.

You should be aware that these Terms may change from time to time.

I agree to the Terms & Conditions and Privacy Notice, and I am 16 years or older.

2. Trading details

Whenever you buy a product through this Website, you will be contracting with Cards that Count, PTY Limited, a limited liability company incorporated in Australia.

Business Address: PO Box 157 Subiaco PO, Western Australia 6904

Email address: info@cardsthatcom.au

ABN: 16627428737

3. Ordering from us

3.1. Product description

We use our reasonable endeavours to make sure that every product on www.cardsthatcount.com.au is shown accurately and that prices are correct. However, occasionally there may be small variations in colour, typefaces and layout.

3.2. Placing your order

A contract for the purchase of a product is created as follows:

• The User places the order on the Site by pressing an order confirmation button (Place Order) at the end of the checkout process.

• By confirming your order, you are agreeing to purchase the product you have selected

• At this point, we take payment for your order by means of your nominated payment method

• We will send to you an “Order Confirmation” email detailing your order

From time to time, we may reject an order for the following reasons:

a. Where we cannot obtain authorisation for your payment

b. If there has been a relevant pricing or product description error

c. If your order otherwise breaches any of the requirements of these Terms

d. We suspect that the order has been placed fraudulently

e. It appears that the order mistakenly duplicates another order

If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.

There are limited circumstances in which you may cancel an order after it has been made – see section 6 on this.

Note that we may bar or prevent an individual Account, User, email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law.

You must be at least 16 years of age to make a purchase from this website.

If you do not agree to these Terms, you must not use this website.

3.3. Artwork

Cards that Count aims to provide you with a fast, high-quality service. Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct. It is up to you to ensure that the Student Name for printing on the back of the card is correct.

By submitting a completed artwork template, you acknowledge that Cards that Count will use this artwork to create a personalised sample card for you.

3.4. Payment

At www.cardsthatcount.com.au you can pay for your products using credit card at the time of your order.

4. Supply and Pricing of Products

4.1. Supply of Products

The cards and other products sold by us through our Website are manufactured and shipped from a range of different in-house and third-party production facilities based in Australia. 

4.2. Prices and GST 

All prices of products shown on the website www.cardsthatcount.com.au include GST.

4.3. Unable to Fulfil Order

In the event that we are unable to fulfil your order, we will provide a full refund of any payment received within 28 days.

5. Delivery

During the order process, Cards that Count will notify your P&F/P&C representative of the despatch dates available and the expected timeframe for receiving your order; however, Cards that Count does not guarantee delivery dates or times. We will communicate any delivery changes to your P&F/P&C representative as soon as possible. 

Ordered card packs will be delivered to your school for distribution by your P&F/P&C representative.

5.1. Circumstances Beyond Our Control

Neither we, nor any delivery service that we use, shall be liable for any failure to perform Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.

6. Changing or cancelling an order

It is best to email us if you need to cancel or change your order at info@cardsthatcount.com.au. Please have your order number or the email address you registered with us available so we can answer your query as quickly as possible.

Emails are answered during business hours (Monday – Friday 8.30am – 8.00pm WA) in the order they are received. It is therefore possible that your order could begin production before your email is processed and we will be unable to make any changes requested in the email.

7. Returns and refunds

At Cards that Count we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement.

7.1. Reporting a problem

If for any reason you are not happy with your Cards that Count order, please contact us at info@cardsthatcount.com.au. You will need to quote your order number, the email address you have registered and the details of the problem with the order.

We aim to acknowledge any complaint within 14 working days (usually it takes 1-2 days), and will do our best to resolve it within 28 days. We may ask you to take a photograph of the product to help us communicate with our suppliers and correct any future problems. Should it be necessary, we will then advise you how to return your item.

7.2. Returning products and issuing refunds

Where an item is faulty, we will ask you to return it to us within three days of receipt. Please contact us via email at  info@cardsthatcount.com.au to arrange this. Your right to return items to us is in accordance with these Terms is in addition to any other statutory rights you may have.

If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit card that you paid with. Alternatively, we may offer to reprint and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.

Refunds cannot be given if the fault is a result of your own actions such as if a name is misspelt or if your template artwork provided is of poor quality. Please see section 3.3, ‘Personalising products’, for more information.

It is important that we are contacted as soon as possible regarding issues with your order or the product(s) you have ordered. We need to be informed of any issues within three days of the delivery to give us the best chance of successfully resolving the issue.

8. Use of the Website

8.1. Abuse of service

You agree not to use Cards that Count directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. 

8.2. Intellectual Property

You may use and access Cards that Count to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material provided to or taken from Cards that Count.

No-one may copy, distribute or create any derivative work from Cards that Count, or any of the material which is found on Cards that Count unless properly licensed in writing by us. All student artwork remains the property of the artist. You are not allowed to use Cards that Count (or to copy or use any material found on Cards that Count) for any commercial purpose other than to conduct the purchase of a product from Cards that Count.

No-one may use any robot, spider, scraper or other automated means to access Cards that Count for any purpose without our prior express written permission.

8.3. Website content and service access

We will always try to ensure that our wesbite is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.

We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials. In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of this website

8.4. Links

Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.

8.5. Liability

We use reasonable care and skill to provide Cards that Count in accordance with our specifications for Cards that Count but

• the Services are provided “as is”

• we cannot and do not guarantee that Cards that Count will meet your requirements

We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.

Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order in accordance with section 3.2. We are under a legal duty to supply goods which conform to our contract with the User.

We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:

• for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption

• any loss or corruption of data

• any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, howsoever caused or arising

Except as expressly stated elsewhere in these Terms, all representations, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.

We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your use of the Website.

8.6. Suspension

We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Cards that Count, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using Cards that Count if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.

In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.