Terms and Conditions

These terms and conditions outline the rules and regulations for the use of the Astro Visual Website and engaging Astro Visual to produce products.

Astro Visual Pty Ltd ABN 64 629 433 886

Astro Visual Pty Ltd is located at: Thornton, NSW

Phone: 0421 274 073

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Astro Visual Pty Ltd’s website if you do not accept all of the terms and conditions stated on this page.

License

Unless otherwise stated, Astro Visual Pty Ltd and/or it’s licensors own the intellectual property rights for all material on Astro Visual Pty Ltd. All intellectual property rights are reserved. You may view and/or print pages from https://www.astrovisual.com.au for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  1. Republish material from https://www.astrovisual.com.au
  2. Sell, rent or sub-license material from https://www.astrovisual.com.au
  3. Reproduce, duplicate or copy material from https://www.astrovisual.com.au

Redistribute content from Astro Visual Pty Ltd (unless content is specifically made for redistribution).

Terms & Conditions

1. Legal agreement

1.1 Information regarding our products/items, including, but not limited to, ordering, pricing, design and other relevant subjects and information can be found on our Astro Visual website. This document limits the terms of business (including any legal terms and conditions) between yourself and Astro Visual for any agreement entered into between yourself and Astro Visual in conjunction with your order, approval by both parties and our written acceptance of the above.

1.2 The term “the customer” refers to any individual, individuals, business, company, organisation or association who acts on their own or on behalf of other parties with the intent to engage Astro Visual in supplying them with product(s).

2. Purchasing

Purchasing stock products

2.1 The term “stock products” or “stock items” refers to products Astro Visual has created and holds as physical stock, or designs Astro Visual creates for bulk ordering runs that are open for purchase or ordering to any customer, and, those designs have no customer specific changes or requirements catered for in the design and/or manufacturing.

2.2 After ordering products from our website the customer will be sent an automated tax invoice receipt email. If you do not receive such an email within one or two business days, please check your email junk folder. If still not found, please don’t hesitate to contact us.
Purchasing custom designed products

2.3 The term “custom designed” products are products that are not stock items. Custom designed products are created to be specific to a customer’s requirements, such as design, colours, text, logos, placement of elements etc.

2.4 After completion of a custom design, and the customer has confirmed the sizes and quantities of the product(s) they require along with their delivery details, Astro Visual will email the customer a tax invoice itemising the customer’s order.

2.5 Full payment of the invoice is required prior to any manufacturing of the products within the order. Payment details are included on the invoice and the invoice serves as the receipt once paid.

2.6 By payment of invoice, the customer agrees that they have checked the quantities and sizes of their order as itemised on the invoice, the details for delivery when the order is complete, and the customer agrees they have checked the accompanying concept image(s) and that all details of the design are accepted. As such, the payment of the invoice by the customer serves as the official and final sign-off and go ahead to Astro Visual to manufacture the invoiced order.

2.7 Astro Visual reserves the right to make any changes they deem necessary (after invoice payment) to design including but not limited to such things as colours, positions of elements, bolding of text, thickening of lines etc if Astro Visual reasonably believes the changes are necessary to effect the best print and manufacture outcome for the customer.

2.8 Once payment has been processed by Astro Visual, the order is sent to manufacture and the estimated time until delivery begins. Astro Visual does everything we can to supply all orders within the estimated time frame, however Astro Visual shall remain blameless where circumstances, happenings, malfunctions etc are beyond our control and adversely affect the delivery time.

2.9 After an order is sent to manufacture, no further changes to the design can be made. It is possible to add to the quantities ordered within 2 days of sending to manufacture but quantities can not be reduced. Where the customer requires extra quantities included in the order, an updated invoice will be emailed out to replace the previous invoice.

2.10 Astro Visual reserves the right to refuse to accept an order, however unlikely this course of action may be, at any stage of the quote, design and payment stage of the order process, and shall remain blameless and without responsibility financially or otherwise. Where a payment has been made by the customer, Astro Visual will refund in full or a large part thereof whichever is deemed reasonable and fair.

3. Costs, shipping and GST

3.1 Prices quoted by Astro Visual will include Goods and Services Tax (“GST”) payable to the Australian Taxation Office. Astro Visual reserve the right to amend the quotation/estimate before we accept an order and email out an invoice in the event of an unexpected increase in GST, shipping or other costs. The customer has the right to refuse the increase and cancel the order.

3.2 Shipping costs quoted by Astro Visual are for standard Australia Post bags unless otherwise stated.

3.3 Once the order has been posted by Astro Visual, a tracking number will be emailed to you. Astro Visual can not be held responsible for where or when Australia Post leaves the order at the address provided to us by the customer.

3.4 Once posted, the order delivery time may be affected by seasonal demand loads, weather events, industrial actions, locations remote to our location or other unforeseen circumstances beyond the control of Astro Visual.

3.5 If not delayed by elements listed in 3.4 above or similar, delivery times for most orders after posting are usually within a few days.

3.6 Total delivery time estimate for an order after payment is received and processed by Astro Visual is usually between 4-6 weeks. Very large orders or orders to locations remote to our location may require more time.

4. Payment

4.1 Payment must be made in full by bank transfer or credit card (2.3% fees apply) and received and processed by Astro Visual before an order is finalised and sent to manufacture. Until such time as the bank or credit card issuer has authorised payment of the total amount by bank or credit card there is no obligation on Astro Visual to produce or supply any of the products ordered.

5. Product ownership

5.1 Ownership of any products is transferred from Astro Visual to the customer as soon as payment in full is received from the customer. It is our policy to treat all products as though they are ours until the customer has received the physical product.

6. Quality and warranty

6.1 Astro Visual is very secure in our history of providing high quality products from design through to textiles and workmanship. Our ongoing quality control protocols do an excellent job of ensuring better than acceptable consistency across our products. Minor variations are unavoidable however in such elements as colour, textiles, placements etc. These can be due to various reasons such as colour interaction, ink types and batches, temperature, print heads, print machines, textile types and batches and more. It’s important that the customer understands this is throughout the textile industry and not an issue for us only.

6.2 Colour reproduction is displayed differently on one device (computer, phone etc) from another. Colour reproduction is displayed differently even on identical devices or monitors, especially if the two devices or monitors are not calibrated exactly identically also. Device or monitor settings can affect the colour accuracy displayed to the viewer. Even ambient light or artificial light can affect the colour hues seen by the human eye. The human eye can also see colours differently person to person. Astro Visual makes a large effort to reproduce colours as closely as possible to the concept images we create for our customers, however we can not accept responsibility for minor variations between concept, sample and the final products. This applies to the same product and design over different orders.

6.3 Astro Visual warrants our products for manufacturing and material faults, notwithstanding reasonable wear and tear damage sustained during cycling related usage. In the event of such a fault Astro Visual may replace or repair the product depending on the issue.

6.4 If a customer feels they have a need to make a warranty claim they should email us immediately and describe the issue. Photos are helpful to expedite the claim and may be requested by Astro Visual in order to better understand the problem.

7. IP Rights

7.1 “IP Rights” refers to rights to logos, motifs, trademarks, designs and any other intellectual property rights relating to material or information provided by the customer for use or inclusion by Astro Visual in a product or products ordered by the customer.

7.2 The customer warrants that they are the owner of all IP Rights of any material or information provided by the customer in the design and production of a product or products ordered by the customer and that the use by Astro Visual will not breach the intellectual property or other rights of any third party.

7.3 If clause 7.1 or 7.2 is breached by the customer, the customer agrees to indemnify hold blameless and keep indemnified and blameless Astro Visual from any and all Claims made against Astro Visual in relation to or arising out of any such breach.

7.4 Astro Visual reserves the right in its absolute discretion to decline to produce any product which Astro Visual believes may constitute a breach of IP rights, privacy, an infringement of the rights of any third party. Furthermore Astro Visual reserves the right in its absolute discretion to decline to produce any product which Astro Visual considers overly offensive, racist, pornographic, constitute propaganda or incite any form of unlawful action. Declining to produce a product in such circumstances does not constitute a breach of the agreement by Astro Visual.

7.5 It is the customer’s responsibility to ensure any order placed on behalf of any form of association, including (by way of example and not limitation) a team or club, must comply with laws or regulations which regulate the association and any rules or guidelines issued by the association. Astro Visual cannot accept any responsibility for products produced by us which do not comply with any such laws, rules, regulations or guidelines.

7.6 Astro Visual agrees to give over IP rights to any logo(s) Astro Visual designs and creates for the customer as a specific branding identity for the customer’s business, company, association or club. General design elements, colours etc are not included in the IP rights given over.

7.8 Astro Visual retains the IP rights to any design elements it may create for the customer as general design elements for any given design. Astro Visual reserves the right to reuse elements, whether complete or facets thereof, in future designs where Astro Visual sees fit.

8. Rights to promote

8.1 Products supplied by Astro Visual may include Astro Visual logos, labels and text. For example:
 – one or more externally visible Astro Visual logo(s) and/or text
 – one or more visible Astro Visual labels
In addition to the above, Astro Visual reserves the right to brand any materials or textiles (e.g. rubber or zip fasteners) with its own logo and/or text.

8.2 Astro Visual reserves the right to use any product or the image of any product which the customer has ordered for promotional purposes. Without limiting the generality of the foregoing, Astro Visual has the right to display any such product on any media, in online or printed catalogues, advertisements, exhibitions and anywhere Astro Visual carries out promotional activities.

8.3 Astro Visual reserves the right to use the customer’s name and any comments made by the customer, or any representative of the customer, about our products in promotional activities but will respect your wishes if you request us by email to refrain from doing so.

8.4 Any products produced pursuant to an order submitted by the customer which are not actually supplied to the customer for any reason may be used by Astro Visual for promotional or other activities.

9. General

9.1 Entire Agreement
These terms and conditions in conjunction with the order from the customer and our acceptance constitute the whole agreement between Astro Visual and the customer. Furthermore, it is not necessary for any further or supporting statement, representation or claim to be made by or on behalf of Astro Visual or the customer to enter into or formalise this agreement. If the customer feels something should be added to the agreement to satisfy their requirements which is not set out in these terms, our website, a brochure or advertisement published by us, the customer should email Astro Visual with the additions they propose and seek written compliance with the proposed changes from Astro Visual before payment is made for the order and the agreement and order become binding.

9.2 Force Majeure
Neither party shall be liable for any loss or damage if its failure to perform in accordance with the terms of our agreement results from any event or circumstance beyond its reasonable control, including, without limitation, any natural disaster, fire, flood, earthquake, or other Act of God; strike or other industrial dispute; war or rebellion; or compliance with any law, regulation, or order (whether valid or invalid) of any governmental body which comes into effect after the date of acceptance of your order. In order to rely upon any such event, the party wishing to rely upon it shall, as soon as possible after the event, notify the other party in writing and advise the consequences of the event (such as the likely length of any delay).

9.3 Hacked information
The customer agrees to not hold Astro Visual responsible if any information about the customer is obtained by a third-party (e.g. by a hacker) without authorisation from information submitted by the customer or Astro Visual via our website or by email whether that information is obtained directly from the electronic communication or from information subsequently stored by Astro Visual.

9.4 Interpretation and definitions
In this Agreement, unless the context otherwise requires: “You”, “your” or “customer” means the company or association named on the order submitted to us; “Astro Visual”, “our”, “we” or “us” means Astro Visual Pty Ltd ACN 118 846 381; Thornton, 1300, NSW, Australia “terms” means the terms and conditions set out herein; headings and bold emphasis are for convenience only and do not affect the interpretation of these terms

9.5 Law and Jurisdiction
This Agreement is governed by the law in force in New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.

9.6 Time
Time estimates are provided as guidelines and do not constitute an essential term of the agreement between Astro Visual and the customer.

10. Acceptance of Terms & Conditions

10.1 By engaging Astro Visual to produce any product(s), the customer is agreeing to all the above terms and conditions unconditionally.

HOW THE ORDER PROCESS WORKS

Minimum Order Quantity (MOQ)

MOQ varies depending on quantity/ colour /style /gender.
MOQ is 1 unit for each jersey, or knick/shorts per style/length/gender/adult/child.
Most other products are MOQ of 5 or 10 units per colour/style/length/adult/child.
As an example, this means 10x XC jerseys plus 10x MTB jerseys does not add up to 20 units and each would be priced at the 10-19 price. Similarly, if you ordered 10x MTB jerseys short sleeve and 10x MTB jerseys long sleeve, we can not price them at 20-49 units. They would be priced at the 10-19 price due to the different artwork and printing set up required for each style.

Step 1 – Contact and Design

You contact us and we come up with 1 or more concepts we think will suit your needs/style. If you have a logo already then we can work from that to create a design complementary to your existing logo. If you have any specific ideas you want for your design, simply let us know. Artwork for any logos you want included need to be provided in an editable vector format (usually .ai, .pdf or .eps) or we’ll need to try to recreate the artwork if it’s in jpg, png or another non-editable file type. Artwork charges are currently included free as long as we don’t have to spend too much time recreating non editable artwork for logos.

Step 2 – Finalising Design

We make any adjustments or redesigning necessary to please the client and provide an image and size chart(s) so the client can garnish any individual’s orders within their club/group. All original design elements remain the copyright of Astro Visual.

Step 3 – Client Order

Client sends in order of quantities and sizes required.

Step 4a – Invoice and Artwork Prep

We begin the process of preparing the artwork and template for the manufacture of the product. We send out an invoice and sign-off sheet is also given to the client to respond to before manufacture goes ahead.

Step 4b – Colour Confirmation (optional)

If the client wishes or needs to see the colours in person prior to the order being manufactured, we offer a colour confirmation whereby a sample ‘flat print’ is created and express posted to the client for approval and return (express bag included) to us. The cost for this confirmation is $79 and adds a week or so to the overall process. See Note 2 below for more info.

Step 5 – Manufacture

Once the client has paid the invoice (and payment have arrived in our system) and responded to the sign-off sheet, the order is sent to the manufacturer.

Step 6 – Dispatch

After the order is manufactured we check the order for accuracy and it is dispatched to the address you have nominated. A tracking number is emailed to you.

Step 7 – Delivery

Client receives their order and is so pleased they tell and show everybody they know about Astro Visual and look absolutely fabulous whilst doing so.

Note 1: Lead times vary depending on availability of vector logos etc, manufacture workload, complexity of design, communication and other unforeseen factors. As a rule of thumb, we shoot for around 4 – 6 weeks for delivery to client after the order is placed and paid for according to Step 5.
Note 2: Colours viewed on our monitors are likely to differ from how the colours display on the client’s monitor. A colour matched to a monitor may not appear the same on a printed, fabric garment. Fabric printing inks can vary in colour depending on fabrics and machines used for different fabrics. Even Pantone colours viewed printed on card do not accurately reproduce on fabric.
Note 3: Currently we only supply to Australian addresses.

 

 

Disclaimer

Astro Visual wishes to emphasise that in accepting services, customers indemnify Astro Visual for the violation of any law or Astro Visual policy, that results in loss to Astro Visual or the bringing of any claim against Astro Visual and any of it’s employees, proprietors or directors. This means that if Astro Visual or any of it’s employees, proprietors or directors are sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Astro Visual and any of it’s employees, proprietors or directors, plus costs and reasonable attorney’s fees.

Complaints and Enquiries

If you have any queries or complaints, please contact us at:

Ph: 0421274073 or Email: avteam