Terms of service
Welcome to XCLUSIV® Decals.
These Terms of Service (“Terms”) apply when you access or use our website, purchase our products or otherwise use our services.
Throughout these Terms, “XCLUSIV®”, “Xclusiv Decals”, “we”, “us” and “our” refer to Xclusiv Decals. Our online store is powered by Shopify, which enables us to provide our website and online shopping services.
By using our website or placing an order with us, you agree to these Terms together with any policies referenced below.
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.
Access & Account Information
You must provide complete and accurate information when placing an order, including your contact details, delivery address and payment information.
If you create an account, you are responsible for keeping your account credentials secure and for activity carried out through your account.
You must not use our website or services for any unlawful or unauthorised purpose.
Our Products
We make reasonable efforts to accurately display and describe our products, including their colours, sizing and appearance.
However, colours and appearance may vary slightly depending on your device, screen settings, lighting and the physical characteristics of the vinyl or material.
Product images, vehicle mock-ups and placement examples are provided for illustrative purposes and may not represent exact scale, colour or positioning.
Product availability may change and we may update, discontinue or limit quantities of products where reasonably required.
Orders
When you place an order, you are making an offer to purchase the products in your order.
We reserve the right to decline or cancel an order where reasonably necessary, including where:
- A product or material is unavailable;
- There is an error in pricing, product information or availability;
- We reasonably suspect fraudulent or unauthorised activity;
- A custom request cannot reasonably be produced;
- A custom request may infringe intellectual property rights;
- A custom request contains content we reasonably decline to produce under our Custom Order Policy; or
- We are otherwise unable to fulfil the order.
If we cancel an order before fulfilment, we'll contact you and provide an appropriate refund for any amount paid for products we are unable to supply.
Custom orders may be subject to additional requirements regarding design approval, revisions, production and cancellation. Please see our Custom Order Policy.
Custom Orders
Custom decals and personalised products are made specifically according to the information and selections provided by the customer.
Customers are responsible for checking custom wording, spelling, sizing, colour, font and other information submitted with an order.
Changes cannot be guaranteed once design work or production has commenced.
Where a design proof is provided, customers are responsible for reviewing it carefully before approval. Once approved, the design may proceed to production.
Custom-made products are generally not eligible for change-of-mind returns. This does not affect any rights or remedies available under the Australian Consumer Law.
Full details regarding custom orders, revisions, approvals, cancellations, customer-supplied content and special-order materials are available in our Custom Order Policy.
Customer-Supplied Content & Intellectual Property
If you provide us with wording, artwork, logos, names, graphics or other material for reproduction, you are responsible for ensuring that you have the necessary rights or permission to use and reproduce that material.
Submitting artwork, wording or a design does not guarantee that we will produce it.
We may decline requests involving third-party trademarks, logos, copyrighted artwork or other intellectual property where appropriate permission has not been provided or where we otherwise have reasonable concerns regarding its use.
Where appropriate, we may offer to create an original alternative rather than reproduce another party's protected branding or artwork.
XCLUSIV® Intellectual Property
XCLUSIV® is a registered Australian trade mark.
Unless otherwise stated, the XCLUSIV® name, logos, branding, original artwork, graphics, website content, product designs and other brand assets are owned by or licensed to Xclusiv Decals and are protected by applicable intellectual property laws.
You may not reproduce, copy, modify, distribute, sell, commercially exploit or use our trademarks, logos, original artwork or other protected brand assets without our prior permission, except where permitted by law.
The XCLUSIV® name, logos and other XCLUSIV® branding may not be incorporated into a custom order without our prior approval.
Custom orders containing “XCLUSIV”, “XCLUSIVE” or wording or designs that could reasonably be mistaken for official XCLUSIV® branding may be declined or require our approval before production.
Purchasing an XCLUSIV® product does not grant permission to reproduce, manufacture or commercially use our trademarks, artwork or branding.
Custom Wording & Content
Customers are responsible for the wording and content they submit and how the finished product is ultimately used or displayed.
We reserve the right to decline custom wording, artwork or design requests that we reasonably consider inappropriate for production, including content involving:
- Threats, harassment or discriminatory abuse;
- Promotion of violence or unlawful activity;
- Content that may infringe another person's intellectual property rights; or
- Other excessively offensive, hateful, illegal or otherwise inappropriate material.
Where we decline a custom request before production, we'll contact you to discuss an alternative where appropriate or arrange a refund for the affected custom product.
Further information is available in our Custom Order Policy.
Pricing & Payment
All prices displayed on our Australian store are in Australian dollars (AUD) unless otherwise stated.
Prices, promotions and product availability may change from time to time. Any changes will not affect orders already accepted, except where an obvious pricing or technical error has occurred and we contact you before fulfilment.
Available payment methods are displayed at checkout and may include services provided by third parties such as Shopify Payments, PayPal or Afterpay.
By placing an order, you confirm that you are authorised to use the selected payment method and that the payment information you provide is accurate.
Payment providers may apply their own separate terms and conditions.
Processing & Dispatch
Orders are prepared and dispatched from Melbourne, Victoria.
Most standard orders are generally prepared and dispatched within the timeframe stated in our Shipping & Delivery Policy.
Custom products, design approvals and special-order colours or materials may require additional processing time.
Production and dispatch timeframes are separate from Australia Post delivery estimates.
Please see our Shipping & Delivery Policy for current information regarding processing, tracking and delivery.
Shipping & Delivery
Orders are generally shipped using Australia Post unless otherwise stated.
Delivery timeframes are estimates and may be affected by carrier delays, public holidays, weather, peak periods or circumstances outside our reasonable control.
Customers are responsible for providing a complete and accurate delivery address.
If an incorrect or incomplete address is supplied, please contact us as soon as possible. We will do our best to update the address before dispatch, but changes cannot be guaranteed once an order has been shipped.
Where an order is returned to us because of an incorrect or incomplete address provided by the customer, additional shipping costs may apply if the order needs to be resent.
If an order is delayed, missing, damaged in transit or marked as delivered but cannot be located, please contact us and we'll assist with the appropriate next steps.
Further information is available in our Shipping & Delivery Policy.
Returns, Refunds & Product Issues
Change-of-mind returns, refunds, faulty products, damaged products and installation-related issues are handled in accordance with our Refund & Returns Policy.
If your product arrives damaged, faulty, defective, incorrect or materially different from what you ordered, please contact us as soon as possible with your order number and clear photos where appropriate.
We may request additional information or photographs to help us assess what has occurred.
Nothing in our returns process limits any rights or remedies available to you under the Australian Consumer Law.
Decal Installation
Correct surface preparation and installation are important for vinyl decals to perform as intended.
Customers should follow our Decal Installation Guide before applying a decal.
Issues caused by incorrect installation, unsuitable surfaces, insufficient surface preparation, environmental conditions during installation, repeated repositioning or mishandling are not considered product faults.
This does not affect your rights where a product itself fails to meet a consumer guarantee under the Australian Consumer Law.
Vehicle Decal Use & Compliance
Laws and regulations relating to vehicle decals, including their size and placement on windows, windscreens and other areas of a vehicle, may vary between Australian states and territories.
Customers are responsible for ensuring that the placement and use of a decal complies with applicable laws and regulations, including requirements relating to driver visibility and road safety.
Unless expressly stated otherwise, XCLUSIV® does not represent that a particular decal size or placement will comply with the requirements applicable to every vehicle or jurisdiction.
If you're unsure whether a particular placement is permitted, we recommend checking the requirements applicable in your state or territory before installation.
Prohibited Use
You must not use our website or services to:
- Engage in unlawful or fraudulent activity;
- Infringe another person's intellectual property or other legal rights;
- Attempt to interfere with the security or operation of our website;
- Introduce malicious code or other harmful material;
- Collect or misuse information about other users;
- Send unsolicited or abusive communications through our services; or
- Harass, threaten or abuse our team or other users.
Where reasonably necessary to protect our business, website, team or customers, we may restrict or terminate access to our services or decline future orders.
Any existing paid order will still be dealt with in accordance with these Terms, our applicable policies and Australian law.
Third-Party Services & Links
Our website may contain links to third-party websites or use third-party services, including payment, delivery and ecommerce providers.
Third-party websites and services may be subject to their own terms and privacy practices.
We are not responsible for the content or operation of third-party websites that we do not control.
Nothing in this section limits any responsibility that cannot lawfully be excluded.
Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
Nothing in these Terms or any other XCLUSIV® policy excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
Depending on the circumstances and applicable law, consumers may be entitled to a repair, replacement, refund or compensation where a product fails to meet a consumer guarantee.
Our voluntary policies, including our change-of-mind return policy, operate in addition to these statutory rights.
Liability
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability arising under applicable consumer guarantees.
To the extent permitted by law, Xclusiv Decals will not be liable for loss or damage caused by:
- Misuse or unintended use of a product;
- Incorrect installation or unsuitable application surfaces;
- Failure to follow installation or product instructions;
- Unauthorised modification of a product; or
- Circumstances outside our reasonable control,
to the extent that the loss or damage was caused by those circumstances.
Nothing in this section limits any right to compensation or other remedy available under the Australian Consumer Law.
Events Outside Our Reasonable Control
We will not be responsible for delays caused by circumstances outside our reasonable control, such as severe weather, natural disasters, transport disruptions, postal network disruptions, industrial action or significant supplier disruptions.
If such circumstances materially affect our ability to fulfil an order, we'll take reasonable steps to communicate with affected customers and determine an appropriate way forward.
Nothing in this section limits rights that cannot lawfully be excluded.
Changes to These Terms
We may update these Terms from time to time to reflect changes to our business, website, policies or applicable requirements.
Updated Terms will be published on our website.
Changes will apply from the date the updated Terms are published and will not retrospectively change the terms applicable to an order already placed, except where required by law or agreed with you.
Governing Law
These Terms are governed by the laws of Victoria, Australia.
Nothing in this section limits any rights you may have under applicable Australian consumer protection laws.
Contact Us
If you have questions about these Terms, an order or one of our policies, please contact us through our Contact page.
XCLUSIV® Decals
Melbourne, Victoria, Australia
ABN 81 823 683 152