Terms of Sale

These are the Terms and Conditions of J.A GUY & J.M REVILL trading as Moments Etched in Time (ABN 43 983 218 303) ("Moments Etched in Time", "we", "us") on our website located at www.momentsetchedintime.com.au, which is owned and operated by us (Website). These Terms and Conditions also incorporate our Terms of Use and Privacy Policy, all of which can be found on our Website.

Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re confirming that you’ve read, understood and agreed to these conditions and those in our Terms of Use and Privacy Policy. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.

  1. eCommerce
  2. While we take every care to make sure our online store is accurate and up to date, we’re only human, and from time to time, mistakes may occur (for example, a pricing error or stock availability issue).

    Please note that when you submit an order through the Website, no agreement is formed until we accept your order. Upon order submission, we will send you an order confirmation by email, detailing the products you have ordered. Our acceptance of an order takes place when we dispatch the order or notify you it is ready for pick-up. If there’s been an error leading to your order (such as pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.

  3. Personalised Design Approval
  4. Before you add your personalised gifts to the cart, you need to select the status of your personalisation. If you indicate that your personalisation is 'Ready to Make', this signifies that you have completed your design, have spell-checked all elements, and that no further changes are needed. This selection is your confirmation for us to proceed with production, and as such, no design proofs will be sent, and refunds for design errors will not be possible.

    If you choose 'Work in Progress' as your personalisation status, it tells us you need help finalising your masterpiece. We will assist you in perfecting your design and provide a mock-up for your approval. Your order will only be made after you give us the thumbs-up on the final design. Please review the mock-up thoroughly, as approval confirms that you are happy with the design, and any errors post-approval will not be eligible for a refund.

  5. Product Images and Colour
  6. All product designs depicted on our Website, social media and other marketing material are computer generated for illustration purposes unless otherwise stated. The nature of laser engraving is that you will see the material underneath the engraved area and the engraving colour and consistency will vary on the item (for example, a light portion of a wood product will laser differently to a darker section on the same piece).

    Colour variance between our product images and what you receive can occur and be caused by the material (for example, wood grain, slate contours and leatherette texture) or colour representation on your computer or device screen.

    If exact colour accuracy and consistency is important to you, your order is placed at your own risk.

  7. Design and Image Quality
  8. We do not make any claims or representations about the expected quality of lasered designs for text or images because the result varies between material and each piece. The quality of images you upload matters. By uploading poor quality or low-resolution images, we can’t be held responsible for the final result of the product. Any images you choose to upload are done so at your own risk.

    We reserve the right to brand our personalised products. When we brand our products, we endeavour to place the branding in a location that does not detract from the main portion of your design (for example, on the backside, bottom or inside the back cover of products).

  9. Order Cancellation
  10. You can contact us to cancel an order and seek a refund until the order has been processed. Once an order has been processed, it can no longer be cancelled because it can be picked up for production at any time. Sometimes, the time between order processing and productions is only minutes, so your order status on our Website may not be current. We recommend sending an email to sales@momentsetchedintime.com.au as soon as possible and follow it up with a phone call to confirm we have received your cancellation request.

  11. Pricing and Payment
  12. All prices include Australian Goods and Services Tax (GST). While we do not generally accept orders from outside of Australia, it is at our sole discretion to do so, in which case prices will exclude GST and GST will not be charged.

    You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice and that such notice is given by us posting the updated price on our Website.

    You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a payment request is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.

    If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.

    We currently accept payments by PayPal.

    In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor or credit provider (such as PayPal, AfterPay or ZipPay), which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly.

  13. Discounts and Coupon Codes
  14. We may offer discounts or coupon codes from time to time.

    Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both).

    Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).

    Unless we specify otherwise in our offer, discounts and coupon codes are available on full-priced goods only.

    Coupon codes are non-transferable and are not redeemable for cash under any circumstances.

    We reserve the right to revoke any discount offer or coupon code at any time without notice.

  15. Store Credit
  16. We may issue you with store credit in accordance with this agreement, or otherwise within our absolute discretion. If we do so, the grant of store credit is subject to the terms of this agreement.

    Store credit is redeemable for products sold by us on our Website only and can’t be applied to postage on an order.

    You’ll need an account on our Website to receive and redeem store credit. If you don’t already have an account on the Website, you’ll need to create one prior to store credit being provided.

    Store credit can be redeemed for twelve (12) months from the date of issue and will expire after this date. It’ll then be unable to be redeemed, replaced or refunded.

    Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.

  17. Gift Vouchers
  18. We sell gift vouchers on our Website. The gift voucher will be delivered by email to the address you supplied in the gift voucher details and may be redeemed on our Website.

    It is your sole responsibility as the purchaser to ensure that the voucher is stored securely and given only to the intended recipient. Vouchers will not be replaced or duplicated if the voucher is lost or redeemed by a person other than the intended recipient.

    Unless those vouchers are expressed to be subject to other terms and conditions, these conditions apply.

    Vouchers can be redeemed for three (3) years from the date of purchase and will expire after this date unless:

    • you are located outside Australia;
    • we gave the voucher to you for free;
    • we gave the voucher to you in exchange for an order we could not fulfil;
    • we gave the voucher to you as part of a customer loyalty or employee rewards program;
    • we gave the voucher to you as part of a marketing promotion;
    • we gave the voucher to you as part of a fundraising appeal, including to a charity or not for profit organisation.

    in which case the voucher can be redeemed for twelve (12) months from the date of purchase or the date set out on the voucher and will expire after that date.

    Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.

  19. Order Lead Time and Production
  20. We endeavour to process orders within 1 business day of receipt of payment. Once an order is processed, it will go into the laser preparation and production queue. The lead time before production commences varies based on our workload at the time. Please see our Website for our current lead time.

    Each order contains different products, designs and quantities, so there is no one size fits all for production times. For small orders of only a few items to laser, production is usually completed the same day it commences. For larger orders, please contact us because we provide production time estimates on a case-by-case basis.

  21. Postage and delivery
  22. We post products within Australia only, unless we have agreed to fulfil an overseas order. We use delivery service providers, such as Australia Post, to help us get our products to you.

    1. Rates
    2. You agree to pay us postage fees as calculated at checkout.

      As you know, technology is great, but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).

      Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice and that such notice is given by posting the updated postage fees on the Website.

    3. Dispatch Timeframes
    4. Once production is complete (or the processing is complete for stocked items), we’ll do our best to dispatch orders on the same business day or the next business day.

      We ask for your patience as lead time and production period may vary, for example, if we have a high volume of orders.

      You acknowledge that we’re not liable for any delay in dispatch of your order.

    5. Delivery Timeframes
    6. Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery; however, this is largely dependent on the delivery service provider.

    7. Delivery Address
    8. It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current and accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund, less the original postage fee, in accordance with this agreement.

      For orders paid via a PayPal account, we ship to the address supplied by PayPal. It’s your responsibility to ensure PayPal has your correct and current address prior to making payment and submitting your order. Under no circumstances will we ship an item to an address different to the one supplied by PayPal.

    9. Orders Lost or Damaged in Transit
    10. Shipping WITHOUT Extra Cover for Loss or Damage

      If you opt to have your order shipped without signature on delivery and extra cover for loss or damage:

      • there will be no delivery tracking available; and
      • we do not accept any responsibility once your order has been dispatched.

      We strongly recommend you select a shipping option with cover for loss and damage.

      Shipping WITH Extra Cover for Loss or Damage

      If you opt to have your order shipped with signature on delivery and extra cover for loss or damage, we will give you a tracking code, upon dispatch, for you to track the progress of your delivery.

      If your order arrives damaged or you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation unless otherwise required by law.

      Please keep in mind that many delivery service providers will not open an investigation until an item is a certain number of days late. We will advise you of the relevant criteria if you contact us about a missing item.

    11. Risk
    12. When your order is dispatched requiring a signature on delivery, risk in each order passes to you on delivery to your nominated address. You must sign for your delivery unless you’ve given authority to leave unattended. If you’ve authorised our agents or us to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.

      When your order is dispatched without requiring a signature on delivery, risk in each order passes to you once the order is dispatched. Dispatch is taken to have occurred when we drop-off your order with our one of our delivery service providers or your order is picked up by one of our delivery service providers.

      If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.

  23. Marketing
  24. When you place an order, we'll automatically sign you up for our email newsletter - your gateway to all things exclusive and personalised. But we get it. Sometimes, less is more. If you wish to unsubscribe, you can do so at any moment, no strings attached.

  25. Events beyond our control
  26. As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete you order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

  27. Advice and information
  28. We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional or medical advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website unless otherwise required by law.

  29. Australian Consumer Law
  30. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

    Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law. However, we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.

    Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:

    • replacement of the product;
    • repair of the product;
    • payment of the cost of having the product repaired; or
    • such other fair and reasonable remedy as we are ready and willing to provide.

    We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.

    If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind.

    To make an ACL-related claim, please contact us on at sales@momentsetchedintime.com.au.

  31. Refund Procedure
  32. If your goods are damaged or defective in any way on delivery, please contact us at sales@momentsetchedintime.com.au or submit a return request as soon as possible so that we can investigate the matter and arrange a suitable remedy, such as return, exchange or refund.

    Please note that you are required to inform us of any fault with the goods in the period from delivery until the fault or problem would reasonably be expected to appear. Based on the nature of our products, we estimate this period to be approximately 7 days.

  33. Intellectual property
  34. You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.

  35. Dispute resolution
  36. If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance. We will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in New South Wales unless we agree on an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation, and the mediator must do so.

    Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course, we’re seeking interlocutory relief).

  37. Variation
  38. We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.

  39. Severance
  40. If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

  41. Termination
  42. We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.

  43. Jurisdiction
  44. As we are based in New South Wales, these terms will be governed by the laws of New South Wales. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales and courts of appeal from them.

This document was last updated: 9 November 2023