GENERAL & DISCLAIMERS
1. Eco Promotions is a division of Ecopaper Pty Ltd, ABN 74003815165. All references in the Terms and Conditions to ‘Eco Promotions’ is as a division of the legal entity Ecopaper Pty Ltd. The law applying to these Terms & Conditions is the law of New South Wales, Australia.
2. Eco Promotions reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
3. Eco Promotions may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Eco promotions makes no commitment to update the materials on the Site with respect to such products and services.
4. Information provided on this Site is supplied in good faith, and is substantially or partly sourced from unrelated suppliers or third parties. No liability is accepted for errors or omissions in the information on the Site, nor for the results of any actions taken on the basis of the information supplied.
ORDERS, FULLFILLMENT & WARRANTIES
5. All orders placed by the Customer, now and/or in the future are bound by these Terms and Conditions provided that Eco Promotions may change these Terms and Conditions as they relate to orders at any time by posting on our website.
6. Prior to placing an order, Eco Promotions shall usually provide a quotation for the customer for the supply of the requested goods.
7. The Customer should take great care to ensure that they are ordering the correct product, size, type, quantity, branding etc. as this is solely their responsibility.
8. The Customer acknowledges that:
a. Products or services advertised on Eco Promotions' website, catalogues and/or other promotional material may become unavailable, out of stock or be discontinued lines, or be subject to changes (eg of style or colour) from time to time. Eco Promotions does not guarantee that all products are in stock or available at the time of order, or that, if the product is available, it is exactly identical to the advertised product.
b. While all effort is made to match PMS colours it is not always possible to match PMS colours exactly due to differing branding/printing processes and techniques and different product material.
c. It is not always possible to deliver exact quantities of product ordered due to availability, quality control and time constraints and Eco Promotions reserves the right to supply quantities plus or minus 3% of quantity of any product ordered and the price payable by the Customer shall be adjusted accordingly.
d. Additional costs/charges will apply to "rush orders".
9. Orders cannot be cancelled except upon terms which compensate Eco Promotions for all work done and costs incurred by Eco Promotions to complete the order to the date of cancellation.
10. Orders cannot be amended except upon terms as stated by Eco Promotions which will include payment for any additional work or expense caused by reason of such amendment.
11. Goods may be returned if faulty. The Customer must inspect the goods supplied by Eco Promotions within 10 days of delivery and any claims must be made in writing within that period, and no claim shall be made by the Customer outside that period.
12. Unless expressly set out herein, all implied warranties and conditions in relation to any supply by Eco Promotions are expressly excluded (unless such warranties cannot at law be excluded). However, Eco Promotions shall, if reasonably possible, pass on to the Customer the benefit of any manufacturers' warranties.
13. To the fullest extent permitted by law, except as provided herein, Eco Promotions shall not be liable to the Customer for any loss or damage (direct or consequential) of any kind arising out of the supply of goods and services. Liability for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act, 1974 is hereby limited to:
* In the case of good, any one or more of the following:
o The replacement of the good or the supply of equivalent goods
o The payment of the costs of replacing the goods or of acquiring equivalent goods
* In the case of services:
o The supplying of the services again
o The payment of the cost of having the services supplied again
14. Eco Promotions will not be liable for any loss, damage or expense suffered or incurred by the Customer where such loss is occasioned by cause beyond Eco Promotions' reasonable control & delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply goods or product, natural disasters, acts of God.
ARTWORK
15. Artwork is to be supplied by the Customer in a form as advised by Eco Promotions. Eco Promotions also provides a service for the creation of artwork from customer files or information for printing on most small promotional products.
16. Eco Promotions will provide a PDF positional layout for customer approval prior to production. It is the customer’s responsibility to ensure that the layout is accurate and meets their requirements.
PAYMENT TERMS & FREIGHT
17. Eco Promotions requires payment at the time of order unless other arrangements are made in writing between Eco Promotions and the Customer which may include the Customer Satisfactorily completing a Credit Application Form and having a satisfactory credit rating and on such other terms as Eco Promotions may from time to time specify.
18. Eco Promotions may suspend or cancel any order if the Customer is in breach of payment terms.
19. In the event of payment by credit card (Visa, Mastercard) merchants fees may be charged to the Customer : 1% at this time, and subject to change without notice.
20. Freight and/or handling charges apply to all deliveries and are payable by the Customer. Freight is arranged by Eco Promotions on behalf of the customer.
21. Risk in the goods passes to the customer upon dispatch but title only passes once payment has been received in full.
WEBSITE USE
22. All text, graphics, user interfaces, visual interfaces, trademarks, logos, sounds, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.
23. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Eco Promotions’s express prior written consent.
