CATEGORY

Terms & Conditions - Creative Promotions


It is important that both creativepromotions.com.au (the company) and you, (the customer) agree on the terms on which business is to be transacted. These terms govern what your rights are and your use of this website constitutes your acceptance of these terms and conditions. These terms and conditions are current for trading with the company at the time of issue however the terms and conditions may vary from time to time and we suggest you check for these changes regularly. 


USE OF THIS WEBSITE

You, the customer, agree to; use this website subject to and in accordance with these terms and conditions; use this website for proper and lawful purposes; be responsible for your actions in the use of this website and you agree that you will not use this website in any manner which may infringe upon the lawful rights of others; agree not to transmit, post or submit any information on or via this website that is obscene, defamatory, illegal, harmful or designed to incite racial or religious hatred tension or harm to others whether they are users of this website or not; agree not to try to change, amend, alter or in any way interfere with the operations or functions of this website; agree not to try to gain unauthorized access to restricted areas of this website by deception or any other means; agree that the entire contents of this website are owned by creativepromotions.com.au or Creative Promotions Pty Ltd and that you will not take, copy, use or download any of the contents without the prior express written permission of the owners.


1.    INTERPRETATION
In these conditions unless the contrary condition appears;

Additional Charges means and includes all delivery, handling and storage charges, artwork charges, goods and services tax (GST), stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the customer to the company arising out of the sale of the goods.

Artwork means any artwork, drawings, graphs, artists impressions, images, concepts, photographs, renderings, designs, trade marks, written materials, software programs, or electronic files, used or supplied by the company to the customer in providing the goods, which are not licensed or purchased from a third party supplier by the company.

Colour means the number, code or letter that matches the Pantone Matching System (PMS) that is the industry recognized colour code matching system in use. 

Confidential Information means all formulations, manufacturing processes, operating procedures, technical data, financial information, marketing information, pricing information and other information relating to the business of the company which are indicated by the company to be confidential and are not of the public domain. Confidential information shall include information entered by the customer on this website.

Copyright
means all information, images, logos, layout, drawings, text, content and or unique method of display to be found in this website.

Customer
means the person or entity to or for whom the goods are to be supplied by the company.
Goods means the goods sold to the customer by the company and means any services provided to the customer by the company.

The Company
means creativepromotions.com.au and or Creative Promotions Pty Ltd, ABN 14 057 222 278.
Intellectual Property means all forms of intellectual property including, without limitation, patents or rights to apply for patents for inventions, copyright, including copyright in computer programs, circuit layout rights, confidential information, registered designs and trade marks.

Purchase Price means the list price for the goods as charged by the company at the date of delivery or such other price as may be agreed by the company and the customer prior to delivery of the goods.

Trademark
means any mark that is unique to and or owned by the company. All other trade marks are the property of their respective owners.


2.    ORDER FOR THE GOODS

2.1
An order for goods given to the company is binding on both the company and the customer once it is received into the company’s website. 

2.2 An acceptance of the order by the company will be communicated to the customer electronically and on that occurrence such order is binding on both parties.

2.3 An order which has been accepted in whole or in part by the company cannot be cancelled by the customer without obtaining the prior written approval of the company, which written approval it may refuse at its absolute discretion.

2.4 The minimum quantity ordered for any item found on this website is 25. The minimum quantity ordered cannot be made up of a combination of goods. Please call us should you wish to discuss changing the minimum order quantity. 

2.5 The company makes no warranty that certain goods purchased by you conform to or are any in any way compliant with the current Medicines Australia Code of Conduct and the company accepts no liability for such choice of purchase.


3.    COLOUR

The colour of the goods as seen on your computer monitor may not accurately reflect the actual colour of the product you have selected. We encourage you to use the Pantone Colour Matching System (PMS) in order to get the precise colour you require. PMS colour is the reference system used for the printing industry and many of the decoration processes used can only recognize the PMS colour standard.


4.    CANCELLATION

Your order is custom made to your requirements and specifications and when decorated with your logo these products are only of use to you. Should you cancel your order, you will incur ALL production costs incurred in the production of your order. Production costs include the costs to the company in supplying finished artwork. 


5.    WARRANTIES

The liability of the Company in respect of a breach of a Prescribed Term or any warranty made under these terms and conditions is limited to the extent permissible by law and at the option of the company to:

5.1 the replacement of the goods

5.2 the payment of the cost of replacing the goods; or

5.3 a refund of the purchase price paid by the customer.
Any claims to be made against the company for short delivery of goods must be lodged with the company within 14 days of the delivery date.


6.    DELIVERY

6.1
The times quoted for delivery are estimates only and the company accepts no liability for failure or delay in delivery of goods. The customer is not relived of any obligation to accept the goods by reason of any delay in delivery.

6.2 Should you have a specific delivery date by which you require the goods, you are required to make this date clear to us in the field marked “special instructions”.

6.3 Return of goods will not be accepted by the company except by prior agreement in writing with the company. Only un-decorated goods fall into this category and such un-decorated returned goods will be will be subject to a restocking charge of 15% of the purchase price of the goods plus any freight costs incurred by the company.

6.4 Delivery dates as specified in our communications to you are estimates only but are governed by clause 7 as noted hereunder.  


7.     PRICE AND PAYMENT

The customer must pay the purchase price and the additional charges to the company prior to the goods being dispatched to the customer.

7.1 Unless otherwise stated all prices quoted on this website are in Australian Dollars. If you are paying via direct deposit, our bank details are:

       Bank: National Australia Bank Ltd; BSB Number: 082 140; Account Number: 16064 4454; Account Name: Creative Promotions Pty Ltd.

7.2 We accept credit cards from AMEX, MasterCard and VISA. However we note that a credit card surcharge of 3.0% will apply to American Express and 2.0% will apply to MasterCard and or VISA.


8.    INSURANCE

The risk pertaining to the goods is carried by the company until dispatch of such goods to the customer. All liability and risk passes to the customer at the point of dispatch of the goods by the company.

8.1 Should the customer instruct the company to store, hold or keep the goods or store, hold or keep any portion of the goods at any of the company’s storage facilities, all liability and risk attaching to those goods must be covered by the customer’s insurance policy(s).

8.2 The customer agrees that it will hold a current Public and Products Liability insurance policy to the value of $20,000,000.00 in force as well as any other policy of insurance it may require for the protection of its goods and for the protection of the company for the entire duration of the time that the goods or portions thereof remain in any storage facility of the company.   


9.    INTELLECTUAL PROPERTY

9.1
The company may supply artwork to the customer in the supply of the goods. Artwork is supplied by the company strictly on the basis that the company retains full ownership of all intellectual property rights in all artwork.

9.2
The customer must not give, distribute, modify, sublicense, enhance, reverse engineer or re-sell the artwork, or use or incorporate the artwork in any other artwork without the prior written consent of the company.

9.3
The customer acknowledges and agrees that all intellectual property rights in the artwork are the property of the company.

9.4
The company may supply specific information in hard copy or electronic form to the customer. The customer acknowledges and agrees that such information remains the property of the company and agrees that it or any of its representatives will not give, distribute, modify, sublicense, enhance, reverse engineer or re-sell the information to any competitor of the company, or any other company, business or private entity for any reason, or use or incorporate the information in any other information, without the prior written consent of the company.


10.  GOODS AND SERVICES TAX

Goods and Services Tax (GST) will be shown separately in the tax invoice for the sale of the goods. The amount of GST payable in respect of the supply of the goods is payable by the customer. The customer must indemnify the company in respect of GST paid and payable by the company for the supply of the goods.


11. FORCE MAJURE

Contracts and deliveries may be suspended in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civil disturbance, war or legislation. The inability to procure necessary materials or articles due to any of the foregoing causes, or any other occurrence preventing or retarding performance of the company or delivery of work or supply of goods shall not attach responsibility to the company for any delay, default, loss or damage due to any of the above causes or to any other cause beyond the control of the company.


12.   GENERAL

These terms and conditions are to be construed in accordance with the laws from time to time in the state of New South Wales and The Commonwealth of Australia. These standard trading conditions contain all of the terms and conditions of the contract between the parties and may be varied by the company in writing from time to time. No waiver of any of these terms and conditions or failure to exercise a right or remedy by the company will be considered to imply or constitute a further waiver by the company of the same or any other term, condition, right or remedy. The company has compiled this website in good faith, but makes no representation as the accuracy and or completeness of the information contained herein. The company is not liable or responsible for any information or services which appear on any linked website.

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