In these Sale Terms & Conditions (Sale Terms), “we” or “us” means Pembroke Chandler
Pty Ltd trading as Custom Printed Bags and Boxes (ABN 86 159 769 061), its successors and assignees. “You” means the person, organisation or entity that purchases products or related services from us. The Sale Terms apply to all sales made by us to consumers directly or through our website
Sale Terms form the agreement under which we will supply products and services to you. Please read these Sale Terms carefully. Please contact us if you have any questions, before you purchase any products or related services from us. You can contact us at [email protected].
Your purchase from us indicates that you have had sufficient opportunity to access the Sale Terms and contact us, that you have read, accepted and will comply with the Sale Terms, and that you are eighteen (18) years or older. You must not order products or services from us if you are under eighteen (18) years of age. If you do not agree to the Sale Terms, do not purchase from us.
1. Orders and Quotes:
(a) You may order with us directly via email or as set out on the Site. We may at our discretion accept or reject an order depending on factors including availability of products and our ability to validate payment for the products.
(b) When you place your order, you will be required to provide us with details, including any designs, artwork and materials (Design Information),
to be used in the creation of your product. It is your responsibility to confirm all the Design Information that you have provided before confirming your order.
(c) We will provide you with a quote which contains your Design Information, price and other relevant information (Quote) to create your customised bag or box (Custom Product). Quotes are only valid for fourteen (14) days and payment must be made within the fourteen (14) days.
(d) You must advise us if:
i. you expect the Custom Products to fit a particular item; or
ii. you require the Custom Products before a certain date.
(e) A binding agreement comes into existence between you and us, once you confirm the Quote and make payment. No changes to the Sale Terms will be effective unless we both agree to the changes in writing.
(f) As each product is custom-made based on the Design Information and agreed Quote, you may not cancel your order once you have made payment.
(g) The Design Information that is provided on the Quote will be conclusive proof of your instructions.
(a) You agree to pay the price specified on the Quote (Price) at the time that you confirm the Quote. The Price includes any applicable delivery and any insurance charges. All amounts are stated in Australian dollars. All prices are exclusive of Australian GST.
(b) Once you confirm the Quote, we will issue a valid tax invoice (Invoice) to you. We will not commence work until we receive full payment of the Invoice, unless otherwise agreed in writing.
(c) You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment cannot be successfully processed then your order may be cancelled.
(d) In the event that we have agreed to receive a deposit from you, instead of full payment, the balance of the Invoice (Final Payment) is due within seven (7) days of you receiving the custom product.
(e) If Final Payment is not made within seven (7) days:
i. we may charge interest at the rate of 2% per month on any unpaid amount after the seven (7) days; and
ii. we have the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.
3. Availability and Cancellation:
(a) All purchases made with us are subject to availability of third party suppliers. If a material or design required to create your Custom Product is not available, we will contact you via email to make new arrangements.
(b) If there is a considerable delay in dispatching your order, or if for any reason, we cannot supply a Custom Product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund or to put your order on backorder as agreed with you.
(c) If certain materials are out of stock or discontinued, we may from time to time substitute a material with another material of similar appearance, value and size. Where an item is substantially different, we will contact you (generally via email) to obtain your permission to substitute the item or make new arrangements.
(d) You acknowledge and agree that we will not accept any responsibility nor liability for any loss or damage suffered, directly or indirectly, caused by any materials or designs which you requested, being unavailable, out of stock or discontinued.
(e) We reserve the right to terminate any order we deem offensive. This includes, but is not limited to, any racist, sexist, pornographic or discriminatory designs. In the event of any such cancellation we will provide you with notice and a full refund minus any reasonable costs which we incurred.
(a) Location: We will deliver the Custom Product to the place of delivery specified on the Quote. We deliver Australia wide. At this stage we do not deliver outside of Australia.
(b) Cost: Delivery fees will apply as set out on the Quote.
(c) Timing: We will provide you with an estimated time of delivery upon receipt of your order. Any delivery periods are estimates only, based on the information provided by the delivery company.
(d) Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date, you may be charged a delivery fee for each additional attempt for delivery.
(e) Method: We may deliver Custom Products via a range of delivery methods. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to take delivery, you will be notified, generally by the delivery company leaving a card with contact details so that you can arrange another delivery time and date.
(f) Title: Title in the Custom Products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the Custom Products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products.
(g) Risk: Risk of loss, damage or deterioration to any Custom Products will pass to you on delivery.
(h) Damages: If your Custom Product is damaged or goes missing in the delivery process, please contact the relevant service provider. We are not responsible and will not be liable for any Custom Products which are damaged in transit.
5. Consumer Guarantees and Returns/Refunds Policy
(a) Seller’s goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in the Sale Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL or any liability under the ACL, which by law may not be limited or excluded.
(b) If you are a consumer as defined in the ACL, the following notice applies to you: “Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for 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.”
(c) If you wish to seek repair, replacement or a refund for a product, we will explain the requirements to you. This may include you providing evidence of the faulty product to us.
(d) If you are entitled to a refund, we will only give you the refund once evidence of faulty product is received by us, or we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under the Sale Terms. Any refund we make will be by the same payment method used to purchase the product.
(e) Subject to this clause, we will not accept for return any product that has been used, or if your product is custom-made or is a special buy product.
(f) You are responsible for returning the product to us and you must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse.
(g) You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.
(h) Notwithstanding any guarantees or rights conferred by ACL, we will not provide any refunds simply because you:
i. have changed your mind;
ii. found another supplier that can offer you the products for a lower price or quicker turnaround time;
iii. cannot afford to make Final Payment; or
iv. have made a mistake in your designs and order details.
v. did not inform us, in writing, that you required the products prior to a certain date and the products after arrived this date;
vi. provided us with incorrect or incomplete Design Information which resulted in delay in the process; or
vii. failed to make payment promptly which has resulted in a delay in the process.
6. Our Intellectual Property
(a) Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
(b) The Custom Products that are provided to you contains material which is owned by or licensed to us and is protected by Australian and international laws (Material). We own the copyright which subsists in all creative and literary works incorporated into the Custom Product.
(c) You agree that, as between you and us, we own all intellectual property rights in the Custom Product, and that nothing in these Sales Terms constitutes a transfer of any intellectual property ownership rights in our Materials, except as stated in these Sales Terms or with our written permission.
(d) Your use of our Custom Product does not grant you a licence, or act as a right of use, any of the intellectual property in the Custom Product, whether registered or unregistered, except as stated in these Terms or with our written permission.
(e) You must not breach our copyright or intellectual property rights by, including but not limited to:
i. altering or modifying any of the Custom Product;
ii. creating derivative works from the Custom Product; or
iii. using our Custom Product for commercial purposes such as on sale to third parties.
(f) You acknowledge and agree that we do not offer a trademark or registered design search as part of our services to you and we are not responsible for any copyright infringement or liability.
(g) You are responsible for proofing and approving all Design Information and order details for your Custom Product. Upon approval from you, any subsequent errors in the creation of the Custom product are not our responsibility.
(h) We will assign ownership of the Custom Product to you, only upon Final Payment.
7. Your Intellectual Property
(a) You agree that the Design Information that you provide to us may contain Intellectual Property and you agree to provide the Intellectual Property to us to enable us to create the Custom Product. You:
i. warrant that you have all necessary rights to provide the Intellectual Property to us;
ii. grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the Intellectual Property in any way we require to create the Custom Product; and
iii. consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.
(b) You warrant that any Design Information and Intellectual Property that you provide to us and the Custom Product created from such Design Information and Intellectual Property:
i. will not breach any agreements you have entered into with any third parties;
ii. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply in your local area and country; and
iii. will not conflict with the rights of third parties.
(c) We assume no responsibility for your compliance with any applicable laws, rules and regulations.
(d) If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:
i. irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of creating the Custom Product;
ii. irrevocably consent to us using or applying the Intellectual Property for the purposes of creating the Custom Product without any attribution of authorship;
iii. agree that your consent extends to acts and omissions of any of our licensees and successors in title; and
iv. agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement.
(a) While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we, and our directors, officers and employees accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.
(b) While we take reasonable steps to create or source a bag, box or item that is requested, we may not be able to meet every request or criteria. Any bags, boxes and items displayed on our Site are examples of what we can provide but this is subject to the availability and resources of third party service providers.
(c) You acknowledge and agree that reasonable steps are taken to create your Custom Product as agreed in the Quote. You acknowledge and agree that:
i. the Quote will indicate colour codes and your Custom Product will be created and printed in accordance with these colour codes and the Pantone Colour Chart; and
ii. any colour proofs that you have provided may not exactly match the final result due to variations in preparation method and substrates.
9. Limitation of Liability:
(a) Certain legislation including the ACL, Consumer and Competition Act 2010 (Cth), similar State or Territory legislation in Australia and similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified (Rights).
(b) We exclude all implied conditions and warranties except for your Rights, to the extent permitted by law, including but not limited to:
i. we expressly disclaim any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Sale Terms;
ii. we do not warrant that the Site or your access to the Site will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components;
iii. we take no responsibility for, and will not be liable for, the Site or the products being unavailable; and
iv. we will not be liable for any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products, or the Sale Terms, even if we were expressly advised of the likelihood of such loss or damage.
(c) Our total liability arising out of or in connection with the products, the services or the Sale Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products under the Sale Terms.
10. Amendment:These Terms may be amended from time to time, without prior notice. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Sale Terms, before purchase. Our agents, employees and third parties do not have authority to change the Sale Terms.
(a) You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from the design you provide us or any breach of sale terms.
(b) You warrant to us that any design provided by you does not breach or infringe:
i. the Competition and Consumer Act (Cth) or equivalent State legislation;
ii. any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
iii. any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
iv. State or Commonwealth privacy legislation or anti-discrimination legislation;
v. any financial services law as defined in the Corporations Act 2001 (Cth); or
vi. any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).
(a) Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law
(b) Termination: We reserve the right to refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on our Site at our sole discretion, without incurring any liability to you.
(c) Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Sale Terms if such delay is due to any circumstance beyond our reasonable control, including without limitation, acts of God, fire, flood, tempest, earthquake, riot, civil disturbance, industrial dispute, theft, crime, strike, lockout, work stoppage or other labour hindrance, breakdown, act of war (whether declared or not), sabotage, insurrection, epidemic, national emergency (whether in fact or law), requirements of restriction of, or failure to act by, any government, local body or judicial entity, the inability of third party suppliers to supply necessary materials. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you notice in writing.
(d) Notice: Any notice in connection with the Sale Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
(e) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Sale Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Sale Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
(f) Assignment: You must not assign any rights and obligations under the Sale Terms whether in whole or in part without our prior written consent.
(g) Severability: If any of the Sale Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(h) Jurisdiction and Applicable Law: Your use of this Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
(i) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Pembroke Chandler Pty Ltd trading as Custom Printed Bags and Boxes
1. We respect your privacy
1.1. Pembroke Chandler Pty Ltd trading as Custom Printed Bags and Boxes respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the National Privacy Principles established by the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
1.2. “Personal information” is information we hold which is identifiable as being about you.
2. Collection of personal information
2.1. Pembroke Chandler Pty Ltd trading as Custom Printed Bags and Boxes will, from time to time, receive and store personal information you enter onto our website, provide to us directly or give to us in other forms.
2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.3. Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
4. Use of your personal information
4.1. Pembroke Chandler Pty Ltd trading as Custom Printed Bags and Boxes may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
4.2. Pembroke Chandler Pty Ltd trading as Custom Printed Bags and Boxes may contact you by a variety of measures including, but not limited to telephone, email, sms or mail. 2
5. Disclosure of your personal information
5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Pembroke Chandler Pty Ltd trading as Custom Printed Bags and Boxes, www.customprintedbagsandboxes.com.au, its customers or third parties.
5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to China, Australia, USA.
5.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
6. Security of your personal information
6.1. Pembroke Chandler Pty Ltd trading as Custom Printed Bags and Boxes is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
7. Access to your personal information
7.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at [email protected]
7.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy
8.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to PO Box 655 Balmain, NSW 2041 AU. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
10.1. When you visit our website
When you come to our website (www.customprintedbagsandboxes.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
10.4. Third party sites 4
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Pembroke Chandler Pty Ltd trading as Custom Printed Bags and Boxes is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
19 Mar 2015
Pembroke Chandler Pty Ltd trading as Custom Printed Bags and Boxes (ABN 86 159 769 061)
PO Box 655 Balmain NSW 2041
Phone: (02) 9136 0429
Email: [email protected]
Last update :14 October 2014
To order, or for enquiries, please contact:
Custom Printed Bags & Boxes | Email: [email protected]| Phone: (02) 9136 0429
Address: PO Box 655 Balmain NSW 2041 Australia
“For all your customised bag and box needs, Australia”
Rigid boxes | Flat pack boxes | Bags | Accessories
DISCLAIMER: Custom Printed Bags and Boxes (CPBAB) will do it’s best to source the bag, box or accessory you require, but may not be able to meet every criteria. Bags, boxes and accessories displayed on this site are examples of what CPBAB can provide to the best of our knowledge.