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Terms & Conditions

Terms and Conditions

PromosXchange Pty Ltd (ABN: 24 120 503 988) provides corporate branding services and custom branded company merchandise. When you place an online or offline order with PromosXchange, you are entering into a contract between you as a single entity, the company or organization you represent and PromosXchange. By placing your order you agree to be bound by our Trading Terms. If you don't agree to these terms and conditions, please do not use PromosXchange or this website.

1

Order Placement and Cancellation

Information contained on the PromosXchange website constitutes an invitation to treat. No information on our website should be deemed as an offer by us to supply any products/services, however, we will make every effort to supply the products/services to you. PromosXchange reserves the right to terminate any purchase upon notice before delivery of the order. PromosXchange will reimburse your payment if the Company terminates your purchase.

You agree that if you have approved for an order to proceed, any cancellation, if at all possible, will incur fees depending on the status of the job.

2

Minimum Order Value

Minimum order value of $500 ex gst together with minimum order quantities per product and imprint value (minimum order quantities for our promotional products are shown under each product listing) whichever is higher applies per invoice. The minimum order is non-negotiable and does not apply to sample order/s.

3

Rush Order Service

Rush order service may be available at extra cost. Prices start from $50 ex gst. This surcharge will vary depending on the quantity, type of product and job and other variances that may apply. The rush order surcharge is to justify moving your order ahead of orders already in progress. Additional charges apply to Express deliveries. Please ensure that you're available for contact for rush job approvals. If we're not able to contact you or do not get a timely response via email, we will not be responsible for not meeting your dateline. Please also ensure that someone is available to accept delivery.

4

Samples

We are happy to provide physical merchandise samples on request. For standard clients, 2 complimentary samples valued at a max of $20 each ex gst can be provided including complimentary postage to 1 metro location Australia wide. For paid samples, samples are calculated at the lowest unprinted rate plus postage. You will receive a refund on the sample cost if they are returned to us in it's original condition (including packaging - any clothes should be folded as per original) within 14 days. To order a sample, please speak to a sales consultant. Please note that if you require your sample to be delivered via Express delivery and if we are able to accommodate your request, additional Express delivery charges will apply. Pre-production samples of printed branded merchandise are also available on selected products and should be requested at the time your order is placed. Our client account reps may make product suggestions to you from time to time. However, it is your responsibility to ensure the product is right for you by ordering a physical sample prior to going ahead with the order. We will not be held responsible if you did not order a physical sample PRIOR to production.

5

Customisation

Artwork
Our preferred format for all graphics files are either vector EPS or Adobe Illustrator AI files. Text must be converted to outlines. Placed images need to be either embedded or supplied as separate files. If artwork is not supplied in the correct format, we provide a complimentary service to redraw/edit the artwork for imprint on merchandise (excludes stationery eg. business cards, magnets, flyers etc.). If required, artwork charges are billed at $120 (excl. GST) per hour. However, we will supply you a quote before proceeding.

Submitting Artwork
You can send your artwork via our online GET IN TOUCH form (file size less than 20MB) or directly email it to your client manager if the file size is less than 5MB.

Proofing
With all types of design, PromosXchange, will not be held responsible for any errors found on the creative after printing. It is your responsibility to ensure that the creative is error free during the final stages of production. You will be asked to approve content and design at agreed stages. Approval of your design job will only be accepted when you approve the design in writing via email, SMS or fax.

Artwork Copyright
All artwork worked on by PromosXchange remains copyright of PromosXchange. To gain copyright of artwork material, please put forward your request to your client manager who will give you a quote. We reserve the right to use work we have done and any feedback you have provided in our marketing, be it offline or online.

PMS Colour Matching
Whilst all effort is made to match colours, it is not always possible to match colours exactly, as branding processes and techniques differ, and product materials differ from product to product. To enable us to match print colours as closely as possible, please inform us of your specific colour code/s.

Product Colour
While we endeavour to ensure product colour consistency, it is not always possible to achieve this as manufacturing processes, techniques and/or product materials differ from batch to batch.

6

Payment Terms and Processing

A 50% deposit is required at the time of order placement with the balance payable prior to delivery of the goods/services; unless otherwise agreed in writing. Production will not begin and goods/services will not be delivered until the required payment is made.

We accept Direct Deposit, Cheques and Credit Cards. Credit Cards incur a surcharge per transaction, please check with your client representative prior to ordering. Bank transfers usually take 1-2 business days to clear. Cheques can take 3-5 days to clear. International bank transfers incur a $25 per transaction, reversals/chargebacks incur a $25.00 fee per transaction, dishonours or insufficient funds incur a $45.00 fee per transaction, late payments attract an interest of 1.5% per month, calculated daily plus other related admin and recovery fees for non-paid fees and surcharges apply for any changes in order once data has reached our production eg. sizes, colours, additional items, design etc.

7

Debt/Slow Payment

PromosXchange aims to deliver superior services and products for your branding. In doing so, we request that you are prompt with your payments so that there are no disruptions in our delivery to you. Goods/services rendered remain the property of PromosXchange until relevant payment is made. For 30 day approved trading accounts, payment is to be made strictly within 30 days from invoice date. Non-payment of any goods and/or services supplied by PromosXchange will be pursued vigorously. Legal fees, debt collection fees and all our costs spent on this recovery will be sought. Interest of 1.5% per month, calculated daily will apply.

8

GST and Prices

PromosXchange listed prices exclude GST. We always aim to list Products with the most competitive prices. We reserve the right to change prices for Products displayed at PromosXchange at any time, without any prior notice.

6

Delivery

PromosXchange offers FREE delivery Australia wide to one location METRO Sydney, Brisbane, Adelaide, Canberra, Tasmania and ANYWHERE VICTORIA wide per order/invoice. In cases where free delivery is not offered, we will provide you a delivery quote prior to accepting the order. Estimated production time is stated under each product listing. Standard delivery time for interstate metro to metro locations takes 2-3 business days. Depending on where your goods are being delivered from, local metro to metro deliveries can be received the same day. If your order is for a specific event, please let us know your deadline at the time of order confirmation. Delivery is subject to sighting of artwork and stock availability at the time of ordering. We cannot accept orders with a PO Box as items will have to be signed for. Unless otherwise agreed by us, we will deliver your product/s to the address indicated on your Invoice. We cannot specify a time for delivery so please ensure someone is available to sign for the delivery. Unless otherwise requested, some deliveries might to left at your door at the discretion of our courier if no one is available. Please note that you are responsible for all freight charges for re-deliveries, incorrect delivery details and these are added to the invoice total.

10

Storage and fulfilment

All storage and fulfilment costs are separate to the invoice total unless specifically stated on invoice. Please note that you are responsible for all storage costs incurred as a result of re-deliveries, incorrect delivery details and non-advise of delivery within 2 business days from end of production at a rate of $10 per box per day and these will be added to the invoice total.

11

Damage and Loss

All risk of damage or loss is transferred to you upon dispatch of the goods to the advised mailing address. PromosXchange undertakes to provide adequate packaging and a reliable delivery service but is not responsible for any damage or loss of your purchase in transit, nor does PromosXchange insure against loss or damage of your purchase in transit. If you would like shipping insurance at your own expense, please contact us for a quote.

12

Guarantees, Refunds and Replacements

We are so confident about our products and services that we guarantee product and prompt customer service. All guarantees made are not applicable to accounts with late payments and default history.

If we do not respond to your phone or email message within 2 hours during our business times, you will receive a $25 credit on your next order.

Products may be returned in its original condition if there is a fault in the product except for wear and tear. The customer will need to provide clear pictures and full details of the faulty product via email prior to approval of returns by PromosXchange. For all approved returns within our complimentary delivery range, PromosXchange can bear the shipping cost to and from PromosXchange. Our policy is to maintain 200% customer service excellence. Therefore, we will promptly address any product failure issues.

We are to be notified of the faulty product in writing via email. The customer will be responsible for all related insurance costs for the return shipping. A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned faulty product.

PromosXchange reserves the right to test any returned Product. If the condition of the Product was misrepresented to us by the customer, PromosXchange will impose a $200 handling and administration fee plus all related shipping costs.

13

Warranties

PromosXchange is a reseller only. Products sold by PromosXchange are not manufactured by PromosXchange. The products may, however, be covered by each manufacturer's warranty, service and support policy. PromosXchange assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products.

14

Errors

When placing information onto our website, we will take reasonable care in ensuring that all details, prices, product images and descriptions displayed are correct at the time. We have the right to amend any typographical errors, inaccuracies or oversights in the information contained on this website and to correct or update content or cancel orders at any time without prior notice. Please note that this also applies to orders that have been submitted. In addition, images showing textures, appearances and colours of our products will vary depending on your monitor and computer equipment. We cannot guarantee that the product images are an exact representation of the actual products.

15

Special Offers

Any one offer cannot be used with any other special offers. Offers cannot be convertible to credit or cash. We reserve the right to discontinue or change our offers at any time without prior notice.

16

Rejection of Orders

We reserve the right to reject an order for any reason, including without limitation where: A product is unavailable; There was an error in the price, image or product description; The customer does not meet age requirements; We are not permitted to supply the product to a customer outside Australia;There was an error in your order; and We also have the right to limit the sale of products to reasonable or normal quantities. When an order is rejected, we will refund in full all amounts you have paid in respect of the rejected order.

17

Access

We reserve the right to immediately suspend, terminate or limit your access to this website for any reason in our absolute discretion. We will not accept responsibility if your access to this website is unavailable for any reason.

18

Indemnity

You agree to indemnify PromosXchange for any loss, damage or cost it suffers or incurs as a result of any breach by you of these terms and conditions.

19

Limited Liability

These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the supply of Products/Services by PromosXchange and there are no warranties, conditions or other terms that are binding on us except as expressly stated in these Terms and Conditions. Any warranty, condition or other term concerning our Products/Services which might otherwise be implied into or incorporated in these Terms and Conditions by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded. We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any Products/Services supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Products/Services in question.

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of PromosXchange. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

20

Copyright

This website is PromosXchange copyright property and therefore governed by the terms under the Copyright Act 1968 and other applicable legislations. The design, concept and other elements of this website may not be replicated in whole or in part without the prior expressed written consent of PromosXchange. Trade names, trademarks, slogans and / or designs depicted in this website are proprietary marks of their respective owners and cannot be adapted, reproduced, copied, stored, distributed, transmitted, printed, displayed, sublicensed, performed, published in whole or in part without the owner’s prior knowledge and expressed written consent.

21

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria.