Terms and Conditions of Order

1. Applicability

These general terms and conditions are applicable to all agreements and legal relationships between you and Avery Products Pty Ltd, ABN 38 000 065 065 (AUS) (Avery) concluded through the use of the website www.averyproducts.com.au/weprint A contract to supply the requested product is formed on these Terms once Avery has accepted the order you request by clicking the “Pay Now” button and making payment. Avery is not obliged to accept any order and is not obliged to supply any goods unless it has accepted the order.

2. Layout & content

You are 100% responsible for the accuracy of your layouts. Please proofread all layouts and order information carefully prior to submitting your approval for your order. Avery reserves the right to refuse to print any material that Avery determines, in its sole discretion, is immoral, illegal or inappropriate for any reason. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements. Avery's fully automated production process does not allow any corrections or changes to your layout after the order has been confirmed by pressing the "Pay Now" button. For more information refer to our FAQs.

3. Colour

Avery will reproduce colour from submitted digital files as closely and accurately as possible, but cannot guarantee to exactly match colour and density because of limitations in the printing process, as well as neighbouring image ink requirements. To the maximum extent permitted by law, Avery accepts no responsibility whatsoever for colour variations between submitted images and the actual artwork or product they represent. All colours contained within any RGB digital file will be converted to Avery's CMYK colour space. This may cause the RGB colours to visually change due to colour space differences. You should also note that your computer monitor’s calibration affects the colours displayed on your monitor’s screen. The colours on the printed products may differ from what you see displayed when viewing your layout via the online final approval process. The online proof only presents the design layout, text accuracy, image proportion and placement, but not colour or density.

4. Payment

The use of any discount code is subject to the terms of the discount offer. Avery is not obliged to honour a quote or supply any product if there is an error in the price quoted. In those circumstances, you will be contacted to confirm your agreement to proceed with the order at the revised price. If we are unable to contact you within a reasonable period of time, Avery will cancel your order and refund any payments already made. The fees for Avery products and services, which include the cost of processing, printing, and shipping and taxes, are due and payable together with the submission of an order. Avery requires pre-payment on all orders. Payment must be made as specified on the website or as otherwise agreed in writing with Avery Labels. Any amount due to Avery, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. You are responsible to reimburse Avery for all collection costs, legal fees and interest, arising out of or related to your non-payment. Avery remains the owner of the products until having received full payment for all fees due for the order you placed and Avery may choose not to deliver the products until all payments have been cleared. Avery may be required to collect and remit taxes or duties on all invoices and/or deliveries.

5. Refunds & Cancellation

We use high standards of care in the handling your order. If you are not satisfied with any aspect of your order, please contact us directly so that we have the opportunity to fix any issues. As all products are made to your specific order, once the order has been placed with Avery, we are unable to take returns of non-defective products because of problems such as spelling, grammatical errors, or selected finish made during the design stage, or low quality images uploaded by you. Therefore, please double check the accuracy of your design prior to submitting your order.

6. Production Time & Delivery

Estimated delivery times are not guaranteed and depend upon the delivery service you select. Your order may arrive late due to unforeseen delays in delivery service or transit, natural disaster, the breakdown of equipment, bad weather, or other matters outside of our control. You are responsible for all customs, duties or fees related to an international shipment. Avery is not liable for damage caused by service carrier. In case you need to contact us, please have your order number (in the subject line of an email or on the outside of a package/envelope) ready to help us process your request faster. Avery delivers We Print products to Australia and New Zealand via Australia Post. The standard delivery times are estimated 5 business days from dispatch for shipments within Australia and 10 business days for New Zealand shipments. Business days are defined as Monday-Friday (excluding public and bank holidays). Cut-off time is 1pm AEST/AEDST. Orders placed after 1pm AEST/AEDST will be treated as having been placed the next business day. The above delivery times are estimations and may vary. Avery does not guarantee delivery times. Avery is not responsible if products cannot be delivered because the address you gave us is wrong or incomplete or if there is no one at the address to accept delivery and the carrier will not leave the products at the address given. Please inspect the products on receipt. In case of damaged shipments please contact Avery within three days, either by phone AU: 1800 644 353 NZ: 0800 228 379 or by email [email protected]. You are responsible for complying with all reasonable directions in relation to dealing with and possible return of damaged products. Avery is not liable for any damage arising once the products have been delivered to you or arising out of your handling, storage or other negligent act.

7. Infringement Indemnification and Warranty, Limitation of Liability

You agree to indemnify and hold Avery and its parent company, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys’ fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary, privacy or data protection right of any person or entity or any other law. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s), graphics, materials or text (Works) being reproduced on the product you have ordered. You acknowledge and understand that copyrighted materials or trademarks do not per se have to bear a copyright or trade mark notice in order to be protected by law. You also warrant and represent that no copyright, trademark or other intellectual property rights notice has been removed or altered in any manner from any Works used in preparing your content for reproduction by Avery.

Except as expressly set out in this agreement, and subject to any terms, guarantees, warranties or conditions that by law may not be excluded, all representations conditions, guarantees, warranties, terms and obligations implied by law or otherwise relating to the products or services you have ordered or the supply of those products or services by Avery under this agreement are excluded. If Avery is liable for breach of an imposed term, guarantee, warranty, representation or condition, our liability is, at our option, limited to:

(a) the replacement or repair of the ordered products or the supply of equivalent products; (b) the supply of the services again or the supply of replacement services; (c) the payment of the cost of replacing or repairing the ordered products or acquiring equivalent products; (d) the payment of the cost of resupplying the services or the supply of replacement services.

To the maximum extent permitted by law, the aggregate liability of Avery, with regard to any order shall not be greater than the total amount of fees payable by you to Avery under the order for its products and services. In no event will Avery be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. Further, Avery is not responsible for failure to perform or delay in performing any obligation under these Terms if the failure or delay is caused by circumstances beyond Avery’s reasonable control, including third party telecommunications failure.

8. Ownership & Limited Use

By placing an order with Avery, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with Avery and; (ii) are authorizing Avery to print such order on your behalf. Copyright in any Works supplied to Avery by you do not transfer in any manner to Avery. Any additional materials created by Avery in the production of an order, (including but not limited to: design layouts, colour scans, fonts, high resolution digital files) are and shall remain the sole property of Avery. Digital files of an Avery assembled layout can be obtained upon customer's written request and by payment of the applicable fee for such files. Digital files will NOT be sold by Avery or traded to any other party. Avery reserves the right to reprint and distribute your finished product as an example of an Avery product for any and all promotional purposes. This promotional distribution may include but is not limited to Avery’s and its affiliates’ marketing materials, including on websites, catalogues, emails, and any other medium that Avery considers desirous. Your consent to this is deemed on order. You can withdraw your consent to your product being distributed as samples or used in promotional materials by sending a written request to Avery at the following email address: [email protected]

9. Miscellaneous

Avery's Terms and Conditions of Use/Website are hereby incorporated by reference as though fully set forth herein. Please read them carefully.