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 Products (NZ) Limited (Avery) concluded through the use of the website www.averyproducts.com.au/weprint.

2. Layout and 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 fees for Avery products and services, which include the cost of processing, printing, and shipping, are due and payable together with the submission of an order. Avery requires pre-payment on all orders. Any amount due to Avery, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. Customers are responsible to reimburse Avery for all collection costs, legal fees and interest, arising out of or related to Customer’s 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 is required to collect tax on purchases placed by consumers.

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 customer selected finish made during the design stage, or low quality images uploaded by our customers. 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, natural disaster, the breakdown of equipment, bad weather, etc. 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 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 weprintcs-au@avery.com. 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 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.

17.3 To the maximum extent permitted by law, the aggregate liability of Avery, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to Avery 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.

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. Any Works supplied to Avery by the customer will remain sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to Avery. But, 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 collateral marketing materials, website, affiliates’websites, affiliate programs, catalogues of others, emails, and any other marketing in any medium that Avery may employ as necessary. Customers can withdraw their order from being distributed as samples by sending a written request to Avery at the following email address: weprintcs-au@avery.com . Your images will not be used in any national advertisements or promotions without your prior written consent, such consent not to be unreasonably withheld or delayed. Please note that we preserve the right to delete saved projects after 36 months.

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.

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