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Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
In these terms and conditions, “we” “us” and “our” refers to X-press Print & Signs Coffs Harbour. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
We give you a limited licence to access and use our information for personal use when you visit our website. The entire content included in this site, including but not limited to applets, graphics, images, layouts and text is copyrighted as a collective work under the Australian and other copyright laws and is the property of X-press Print & Signs Coffs Harbour. The collective work includes works that are licensed to X-press Print & Signs Coffs Harbour Copyright 2022. . Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with X-press Print & Signs Coffs Harbour or purchasing X-press Print & Signs Coffs Harbour products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use or to place an order with X-press Print & Signs Coffs Harbour or to purchase X-press Print & Signs Coffs Harbour products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorised in writing by X-press Print & Signs Coffs Harbour. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
All trademarks, service marks and trade names of X-press Print & Signs Coffs Harbour used in the site are trademarks or registered trademarks of X-press Print & Signs Coffs Harbour. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by X-press Print & Signs Coffs Harbour or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Competition and Consumer Act 2010
X-press Print & Signs Coffs Harbour provides all of the Consumer Guarantees contained in the Competition and Consumer Act to the extent to which they apply to this agreement between you and us but not otherwise. Nothing in these standard terms and conditions are intended to exclude any applicable Consumer Guarantees. Where the Consumer Guarantees do apply and there has been a breach of any of those Consumer Guarantees then X-press Print & Signs Coffs Harbour relies on Section 64A of the Competition and Consumer Act. In that respect our liability to you for any breach of a Consumer Guarantee is limited to:-
(i) Where there is a supply of goods, to the replacement or resupply of equivalent goods, or the payment to you of the cost of replacing the goods or acquiring equivalent goods.
(ii) Where there is a supply of services, to the supply to you of the services again or the payment of the costs of having the services supplied to you again.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability
under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the products, services or these Terms (including as a result of not being able to use the products, services or the late supply of the products or services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk
Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of X-press Print & Signs Coffs Harbour make any express or implied representation or warranty about the services or any products or services (including the products or services of X-press Print & Signs Coffs Harbour referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation, transmission or delivery, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website or the products of X-press Print & Signs Coffs Harbour, (including third party material and advertisements on the Website); and
(c) costs incurred as a result of you using the Website, our services or any of the products of X-press Print & Signs Coffs Harbour.
Limitation of liability
Our total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the services or products to you.
You expressly understand and agree that X-press Print & Signs Coffs Harbour, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
In the event that an X-press Print & Signs Coffs Harbour product is mistakenly listed at an incorrect price, Easy Signs Pty Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. X-press Print & Signs Coffs Harbour reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, X-press Print & Signs Coffs Harbour shall issue a credit to your credit card account in the amount of the incorrect price.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a X-press Print & Signs Coffs Harbour or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You agree to indemnify, defend, and hold harmless X-press Print & Signs Coffs Harbour, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable solicitors’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, X-press Print & Signs Coffs Harbour may link to sites operated by third parties. However, even if the third party is affiliated with X-press Print & Signs Coffs Harbour, X-press Print & Signs Coffs Harbour has no control over these linked sites, all of which have separate privacy and data collection practices, independent of X-press Print & Signs Coffs Harbour. These linked sites are only for your convenience and therefore you access them at your own risk. Any link on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
Linking to our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking
Our custom printed products have various shipping times based on the type of product and the value of the order. Every product page has a turnaround section below the pricing, in this turnaround section it states the time it will take to produce and ship your products after we have received sign off of your artwork proof. Our production begins the first working day after your artwork proof approval, there is a cut off time of 5pm for approving artwork to ensure it starts in production the following day. All risk of loss or damage to the products passes to you when we despatch the products.
Return & Refund Policy
It is the intention of X-press Print & Signs Coffs Harbour to provide our customers with products that meet the specifications stated on our web site as well as our customer’s expectations. In the unlikely event that our your expectations are not met, we ask that the you email us immediately with photos and a description of the problem and we will make every effort to reach a fast and mutually agreeable resolution.
It is important to note that all of our signage is custom printed with artwork which the customer approves prior to printing so it is essential that you select your product and check your artwork very carefully. It is also important to note that the colours in the artwork proof displayed on your screen are not accurate. Colours will print differently on different printers and materials and will display differently on different computer screens. If a colour is important it is essential that a Pantone (PMS) colour is advised prior to the artwork proof being approved so we can do our best to achieve the closest possible colour match.
X-press Print & Signs Coffs Harbour will repair or replace any products which are not as stated on our web site, not as shown on the approved artwork proof (please note the above paragraph regarding colours) or are found to be defective within the warranty period stated on our web site.
In the event of a warranty claim by you, and photos of the issue being received, X-press Print & Signs Coffs Harbour will:
1. If notified within 14 days of the goods being received by the customer:
a) Arrange and pay for the return of the goods to X-press Print & Signs Coffs Harbour for repair, then repair the goods and return them at no cost to the customer; or
b) Replace the goods at no cost to the customer. If X-press Print & Signs Coffs Harbour requires the goods to be returned, X-press Print & Signs Coffs Harbour will arrange and pay for the return of the goods.
2. If notified later than 14 days of the goods being received by the customer:
a) Require the customer to return the goods to X-press Print & Signs Coffs Harbour (at the customer’s cost). X-press Print & Signs Coffs Harbour will then repair or replace the goods and return them at no cost to the customer
In the event of a warranty claim, our liability will be limited to the cost of repairing or replacing the goods. X-press Print & Signs Coffs Harbour will not be liable for any associated costs incurred by the customer as a result of a warranty claim. This includes, but is not limited to, the cost of installing the signage that is the subject of the warranty claim. It is essential that all signage is carefully inspected at time of receipt - and approved or rejected by the customer prior to the customer arranging installation of the signage.
Refunds are not offered for custom printed products.
Exclusion of Unenforceable Terms
Where any clause or term would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed excision of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions
If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
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