Terms and Conditions of Sale (Australia)

Terms and Conditions of Sale (Australia)

By placing an order on the Website, the Buyer agrees that the Terms shall apply to the supply of the Goods (“Agreement”). The Terms replace any previous terms and conditions and may be varied from time to time by publishing the varied terms and conditions on the Website.

1. Definitions
In these Terms and Conditions:

1.1 “ACL” is an abbreviation of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended from time to time);

1.2 “Buyer” means an account holder ordering Goods as specified on any invoice, document or order, and it includes the Buyer’s personal representatives, successors and permitted assigns;

1.3 “Consequential Loss” means loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of revenue, increased financing costs, loss arising from delay, or any consequential, special or indirect loss or damage, whether or not the possibility or potential extent of the loss or damage was known or foreseeable, and whether arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise;

1.4 “Goods” means all goods or services supplied by the Seller to the Buyer at the Buyer’s request, from time to time;

1.5 “Price” means the amount payable for the Goods in accordance with clause 5 below;

1.6 “Seller” means Detmold Australia Sales Pty Ltd ACN 005 331 466 and includes its successors and permitted assigns;

1.7 “Terms” means these Terms and Conditions of Sale;

1.8 “Website” means www.paperpak.co, www.detpak.com and ubereats.detpak.com.

2. Registering an Account

2.1 To register an account, the Buyer must accept the Terms. Registration of the Buyer’s account is only effective when accepted and communicated in writing to the Buyer by the Seller.

2.2 Registration of an account is for Buyers residing in Australia.

3. Ordering Goods

3.1 A Buyer holding an account may place an order to purchase Goods from the Seller via the Website ("Order").

3.2 Upon an Order being placed, the Seller will send the Buyer an email confirming receipt of the Order.

3.3 Once the Buyer has submitted an Order, it may not be cancelled.

3.4 The Seller may cancel an Order at any time before delivery by giving written notice to the Buyer. On giving such notice, the Seller shall fully refund the Buyer any money paid by the Buyer.

3.5 In the event that the Seller cancels an Order, the Seller shall not be liable for any loss or damage, including Consequential Loss, arising from such cancellation, except to the extent such cancellation is the result of the Seller’s gross negligence.

4. Goods

4.1 The Goods may be available for purchase in full carton quantities only. The Website will identify if this is required.

4.2 Images on the Website are provided for illustrative purposes only and the Seller does not guarantee that any image will reproduce the true colour or reflect or portray the full design or options relating to the Goods.

5. Price and Payment

5.1 The amount payable for the Goods will be specified on the Website at the time of placing an Order. The Price is in Australian Dollars (AUD), and where applicable, inclusive of GST.

5.2 Whilst the Seller takes all reasonable steps to ensure that all prices and the availability of the Goods are accurate, errors may occur. If the Seller locates an error in the price of any Goods which the Buyer has ordered, the Seller will inform the Buyer as soon as possible and give the Buyer the option of reconfirming its order at the updated price, or cancelling it. If the Buyer does not respond to the Seller within 3 business days, the Seller will treat the order as cancelled and if the Buyer has already paid for the Goods, the Seller will provide a full refund as soon as possible.

5.3 The Seller reserves the right to vary the Price from time to time, and such variation is to take effect immediately upon posting of the amended Price on the Website.

5.4 Freight charges will be automatically calculated based on delivery location and the size of the Order and will be payable in addition to the Price. Subject to clauses 5.2, 6.6 and 11, all freight charges are non-refundable.

5.5 The Seller shall not accept any Order if the Price and the freight charges are not paid in full.

6. Delivery

6.1 The Buyer must provide a delivery address within Australia.

6.2 Orders received before 1:00pm CST on any given business day will be dispatched the following business day.

6.3 For Australian metropolitan deliveries, the Seller’s standard delivery times are 2-5 business days from the date of dispatch, however, during sale / promotional events, delivery may be longer.

6.4 For Australian non-metropolitan deliveries, delivery times cannot be guaranteed. Please contact a customer service representative should you wish to discuss delivery times to non-metropolitan areas.

6.5 All delivery times should be treated as an estimate only and the Seller shall not be liable for any loss or damage, including Consequential Loss, arising from delay in delivery or failure to deliver the Goods, either whole or in part.

6.6 The Seller reserves the right to amend freight charges for Orders which have been calculated incorrectly. The Buyer will be notified by telephone or email prior to dispatch of the Order if amendments to freight charges are required. The Buyer must accept the amended freight charges in writing within 3 business days of receiving notification from the Seller. Upon such acceptance, the Seller will adjust the total amount charged to the Buyer’s credit card in accordance with clause 5.5. If the Buyer does not accept the amended freight charges, the Order will be deemed to have been cancelled and if the Buyer has already paid for the Goods, the Seller will provide a full refund as soon as possible.

6.7 If the Buyer is unable or unwilling to accept physical delivery of the Goods when the Goods are ready for delivery, the Seller shall be entitled to charge a re-delivery fee or to arrange for storage of the Goods for up to 3 months. The Buyer shall be liable for all reasonable transportation, storage and other consequential costs, which may be required to be paid prior to re-delivery.

6.8 After a period of 3 months from the date of the initial delivery, the Order will be cancelled, a credit (less any costs incurred by the Seller pursuant to clause 6.7) shall be raised to the Buyer’s account and the Goods will be put back into the Seller’s stock holding.

7. Risk and title

7.1 Risk of damage or loss to the Goods passes to the Buyer immediately upon unloading the Goods at the Buyer’s nominated delivery address.

7.2 Goods will not be left unattended at the delivery address without the Buyer’s written permission.

8. Privacy

8.1 The Seller’s Privacy Policy is on the Website or available upon request to the Seller and forms part of the Terms.

8.2 The Website may be hosted, or some data may be stored overseas. All personal information derived from Australia will still be treated in accordance with the Seller’s policies whilst being stored overseas.

8.3 The Buyer agrees that the Seller may use or disclose information to its suppliers and to third parties for the purpose of providing the Goods, providing information about Goods; sending information about the Seller and/or the Seller’s services; performing administrative and marketing operations; complying with legislative and regulatory requirements or as otherwise permitted or authorised by law; considering any other application the Buyer makes to the Seller; managing the Seller’s rights and obligations in relation to external payment systems, e.g. credit card schemes and debit payment schemes; conducting market research or Buyer satisfaction research; and developing and identifying products and services that may interest the Buyer.

9. Conditions of Use

9.1 The Website is subject to copyright. This clause 9 applies to both Buyers and visitors to the Website (together referred to as the “Users”). The Users may view the Website and electronically copy or print hard copies of materials or content available on the Website for private and non-commercial purposes only. Any other use or reproduction of materials or content available on the Website are prohibited.

9.2 The Users must not, in any form or by any means:

• 9.2.1 use or register as a trade mark, business name or domain name any name or logo similar to those used by or associated with the Seller, whether registered or unregistered, anywhere in the world;
• 9.2.2 do anything that would cause the Seller or the Website to be brought into disrepute; or
• 9.2.3 copy, reverse engineer or decompile any component of the Website, without the Seller’s prior written consent, such consent to be provided or withheld in the Seller’s absolute discretion.

9.3 The Website may contain links to third party websites. The Seller makes no representations or warranties as to the contents and materials available on third party websites.  The Buyer accesses such third party websites at its own risk.

9.4 The Users access the Website at their own risk. The Seller makes no representations or warranties as to the reliability or suitability of the information contained on the Website.  All representations and warranties are excluded to the maximum extent permitted by law.

9.5 To the maximum extent permitted by law, the Seller will not be liable for any loss or damage suffered by the Users as a result of their use of the Website, and the Users hereby indemnify the Seller in respect of any such loss or damage suffered by the Users or a third party as a result of the Buyer’s use of the Website.

10. Termination

10.1 The Buyer agrees that the Agreement between it and the Seller shall commence on the date that it registers an account and shall continue until such time as it is terminated by the Seller (in accordance with clause 10.2) or the Buyer closes its Account.

10.2 If the Buyer has breached any term of the Agreement, the Seller may terminate the Agreement and close the Buyer’s Account by giving the Buyer written notice.

10.3 Termination of the Agreement will not affect the accrued rights and remedies of either party.

11. Defects, Warranties and Returns

11.1 Subject to clause 11.3, the Seller does not accept returns and will therefore not offer a refund for change of mind, incorrect selection or if a cheaper price is found elsewhere.

11.2 The Buyer must within five (5) business days of delivery notify the Seller in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description in relation to the Goods. Upon such notification the Buyer must, within a reasonable time following delivery, allow the Seller to inspect the Goods. If the Buyer fails to provide such notice, then the Goods will be deemed to compliant and free from any defect whatsoever.

11.3 Subject to this clause 11, returns will only be accepted provided that:

• 11.3.1 the Buyer has complied with the provisions of clause 11.2; and
• 11.3.2 the Seller has agreed in writing to accept the Goods for return; and
• 11.3.3 the Goods are returned by the Buyer to the Seller within the time requested by the Seller; and
• 11.3.4 the Goods are returned in the same condition to that in which they were delivered.

11.4 Under applicable State, Territory and Commonwealth Law (including, without limitation the ACL), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the ACL) may be implied into the Terms (“Non-Excluded Guarantees”). Nothing in the Terms is intended to exclude or restrict the application of such laws.

11.5 The Seller’s liability for breach of any Non-Excluded Guarantees, conditions or warranty is limited at the Seller’s option to, in the case of Goods, the repair of the Goods, the replacement of the Goods or paying for the cost of repair or replacement the Goods.

11.6 Notwithstanding clauses 11.1 to 11.5, but subject to the ACL:

• 11.6.1 except to the extent of gross negligence by the Seller’s employees, agents or sub-contractors, the Seller shall not be responsible for the consequences of any representation made or technical advice given by its employees, agents or sub-contractors in connection with the design and use of the Goods, and the Buyer agrees that all such advice is accepted by the Buyer entirely at the Buyer’s risk;
• 11.6.2 except as otherwise expressly specified in the terms of any applicable written warranty provided by the Seller, the Seller’s liability to the Buyer for any defect in the Goods, or the supply of the Goods, is limited, at the Seller’s option, to in the case of Goods, the repair of the Goods, the replacement of the Goods or paying for the cost of repair or replacement of the Goods;
• 11.6.3 except to the extent of gross negligence of the Seller, the Seller is not liable to the Buyer or anyone else in connection with the Goods or the supply of the Goods or the Terms, including without limitation for:
  • (a) any losses, costs, damages, expenses and claims (including without limitation for damage to the Goods or injury to any person) arising from: 
    • (i) the loading, unloading or delivery of the Goods;
    • (ii) a failure to deliver, or delay in delivering, the Goods;
    • (iii) the removal of defective Goods.
  • (b) any direct, indirect or Consequential Loss or damage; and
  • (c) any claim by a third party against the Buyer (or any loss, damages or liability incurred or suffered by the Buyer as a result of any such claim, action or proceeding).
• 11.6.4 the Buyer indemnifies the Seller from and against all losses, damages, costs and expenses suffered or incurred by the Seller, and all claims and demands made or brought against the Seller, arising out of:
  • (a) the Seller’s use of or reliance on any materials, design, drawing or specification provided to the Seller by the Buyer (including any allegation or claim that any such use or reliance by the Seller infringes the intellectual property rights of any person);
  • (b) the Buyer failing to properly maintain or store any Goods;
  • (c) the Buyer using the Goods for any purpose other than that for which they were designed;
  • (d) the Buyer continuing the use of the Goods after any defect became apparent or should have become apparent to a reasonably prudent user;
  • (e) the Buyer failing to follow any instructions or guidelines provided by the Seller;
  • (f) fair wear and tear, any accident, or act of God.

12. General

12.1 This Agreement is governed by the laws of South Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.

12.2 The failure by the Seller to enforce any provision of the Terms shall not be treated as a waiver of that provision, nor shall it affect the Seller’s right to subsequently enforce that provision. If any provision of the Terms shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

12.3 Subject to clause 11, the Seller shall be under no liability whatsoever to the Buyer for any Consequential Loss suffered by the Buyer arising out of a breach by the Seller of the Terms.

12.4 The Buyer must not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Seller. The Seller may assign or transfer its rights or obligations under this Agreement at any time without obtaining the Buyer’s consent.