These Terms and Conditions (“Terms”) govern the supply of goods and services by Customboxes.net.au (“Custom boxes”, “we”, “us”, or “our”) to any purchaser (“Customer”, “you”, or “your”). By placing an order, you agree to be bound by these Terms.
In these Terms:
ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Contract means any agreement formed between Custom boxes and the Customer for the supply of Goods.
Customer means any individual, company, trust, or entity placing an Order.
Goods means all packaging products, including but not limited to custom boxes, mailer boxes, pallet boxes, edge protectors, and related packaging materials supplied by Custom boxes.
Order means any request or purchase made by the Customer via the Website, email, telephone, quotation, or otherwise.
Custom Goods means Goods manufactured, printed, modified, or produced in accordance with Customer specifications.
Website means www.customboxes.net.au.
2.1 These Terms apply to all Orders and Contracts unless otherwise agreed in writing.
2.2 These Terms prevail over any terms proposed by the Customer.
2.3 Placement of an Order constitutes acceptance of these Terms.
2.4 Each accepted Order forms a separate Contract.
3.1 An Order constitutes an offer by the Customer to purchase Goods.
3.2 A Contract is formed when Custom boxes:
3.3 Custom boxes reserves the right to refuse any Order.
3.4 Quotations are valid for the period stated and may be withdrawn at any time.
4.1 All prices are in Australian Dollars and exclusive of GST unless stated otherwise.
4.2 GST will be added where applicable.
4.3 Payment terms are as follows:
4.4 Custom boxes reserve the right to vary prices prior to Order acceptance.
4.5 Interest may be charged on overdue amounts at a rate of 10% per annum.
4.6 The Customer is liable for all costs incurred in recovering overdue payments.
5.1 Risk in the Goods passes to the Customer upon delivery or collection.
5.2 Legal and beneficial ownership of the Goods remains with Custom boxes until full payment is received.
5.3 Until ownership passes, the Customer holds Goods as fiduciary bailee.
5.4 Custom boxes reserves the right to recover Goods where payment remains outstanding.
6.1 The Customer is solely responsible for ensuring the accuracy of all specifications, artwork, designs, and instructions.
6.2 Custom boxes shall not be liable for defects resulting from Customer-supplied materials or specifications.
6.3 The Customer warrants that supplied artwork does not infringe any intellectual property rights.
6.4 The Customer indemnifies Custom boxes against all claims arising from intellectual property infringement.
6.5 Colour variations, dimensional tolerances, and production variations shall not constitute defects where within industry standards.
The Customer acknowledges and accepts the following industry standard tolerances:
Such variations shall not constitute defects.
8.1 Delivery dates are estimates only.
8.2 Custom boxes shall not be liable for delays in delivery.
8.3 Custom boxes may deliver Goods in instalments.
8.4 Delivery is deemed complete upon arrival at the nominated delivery location.
8.5 Risk transfers upon delivery.
9.1 The Customer must inspect Goods immediately upon delivery.
9.2 The Customer must notify Custom boxes of defects in writing within 7 days.
9.3 Failure to notify within this period constitutes acceptance of Goods.
10.1 Returns and refunds are handled in accordance with our Return Policy. The Return Policy forms part of these Terms.
10.2 Change of mind returns are not accepted (0 days), except where required under the ACL.
10.3 Exchanges are not offered, except where required under the ACL.
10.4 Custom Goods cannot be returned except where required under the ACL.
10.5 If Goods are faulty (including not usable) or the wrong product was supplied, Custom boxes may, at its discretion and in line with the ACL:
10.6 For any non-fault return approved in writing (exception case only), Standard Goods must be returned unused and in original condition, returned at Customer expense, and may be subject to a restocking fee. For Standard Goods, the restocking fee is 25% where applicable as set out in the Return Policy.
10.7 Nothing in these Terms limits any rights under the ACL.
11.1 To the maximum extent permitted by law, Custom boxes’ liability is limited to:
11.2 Custom boxes shall not be liable for:
12.1 All intellectual property created by Custom boxes remains its property.
12.2 Tooling, die-lines, and production materials remain Custom boxes’ property.
13.1 Orders for Custom Goods cannot be cancelled once production has commenced.
13.2 The Customer must compensate Custom boxes for all costs incurred.
Custom boxes shall not be liable for failure to perform obligations due to events beyond its control, including:
If the Customer defaults, Custom boxes may:
Custom boxes reserves the right to:
Orders may be cancelled if errors occur.
Nothing in these Terms excludes rights under the ACL.
Where permitted, Custom boxes limits remedies to:
These Terms are governed by the laws of New South Wales, Australia.
The parties submit to the jurisdiction of NSW courts.
These Terms constitute the entire agreement between Custom boxes and the Customer.
Custom boxes may update these Terms at any time by publishing revised Terms on the Website.
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