Terms and Conditions
Welcome to Evergreen Promotions! As a company committed to sustainability and environmental responsibility, we provide custom eco-friendly promotional products. Here are the key terms and conditions for our supply of products:
1. Information About Us:
-
- Our website, www.evergreenpromotions.com.au is operated by Evergreen Promotions.
- We focus solely on selling products that align with our customers’ values of sustainability and anthropogenic responsibility1.
- 1. Definition: Scientists use the word “anthropogenic” in referring to environmental change caused or influenced by people, either directly or indirectly.
2.Contract Formation:
-
- After placing an order, you’ll receive an email acknowledging receipt. An invoice will be issued.
- Artwork approval will be sought before production begins.
- The contract relates only to confirmed products listed in the sales order confirmation or the invoice.
3.Description:
-
- Product quantity and description are as specified in our quotation, order/art confirmation, or supplied drawings.
- Samples, drawings, and descriptions are approximate and for reference only.
4. Delivery:
-
- Delivery dates are estimates; time is not of the essence.
- Acceptance of products is assumed after 14 days unless otherwise advised.
5. Non-Delivery:
-
- Quantity recorded upon delivery is conclusive evidence.
- If you fail to accept delivery, risk passes to you, and storage costs may apply.
- Non-delivery claims must be made within 7 days in writing and for reasonable claims within industry standards.
6. Cancellation of Order:
-
- Cancellation within 2 days is permitted unless an order is in production and has been picked. Costs may apply.
- Customisation process and pre-production approval affect cancellation eligibility.
- Purchase orders may incur cancellation fees.
7. License:
-
- By entering this contract, you grant us a non-exclusive license to use your trademark for product customization and associated packaging.
8.Risk and Title:
-
- Products are at your risk upon delivery.
- Ownership passes to you upon full payment.
- Until then, you must store and maintain the products as specified.
9. Price and Payment:
-
- Prices are quoted via email.
- Payment terms are upon order confirmation or artwork approval unless otherwise specified
- We accept bank transfers, credit/debit cards (with a processing fee passed on unless agreed).
10.Quality:
-
- Warranty covers satisfactory quality for 14 days from delivery.
- Defective products will be repaired or replaced.
- Customised replacements may not retain original features.
11. Liability:
-
- We are not liable for indirect losses or adverse effects beyond normal use.
- Data transfer quality is not our liability.
- Our maximum liability is the purchase price of the product.
12.Import Duty:
-
- For international orders, import duties and taxes may apply and are the receivers liability unless included in the quoted price.
- Compliance with destination country laws is your responsibility.
13.Written Communications:
-
- Electronic communication is accepted and regarded as legal transmission.
- Notices are deemed received when posted on our website or sent via email.
14.Transfer of Rights and Obligations:
-
- The contract binds both parties and their successors.
- Transfer requires prior written consent.
15.Waiver:
-
- Our failure to enforce rights does not waive them.
16.PPSA:
- Evergreen Promotions complies with the Personal Property Securities Act 2009 (Cth) (PPSA).
- The Customer consents to Evergreen Promotions registering security interests on the PPS Register.
- The Customer must ensure security interests remain perfected and overcome any defects.
- The Customer indemnifies Evergreen Promotions for PPSR registration expenses.
17.Returning Goods:
- Goods must be returned by the Customer’s courier unless faulty or incorrect.
- Accompany goods with relevant invoice copy or number.
- Embellished goods (e.g., screen printed, embroidered) are not credited.
- Returns not accepted after 21 days from order dispatch (except for Australian Consumer Law breaches).
- Discrepancy claims accepted within 5 working days of receipt.
18.Warranties:
- Evergreen Promotions excludes implied warranties unless required by law.
- Customer warrants ownership or licensing of Intellectual Property used in Artwork.
- Artwork must not infringe rights or contravene laws.
- Customer indemnifies Evergreen Promotions against IP infringement claims.
19.Limitation of Liability:
- Consumer Guarantees under Australian Consumer Law apply.
- For Non PDH Goods or Services, liability is limited to repair, replacement, or cost reimbursement.
Evergreen Promotions excludes liability for Non Australian Consumer Law Claims.
20.General Provisions:
- Evergreen Promotions may amend these Terms with notice.
- The amended Terms apply to orders placed after the notice date.
Thank you for choosing Evergreen Promotions! 🌿🌎