Terms and Conditions.
Acceptance of Terms: Your purchase of Canvasfineprint products or services is subject to certain Terms and Conditions. When you create and order a canvas from Canvasfineprint, you acknowledge that you have read these terms in detail and agree to be binded by the terms documented here:
Images and Content: For the content you provided to be printed on the canvas, you must agree that:
- No Canvasfineprint employee, employer, designer or any authorized representative is responsible for monitoring the content that you have uploaded. Neither on the website, nor after purchase or during the production process.
- Once you have made a purchase, you agree that the content you have uploaded will not be checked for errors in spellings or grammar. No change or improvement will be done to colour combinations, aesthetics or any other factors.
- The content/images that you have provided do not contain anything that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, or ethnically or otherwise objectionable.
Legality of Content: You agree that all products produced and sold by Canvasfineprint are for novelty purposes only. Canvasfineprint does not make any claims about the legal compliance or registration issues. By making a purchase on our web site, you agree to check with any applicable legal authority for the standards, rules and regulations if applicable to the use of your provided content.
Uploaded Images: Our designers on your request can provide you with a rough estimate about the visibility and quality of the image and let you know if the image you want to upload is of a reasonable quality. Canvasfineprint does not take any responsibility for ensuring the quality of image that you have provided.
Material for Printing: When making a purchase, you agree that you have read our website and researched independently and know about the material on which the printing is done. You agree that Canvasfineprint will not be responsible if the materials thought by the purchaser was something other than advertised on the Web Site.
Order: You agree that Canvasfineprint will take at least 1-3 weeks as production time, starting from the time the order has been made. Moreover, you agree that shipping time will also depend on your response time to our inquiries regarding your order.
Changes to Your Order: You agree that you have reviewed and revised the order process before actually placing your order and that no further additions, corrections or changes need to be made. Canvasfineprint is not responsible for reviewing, revising or canceling orders, products or images once an order has been placed.
Colors in the Final Print: You agree that Canvasfineprint does not guarantee that the final colours of your purchased canvas will be exactly the same as were shown on your screen. Canvasfineprint works hard to make the colours on the print to be as close as possible to the colours shown on the screen but does not guarantee a 100% match. All screen settings are often different and the colours displayed on your screen may be different to that of the final printed product.
Return and Refund: Canvasfineprint will refund, in the form of credit to buy another product/replacement, if the product fails or breaks due to a manufacturing defect during the first month of delivery. If damage is while in transit it is your responsibility to lodge a claim directly with the courier.
You agree that in such circumstances you will be required to take a photograph of the broken product and send it to firstname.lastname@example.org . Upon receipt of the product or the photograph, Canvasfineprint will send a replacement of the product or will issue a credit to your account.
You agree that the determination of whether a products failure or breakage is due to a manufacturing defect is within the sole discretion of Canvasfineprint.
If you are not satisfied in any way with your order, you agree to contact us first at email@example.com so we can identify the cause of the problem and resolve it for you.
If you change your mind and would like to return the item, be aware we charge 30% restocking fee and postage is forfeight. You have to return the item in it's original packaging, undamaged and in resellable condition. Return postage is your responsibility and items have to be returned via a traceable + signature on delivery method. We do not take responsibility for lost items in the mail.
Please contact us first there are many 3rd parties responsible for handling your order, not just us; and orders do get tampered with while in transit, so even though the problem may seem obvious at first, you should always clarify with us first; we only sell goods that we know work as advertised, and even if we are not at fault (e.g postal damage) we will always try to help customers to rectify any problems within fair and reasonable limits and we will provide refunds or replacements if appropriate. The benefits of buying items online comes with an element of risk which online sellers cannot control.
To help keep on line a Fair trading platform for both Buyers and Sellers.
We DO NOT act illegally or in any way outside the Australian / Federal Government's ACCC (Australian Competition & Consumer Commission) guidelines.
Disclaimer: Unless otherwise stated or deemed mandatory by law, information contained on or made available through this listing is not intended to and does not constitute legal advice, recommendations, mediation or counselling under any circumstance, and we do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to this listing; and your use of information on this listing or materials linked to the site is entirely at your own risk; and all information is provided by us on an "AS IS" basis only; and we provide no representations and warranties, expressed or implied, including the implied warranties of fitness for a particular purpose, merchantability and non-infringement; and you must not purchase and or use any item or service we provide for any situation where the failure of this item to operate as expected may result in losses or damages of any significance that may require compensation, including remorse. We are not there to supervise its usage; you are solely responsible for the use of any item or service we provide. Devices can fail to operate as expected at any time throughout its lifespan from the moment it is dispatched from us to a hundred years or more into the future. We cannot predict when it will fail due to the complex interactions that the device is exposed to constantly. If the device fails to perform as expected, you agree to stop using it immediately if it is safe to do so. If it fails to perform as expected during the warranty period, you agree not to spend any significant resources attempting to repair or supplement it, unless you are willing to sponsor such resources, including but not limited to financial resources and time.The terms "us", "our" or "we" used in the listing refer to the owner(s) and staff member(s) and applicable entities trading under the business name of Marek Roszczewski This listing contains registered copyrighted text, images, trademarks and or registered trademarks of Marek Roszczewski and their original creators. Please do not use any of the text, logos, trademarks or images unless you have our, or their written permission.
Site Terms and Conditions of Use
1. User™s Acknowledgment and Acceptance of Terms
2. Description of Services
We make various services available on this site including, but not limited to, information about our business and services, from time to time we will offer products and services for sale, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
3. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content ” including text, communications, software, images, sounds, data, or other information ” that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another™s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as spamming), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else™s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
4. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
5. Intellectual Property Information
All our work and collection additionally to standard IP, is prohibited to be use commercially or privately to, create art, advertising, media or incorporate any were partially, in full or modifiyed without our consent.
Copyright (c) Our Business All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See User™s Materials below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
6. Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
6. Include the following statement: I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Sign the paper.
8. Send the written communication (scan and email or post) using the following contact details:
Designated Agent for Claimed Infringement:
Contact: Canvas Fine Print , Marek Roszczewski
Address: P.O. BOX 760 CROYDON, VICTORIA 3136 , AUSTRALIA
Email Address: firstname.lastname@example.org
Phone: 0431 150 488
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act and to any LAW enforcement.t.
7. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided AS IS and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney™s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
11. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
12. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, Communications) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as spam) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
Any emails not related to our products and services (eg. spam, advertising and any other unwanted communication through email, telephone or web contact form) will incur administration fee of 65.00 payable within 14 days of the date of invoice. Unpaid invoices may be subject to recovery cost, interest charges and any additional legal representation, employed by us/me.
13. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside Australia, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
14. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
15. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within VICTORIA, Australia. It can be accessed from all states, as well as from other countries around the world. As each of these places has laws that may differ from those of Australia, by accessing this site both of us agree that the statutes and laws of the State of VICTORIA, Australia, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of VICTORIA with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service using the details found on the Contact Us page. We may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
17. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
19. Contact Information
Terms and Conditions of Sale
Terms Conditions of trade
1.1 Application of these Terms and Conditions
These Terms and Conditions are incorporated into any contract between a printer and customer for the supply of goods and/or services by the printer to the customer.
In these Terms and Conditions:
“Additional Work” includes all work undertaken by the printer as a consequence of the customer’s variation, alteration or modification of its instructions in relation to the Order;
“Business Day” means a day on which banks are open for general banking business in the State or Territory in which the printer’s premises are located; “Estimate” means the estimate referred to in sub-clause 2.1(b) (as amended in accordance with clause 2.4);
“Freight Costs and Charge” includes all costs and expenses incurred by the printer in removing the Goods from its premises, whether by way of actual or attempted delivery to the customer or otherwise; “Goods” means all present and after acquired goods produced by the printer under an Order;
“GST” means Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Interest Rate” means a rate2% higher than the Cash Target Rate as fixed by the Reserve Bank of Australia;
“Order” means the work required to be done in order to fulfil the customer’s instructions;
“Preliminary Work” means any and all work performed by the printer at the customer’s express or implied request, the performance of which work was necessary to enable the Order to be commenced and which work was not within the reasonable contemplation of the printer at the time when the printer supplied the Estimate;
“Printer’s Charge” refers in each case to the standard or usual fee charged by the printer from time to time in respect of the Order;
“Quote” means the quote described in clause 2.1.
In these Terms and Conditions, unless the context otherwise requires:
(a) the singular includes the plural and vice versa;
(b) a reference to a clause is a reference to a clause of these Terms and Conditions;
(c) a reference to a party to these Terms and Conditions or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns;
(d) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
(e) a reference to a period of time (including, without limitation, a year, a quarter, a month and a day) is to a calendar period.
In these Terms and Conditions, headings are for convenient reference only and do not affect interpretation.
1.5 Business Day
If the day on which any act, matter or thing is to be done under this agreement is not a Business Day, that act, matter or thing:
(a) if it involves a payment other than a payment which is due on demand, must be done on the preceding Business Day; and
(b) in all other cases, may be done on the next Business Day.
2.1 Printer to supply quote
The printer may if, requested by the Customer, give the customer a quote specifying:
(a) the work required to be done in order to fulfil the customer’s instructions;
(b) an estimate of the printer’s charge for the performance of such work.
2.2 Acceptance by customer
Where the printer has given the customer a Quote:
(a) The printer need not commence work until the Quote has been accepted by the customer.
(b) The customer may accept the Quote by instructing (orally or in writing) the printer to commence work.
(c) Acceptance by the customer of the Quote, whether express or implied, will constitute acceptance by the customer of these Terms and Conditions.
2.3 Quote evidence of instructions
If the Quote is accepted by the customer, the subject of the quote (the work) shall be carried out and the customer shall pay for the work in accordance with the Quote and these Terms and Conditions.
2.4 Printer may revise Estimate
The printer may amend the Estimate before the Order has been completed to take into account any rise or fall in the cost of performing the Order and the printer shall notify the customer of such amendment as soon as practicable thereafter. Upon the printer giving the customer notification of such amendment such amended estimate shall be and be deemed to be the Estimate for the purposes of these Terms and Conditions.
Subject to clause 5.3, when the Order has been completed, the printer will issue an invoice to the customer for the amount of the Estimate or, if no Estimate was made, for an amount representing the Printer’s Charge for the work done in filling the Order, and for any of the other charges specified in clause 3.2.
3.2 Additional Charges
In addition to the amount of the Estimate, or where no Estimate was given, in addition to the amount representing the Printer’s Charge for the work done, the printer may charge to the customer:
(a) fees for any preliminary work performed at the customer’s request;
(b) fees for additional work required to be done as a result of the customer changing his, her or its instructions;
(c) fees for having to work from poor copy;
(d) fees for work which involves tables or foreign language and which was not notified to the printer before the Quote was prepared;
(e) fees for additional work required to be done as a result of author’s corrections, including repagination or reformatting;
(f) fees and other charges for work required to be done urgently, including any overtime costs;
(g) fees for handling or storing material or equipment supplied by the customer for the purposes of the Order;
(h) fees for changing or correcting, in order to ensure that the Goods are properly produced, any plates, film, bromides, artwork or any document including computer files supplied for the purposes of the Order by the customer;
(i) freight costs and charges;
(j) other charges, fees or disbursements referred to in these Terms and Conditions and not specified in this clause.
The printer shall notify the customer when the Goods are ready for collection.
The customer must collect the Goods from the printer’s premises upon being notified by the printer that the Goods are ready for collection. If the printer agrees to deliver the Goods the customer shall bear all freight costs and charges of such delivery.
Subject to clause 7.1 the customer may only reject the Goods if they do not comply with the customer’s instructions. If the customer wishes to reject the Goods, the customer must notify the printer of the rejection:
(a) if the printer agrees to deliver the Goods to the customer’s premises –within 7 days of delivery (or such other time as is mutually agreed);
(b) otherwise – within 7 days of notification that the Goods are ready for collection (or such other time as is mutually agreed).
The risk in the Goods passes to the customer:
(a) if the printer delivers the Goods to the customer’s premises – at the time of delivery;
(b) otherwise – at the time the printer notifies the customer that the Goods are ready for collection.
If the customer is entitled to reject the Goods and rejects the Goods in accordance with these Terms and Conditions, risk reverts to the printer at the time the customer notifies the printer that the Goods are rejected.
5.1 Time for payment
Payment shall be COD unless otherwise stated in writing.
5.2 Method of payment
Payment for the Order is to be made by the customer by cash, cheque credit or any other form of payment as agreed by the printer and the customer. Unless otherwise stated, all payment shall be in Australian Dollars.
The printer may charge interest at the Interest Rate on amounts not paid within the time specified in clause 5.1.
5.4 Advance and progress payments
(a) The printer may issue an invoice for the amount of the Estimate before commencing the Order where the printer has not previously carried out work for the customer or where the printer considers it otherwise prudent to do so;
(b) The printer may, in the event that the printer is of the view that completing the Order will take more than a month, at any time before the Order is completed, issue one or more invoices for a proportion of the amount of the Estimate (the proportion to be at the printer’s discretion) and require that proportion of the Estimate to be paid in advance of any further work being done.
(c) If the Order is suspended for more than 30 days at the request of the customer or as a result of something for which the customer is responsible, the printer may issue an invoice for a particular sum (to be specified by the printer) for the work already done and for other costs incurred by the printer (such as storage costs).
The customer must pay to the printer any costs, expenses or losses incurred by the printer as a result of the customer’s failure to pay to the printer all sums outstanding from the customer to the printer (including, without limiting the generality of the obligation set out in this clause, any debt collection and legal costs).
6.2 Retention of title
(a) Until the customer has paid all amounts outstanding in relation to
the Goods and any other goods supplied by the printer to the customer, title and property in the Goods shall not pass from the printer to the customer.
(b) If the Goods are in the customer’s possession, the customer shall hold the Goods as trustee for the printer and must store the Goods so that they are clearly identifiable as the property of the printer.
(c) The printer may call for and recover possession of the Goods (for which purposes the printer’s employees or agents may enter the customer’s premises and take possession of the Goods without liability to the customer) and the customer must deliver the Goods to the printer if so directed by the printer.
(d) The customer may, in the ordinary course of the customer’s
business, sell the Goods to a third party but:
(i) the proceeds of sale to the third party shall be held by the customer as trustee for the printer and the customer shall account to the printer for those sums; and
(ii) if the printer requires, the customer shall assign to the printer the customer’s claim against the third party and shall execute all documents necessary to effect that assignment.
6.3 General lien
The printer shall, in respect of all sums owed by the customer to the printer hereunder, have a general lien on all property of the customer in the printer’s possession and may, after 14 days’ notice to the customer, sell that property and apply the proceeds (net of any sale costs) in satisfaction of all or any part of the sums owed. In the event that any of the customer’s property held by the printer as aforesaid enjoys copyright protection in favour of the customer, the customer hereby grants to the printer a licence to exercise the rights conferred on the printer under this clause.
If the printer submits to the customer a proof of the Goods the printer will not be responsible for any errors in the Goods which appeared in the proof and which were not corrected by the customer before the Order was completed.
7.2 Non-excludable Rights
The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the customer in relation to the provision of the Goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”).
7.3 Disclaimer of Liability
The printer disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of the printer for a breach of a Non-excludable Right is limited, at the printer’s option, to the supplying of the Goods and/or any services again or payment of the cost of having the Goods and/or any services supplied again.
7.4 Indirect losses
Notwithstanding any other provision of these Terms and Conditions, the printer is in no circumstance (whatever the cause) liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the customer for:
(a) any increased costs or expenses;
(b) any loss of profit, revenue, business, contracts or anticipated savings;
(c) any loss or expense resulting from a claim by a third party; or
(d) any special, indirect or consequential loss or damage of any nature whatsoever caused by the printer’s failure to complete or delay in completing the Order or to deliver the Goods.
7.5 Electronic data
Without limiting the generality of the foregoing clauses, the printer will not be liable to the customer for loss, however caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to the printer.
7.6 Customer’s property
Subject to clause 7.5, the printer will not be liable for the damage, loss or destruction of any property of the customer in the printer’s possession unless the loss or damage is due to the failure of the printer to exercise due care and skill in handling or storing the property.
7.7 Force Majeure
The printer will have no liability to the customer in relation to any loss, damage or expense caused by the printer’s failure to complete the Order or to deliver the Goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the printer’s normal suppliers to supply necessary materials or any other matter beyond the printer’s control.
8. GENERAL MATTERS
If the contract between the printer and customer relates to more than one issue of a periodical:
(a) Each issue will, for the purposes of these Terms and Conditions, be considered to be one Order.
(b) Subject to sub-clause (c), a party may not terminate a contract to which these Terms and Conditions apply unless:
(i) in the case of periodicals published weekly or more frequently, that party has given 4 weeks’ notice of that party’s intention to terminate the contract;
(ii) in the case of periodicals published fortnightly or more frequently (but less frequently than weekly), that party has given 8 weeks’ notice of that party’s intention to terminate the contract;
(iii) in the case of periodicals published less frequently than fortnightly, that party has given 13 weeks’ notice of that party’s intention to terminate the contract.
(c) Notwithstanding sub-clause (b), the printer may terminate the contract at any time if the customer is in breach of any provision of these Terms and Conditions relating to payment.
8.2 Alterations to style etc
If, before the Quote is prepared, the customer does not give the printer specific instructions in relation to style, type or layout:
(a) the printer may use any style, type and layout which, in the printer’s opinion, is appropriate; and
(b) the printer may charge an additional amount for any additional work required to be done (including the production of additional proofs) as a result of the customer subsequently altering the style, type or layout used by the printer.
The customer must pay for overset matter (being matter produced on the customer’s instructions but not used in a publication for which it was intended). The customer may instruct the printer to retain overset matter for future issues of the publication or to discard the overset matter.
8.4 Outside work
If the printer has to obtain goods (including typefaces, bromides, film, plates, ornaments or artwork) and/or services not normally stocked or supplied by the printer from a third party in order to carry out the customer’s instructions:
(a) The printer will not be liable for any breach of these Terms and Conditions if that breach is a result of or is connected with the supply by the third party of such goods and/or services.
(b) The printer acquires such goods and/or services as agent for the customer and not as principal and will have no liability to the customer in relation to the supply of those goods and/or services. Any claim by the customer in relation to the supply of those goods and/or services must be made directly against the third party.
(c) The customer must pay for such goods and/or services.
(d) Property in any such goods obtained from a third party and incorporated into the Goods passes to the printer at the time of incorporation.
8.5 Material supplied by customer
If the printer and the customer agree that the customer is responsible for supplying materials or equipment for the purposes of the Order:
(a) The customer must supply sufficient quantities of materials to allow for spoilage, such quantity to be specified by the printer.
(b) The printer will not normally count or check the materials and if requested by the customer to do so, may charge for counting or checking.
(c) The printer will not be responsible for any defects in the Goods which are caused by defects in or the unsuitability of materials or equipment supplied by the customer.
(d) Property in any materials supplied by the customer and incorporated into the Goods passes to the printer at the time of incorporation.
8.6 Property left with printer
If the customer leaves property in the printer’s possession without specific instructions as to what is to be done with it, the printer may, 12 months after gaining possession of the property, dispose of or
sell the property and retain any proceeds of sale as compensation for holding and handling the property.
8.7 Responsibility to insure
The printer has no obligation to insure any property of the customer in the printer’s possession. The customer must pay the cost of any insurance arranged by the printer at the request of the customer.
8.8 Ancillary materials
Unless the printer and customer agree otherwise, drawings, sketches, paintings, photographs, designs, typesetting, dummies, models, negatives, positives, blocks, engravings, stencils, dies, plates or cylinders, electros, stereos, discs, tapes, compact discs, or other media or data and other material produced by the printer in the course of or in preparation for performing the Order (whether or not in fact used for the purposes of performing the Order) are the property of the printer.
(a) Copyright in all artistic and literary works authored by the printer shall be the property of the printer.
(b) The customer:
(i) warrants that the customer has copyright in or a licence to authorise the printer to reproduce, all artistic and literary works supplied by the customer to the printer for the purposes of the Order and the customer hereby expressly authorises the printer to reproduce all and any of such works for the purposes aforesaid;
(ii) hereby indemnifies and agrees to keep indemnified the printer against all liability, losses or expenses incurred by the printer in relation to or in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright in such literary and artistic works supplied as aforesaid; and
(c) The customer is hereby granted a non-exclusive licence to use the copyright in any literary and/or artistic works authored by the printer for the purposes of the Order. However the exercise of such licence shall be conditional upon the printer having received all monies due to the printer under these Terms and Conditions.
The customer must keep confidential and not use any ideas communicated by the printer to the customer without the printer’s written consent.
8.11 Electronic/magnetic media
All disks, tapes, compact disks or other media (other than media supplied by the customer) used by the printer to store data for the purposes of completing the Order are the property of the printer. The customer cannot require the printer to supply to the customer any data so stored. In the event that the printer does supply any data so stored or created the printer may charge for supplying such data to the customer.
8.12 Storage of electronic data
The printer will not be responsible for storing any data on disks, tapes, compact disks or other media when the Order has been completed. If the printer agrees to store such data, the printer may charge for doing so.
8.13 No Waiver
A power or right is not waived solely because the party entitled to exercise that power or right does not do so. A single exercise of a power or right will not preclude any other or further exercise of that power or right or of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
8.15 Governing law and jurisdiction
These Terms and Conditions are governed by the law in force in the State or Territory in which the printer’s premises are located and the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions.
9 GOODS AND SERVICES TAX
9.1 All amounts are GST inclusive amounts
Unless otherwise stated, all amounts expressed or described in these Terms and Conditions are GST inclusive amounts.
9.2 Out of pocket expenses are GST inclusive
All out of pocket expenses referred to in these Terms and Conditions are GST inclusive out of pocket expenses.
9.3 Printer to assist Customer
The printer will do all things reasonably available to it to assist the customer to claim on a timely basis any input tax credits (if
any) the customer may be entitled to claim for any acquisition of goods and services from the printer. This includes the printer maintaining its registered status for GST purposes, and issuing tax invoices for supplies made under these Terms and Conditions on a timely basis as reasonably requested by the customer.
10. Personal Property Securities Act
10.1 Security Interest
The customer acknowledges and agrees that:
(a) these Terms and Conditions give rise to a security interest and constitute a security agreement for the purposes of the Personal Property Securities Act 2009; and
(b) the security interest is taken in all Goods previously supplied by the printer to the customer (if any) and all Goods that will be supplied in the future by the printer to the customer during the continuance of the parties’ relationship.
The customer undertakes to:
(a) sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which the printer may reasonably require to register a financing statement on the Personal Property Securities Register;
(b) reimburse the printer for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register;
(c) give the printer not less than 14 days’ prior written notice of any proposed change in the customer’s name and/or any other change in the customer’s details.
10.3 Verification Statement The customer waives any rights to receive notice of any verification statement issued under the Personal Properties Securities Act.
11. Data Collection
CANVAS FINE PRINT P/L collects personal information from customers during interactions driven by them via our website, hard copy forms and telephone or in-person meetings so that we can provide them with the requested product or service. The information may also be used with customers inferred or express consent for marketing and promotional purposes.
The information collected includes customer name, company name, address and contact details and will not be disclosed to any third parties without your knowledge or consent unless those third parties are acting as our agents. If you do not provide this information we may be unable to process your request.
CANVAS FINE PRINT P/L aims to maintain the highest level of security across our own servers and we only work with reputable third party providers who also maintain a high level of security with personal information collected and stored.
This Canvas Fine Print (Website) is operated by Marek Roszczewski and this policy applies to all websites owned, operated, controlled and otherwise made available by Company, its parent, their affiliates and subsidiaries (including, but not limited to, mirrored, co-branded and successor sites). Our office address is:
P.O. BOX 760
CROYDON 3136, VICTORIA
We may be reached via email at email@example.com or via phone at 0431 150 488.
Like many websites, we gather information about how visitors use this Website. We also gather information about you from services other than a website including, but not limited to, the telephone, internet, mail and trade shows. In general, you can visit many of the web pages on this Website without telling us who you are or revealing any personal information about yourself. We, however, may track your Internet Protocol (IP) address and other anonymous information from your web browser for trends and statistics (including, but not limited to, browser version, pages requested and pages visited), but you will remain anonymous unless you provide us with personal information during your visit to this Website or during an earlier or subsequent visit and we are able to link your IP address between your current visit and one of these other visits.
In addition to anonymous information, we also collect personal information from you at this Website when you voluntarily submit it to us. We request personal information from you (which may include your name, address, telephone number, email address, gender, year of birth, and when necessary, credit card information) when you:
- Complete a service request or registration, survey, application or other form;
- Purchase a product or service from us or from one of our vendors, suppliers or other agents;
- Sign-up to receive email newsletters or other correspondence;
- Submit materials to this Website;
- Submit a comment to this Website;
- Participate in a promotion, contest, sweepstakes or similar promotional activity;
- Request a catalog or other materials from us; and/or
- Request e-mail, fax, mail or telephone support or services.
We also collect information about your activities on and through this Website from our third party business partners, suppliers, vendors and other agents.
You may choose not to provide us with any personal information. In such event, you can still access and use many portions of this Website; however, you will not be able to access and use those portions of this Website or the services available on or through this Website that require your personal information.
We may use the information we collect to:
- Customize and/or personalize your communications, surfing, viewing, shopping and/or website experience;
- Better respond to your customer service inquiries;
- Communicate with you about your purchase, account information, or customer service needs;
- Communicate with you about our products and events, and for other promotional purposes;
- Improve our business;
- Administer contests, promotions, surveys or other website features;
- Provide technical support to you; and
- Perform any other lawful acts except for those acts expressly prohibited by the terms and conditions set forth herein.
Except as expressly set forth herein, we do not loan, give away, sell, distribute or rent your personal information to any third party.
We will disclose your personal information to third parties if you have previously consented to such disclosures and in special circumstances, including, but not limited to, the sale of the Company or any portion thereof; during the due diligence in connection with a potential sale of the Company or any portion thereof; during any bankruptcy, insolvency or liquidation of the Company; or in other similar circumstances.
For the purpose of operating our business and providing you with certain services and products and to process your purchases, shipments and payments, we may disclose your personal information to one or more of our business partners, distributors, suppliers, affiliates, service providers or other third parties who are assisting the Company in performing such services. Without limiting the foregoing, these third parties may provide the Company with payment processing, shipping, data management, email distribution, live text chat, email response, market research, information analysis, and promotions management services. We provide such parties with the personal information they need to perform their respective services and we use commercially reasonable efforts to require them to safeguard your personal information and limit their use of it.
We may also provide aggregated, non-personally identifiable information to third parties for any legal purposes whatsoever.
Protecting Your Information
We use commercially reasonable efforts to safeguard and secure your personal information while stored on our computer systems. We use a variety of industry standard security measures, including encryption and authentication tools, to maintain the confidentiality of your personal information. Your personal information is stored behind industry standard firewalls and is only accessible by a limited number of persons who are authorized to access such systems, and are required to keep the information confidential. Regardless of these efforts by us, no system connected to the internet can be guaranteed to be 100% secure.
We use commercially reasonable effort to safeguard and secure the transmission of your personal information from your computer to our computers. Regardless of these efforts by us, no data transmission over the public Internet can be guaranteed to be 100% secure.
Cookies and Pixel Tags
- Remember the items you purchased;
- Recognize you when you return to this Website;
- Enable you to use our one-click checkout;
- Present relevant content to you when you visit this Website;
- Analyze visitor behavior; and
- Facilitate other similar types of activities.
You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your web browser settings. If you turn cookies off, you won™t have access to many features that make your visit to this Website more efficient and enjoyable, and in some cases, some of our services will not function or will function with limited capability.
We also may use pixel tags “ tiny graphic images “ to help us analyze your online behavior and information about visitors to this Website and our customers. Pixel tags also allow us to send you email in a format you can read and let us know when you have opened an email message from us.
Refer a Friend
If a user elects to use our referral service for informing a friend about our site, we ask them for the friend™s name and email address. The Company collects the email address of your friend for the purpose of automatically sending the friend an email inviting them to visit the site.
Children™s Online Privacy
We do not knowingly collect personal information from children under the age of 13. This Website is not intended to solicit information of any kind from children under the age of 13, and we have made commercially reasonable efforts to design this Website to prevent our knowing acceptance of any such information.
It is possible that by fraud, deception or error, we may receive information pertaining to children under the age of 13. If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of personal information belonging to a child under the age of 13, please do so by contacting us using the contact details or contact form on the Contact Us page of this Website.
Email Marketing Practices
We use commercial reasonable efforts to comply with applicable e-mail regulations.
Chat Rooms and Forums
This Website may now or in the future include web logs (i.e., blogs), chat rooms, forums, message boards, and/or news groups. Any information that is disclosed in these areas becomes public information. You should exercise caution before disclosing your personal information via these public venues, which you do at your own risk. If you do so, you may receive, among other things, unsolicited emails or spam from others. The Company cannot safeguard the privacy of personal information that is disclosed online in this manner.
Unsubscribing, Removing or Modifying Your Information
We want to communicate with you only if you want to hear from us.
To modify or delete any or all of the personal information you have provided to us, please login and update your profile.
You may unsubscribe from receiving emails from us at any time by using the link included at the bottom of each email communication. You may also unsubscribe by sending us an email by using the contact form on the Contact Us page.
In some limited circumstances, such as to resolve disputes, troubleshoot problems and enforce our Website Terms and Conditions of Use Agreement, we may retain in our files information you have requested to remove. Further, your personal information is never completely removed from our databases due to technical constraints and the fact that we back up our systems. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your requests.
We reserve the right to send you certain communications related to this Website that are considered part of your account, such as technical alerts, without offering you the opportunity to opt out of receiving them.
Phishing is the illegal attempt to mislead people into providing personal or financial information, including credit card numbers, login IDs, passwords and Social Security numbers, via email or through fraudulent websites. The most frequent phishing attacks occur through email disguised to appear as though it came from a reputable company. Most phishing attempts urge you to update or validate your account information, typically through a link in an email directing you to a fake website that appears to be legitimate.
Do not provide your personal or financial information in response to an email request or after clicking on a link from an email. The Company does not ask for this type of information through an email communication.
To help protect your computer and personal information, make sure you have current anti-virus and firewall software installed on your computer and update such software on a regular basis. Also, please review your credit card statements carefully and verify that all transactions are authorized and report any discrepancies immediately to your credit card company.
Some sections of this Website may require you to set up a user ID and password. We recommend that you do not divulge your password to anyone. The Company will never ask you for your password in an unsolicited telephone call or email. If you suspect you have received a fraudulent email from the Company or any of its affiliates, please contact us immediately by using the contact form and or email on the Contact Us page of this Website.
Terms and Conditions of Use
The Company has a Terms and Conditions of Use that sets forth the terms and conditions under which we provide products, services and information to you from this Website. Please review the terms and conditions governing your use of, and access to, this Website. It is your responsibility to read, understand and comply with the terms and conditions set forth therein.
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