Terms and conditions
Welcome to www.probags.com.au, owned and controlled by ProBags Pty Ltd., having its registered office at Unit 3, Kendall Street, Harris Park, Sydney, NSW 2150.
This Terms and Conditions shall be a Legally binding agreement between you the User (‘You’, ‘your’, ‘User’, including all its grammatical Variations) and ProBags Pty Ltd. (‘Company’, ‘We’, ‘Our’, ‘Us’, with all its grammatical variations), and this Terms of services shall be construed to be in absolute compliance with all the statutory or other laws dealing with digital contracts and hence don’t need a physical signature.
These Legal Terms of Service (the “Terms of Service”, “User Agreement”, “Terms”, “Agreement”) as set forth herein, are legally binding terms and Conditions for your use of the website www.probags.co.au (the “Website”), all of the content, applications, products and services offered from time to time by, on or through the website www.probags.co.au (collectively the “Services” and all of its content, applications, products and services offered from time to time, including any content, materials, products or services which are delivered to you via email or other forms of delivery, are referred to herein as the “Services”).
In addition to complying with these Terms and Conditions, you agree to comply with any and all applicable laws with respect to your use of the Website. By accessing, visiting and/or using the website, you acknowledge that you have read, understand and agree to be bound by these terms and conditions.
- DEFINITIONS AND INTERPRETATION
- ACCESS AND USE OF THE SITE
- INFORMATION ON THIS SITE
- ORDER AND FORMATION OF CONTRACT:
- FAULTY PRODUCT RETURNS:
- DISCLAIMER AND LIABILITY:
- MEDIATION AND DISPUTE RESOLUTION:
- DEFINITIONS AND INTERPRETATION:
In these Terms and Conditions unless the intentions appear to be contrary:
- Account means the account that you will need to register for on the Site if you would like to submit an Order on the Site in accordance with clauses 1 and 3 of these Terms and Conditions;
- Breach of Duty means the breach of any
- Obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
- The common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
- Business Day means a day which is not a Saturday, Sunday or a public holiday in Sydney Australia;
- Company means ProBags Pty Ltd., having its registered office at Unit 3, Kendall Street, Harris Park, Sydney, NSW 2150 and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors;
- Confirmation of Order means our email to you, in which we accept your Order;
- Contract means the sale of goods agreement between you and us for the supply of products you have ordered in accordance with this Terms and Conditions;
- Delivery means the process in clause 4 of these Terms and Conditions;
- Delivery Fee means any charges you are liable to have the products delivered to the address provided by you;
- GST means the Goods and Services Tax;
- Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to these Terms and Conditions shall be deemed to include any collateral contract);
- Order means the order submitted by you to the Site to purchase products from us.
- Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
- Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
- Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
- References to “includes” or including or like words or expressions shall mean without limitation.
- ACCESS AND USE OF THE SITE:
II.I. You must only use the Site in accordance with these Terms and Conditions and any applicable law.
II.II. You must not (or attempt to):
- interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or networks that host the Site;
- use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
- interfere (or attempt to interfere) with security-related or other features of the Site.
II.III. To place Orders and access some features of the Site, you must register an Account with us. To register an Account, you must:
- Give us accurate and current personal information including your name, address, and a valid email address.
- You must be at least 18 years old and have the capacity to enter into a legally binding agreement with us.
II.IV. You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorized activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
II.V. You must not use another person’s Account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorized use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).
II.VI. We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.
II.VII. You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to;
- in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
- in a way that is illegal or unfair.
Note: Any logo/picture/artwork used on this website is of mockup representation of our clients and any bag picture belonging to ProBags Pty Ltd and its affiliated partners/vendors cannot be used without written consent of ProBags Pty Ltd
Any client does not want their artwork to be displayed on this website please write us at firstname.lastname@example.org from the account email which was used to place an order.
- INFORMATION ON THIS SITE:
III.I. The Site and the content on the Site are subject to copyright, trademarks, and other intellectual property rights. These rights are owned by or licensed to The Company.
III.II. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.
III.III. Information about goods on the Site is based on material provided by third-party merchants, suppliers, and product manufacturers. Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
III.IV. Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in color) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.
- ORDER AND FORMATION OF CONTRACT:
IV.I. When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.
IV.II. Once You select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including GST and any other charges, including any, Unless otherwise stated all charges are in Australian Dollars.
IV.III. You are required to provide the Artwork which is required to be printed on the product in vector format, failure of which may incur redesigning charges of $ 39.99, excluding GST and other applicable taxes which you shall be liable to pay in addition to such redesigning charges. However, ProBags reserves the right to waive such redesigning charges in its sole discretion, but you shall not be entitled to claim the waiver of such redesigning charges as a matter of right.
IV.IV. You must pay for the Order in full at the time of order by one of the payment methods we provide on the Site. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the product and carry out security checks from time to time. You must note that only after the realization of full payment by the Company, the manufacturing of your ordered product will be initiated.
IV.V. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer service immediately. However, no request for cancellation will be entertained after expiry of 24 hours from the time when the product was ordered.
IV.VI. When you place an order, you will receive from us a Confirmation of Order by e-mail. This email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to You until we have accepted Your Order. We may in our discretion refuse to accept an Order from You for any reason, including but not limited to: unavailability of stock or we may offer you an alternative product (in which case we may require you to re-submit Your Order);
V.I. After the realization of payment in full and decorator mockup approval, the Dispatch Date will be calculated on the basis of quantity, quality, and other contributing factors. The Dispatch Date will be communicated to you in due course through your email or posting a notice on your user dashboard on the website.
V.II. We aim to dispatch the products to you on the dispatch date in accordance with the calculations under section “V.I” above, but we cannot guarantee any firm Dispatch Dates and we shall not be liable for any delay in delivery because of factors beyond our control (Force Majeur), including but not limited to lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events). However, in case of any delay in the dispatch beyond the Dispatch Date, our production team will strive to notify you of such delay at the earliest possible opportunity.
V.III. You may grant us an 'authority to leave' when placing your Order. If you do, you understand and agree that this authority to leave gives us and/or our couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge's desk, or as per your instructions – of the delivery address without obtaining a signature confirming delivery at the delivery location. In these circumstances, you understand and agree that by granting us the authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended and that this responsibility and liability transfer to you on delivery.
V.IV. You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
- charge you for our reasonable storage fee and other costs reasonably incurred by us; or
- no longer make the product available for delivery or collection and notify you that we are cancelling the applicable Contract, in which case we shall not liable to issue any refund to you.
V.V. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
V.VI. Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
V.VI. You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
VI.I. We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the product.
VI.II. If you wish to cancel your order, please contact our Customer Service Team via http://www.probags.com.au/contact/. No cancellation fees will apply. Once an order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the Returns Policy.
VI.III. Under no circumstances, the products which are printed in pursuance of your order will be exchanged or returned, except in the case of damaged delivery.
VII. FAULTY PRODUCT RETURNS:
VII.I. We aim to provide you with Products of the highest standard and quality. If you have received a Product with a defect, please contact us via http://www.Probags.com.au/contact/ as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for a preliminary assessment.
VII.II. If the Product is confirmed to have a defect, we will fix the Product at your request. If the Product is found not to have a defect or deemed out of warranty, we will ship the Product back to you.
VII.III. It does not constitute a defect, if, in our reasonable opinion, the Product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
VIII. DISCLAIMER AND LIABILITY:
VIII.I. This clause prevails over all other clauses, and, to the extent permitted by law, states our entire Liability, and your sole and exclusive remedies, for:
- the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them);
- otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
VIII.II. Nothing in these Terms and Conditions excludes or limits your statutory rights as a consumer or our Liability for
- death or personal injury caused by our Breach of Duty;
- any breach of the obligations implied by law; or
- any other Liability which cannot be excluded or limited by applicable law.
VIII.III. In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.
VIII.III. Subject to clause 9.3:
- To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site;
- We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
- You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
- It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
- We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
- To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our services or these Terms and Conditions.
- Our total Liability under any Contract shall in no circumstances exceed,
- in the case of Products, the replacement of the Products or the supply of equivalent Products, the repair of the Products, the payment of the cost of replacing the Products or of acquiring equivalent Products, or the payment of the cost of having the Products repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your breach of any law or the rights of a third party.
XI.MEDIATION AND DISPUTE RESOLUTION:
In the event of any dispute under these Terms and Conditions, the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with these Terms and Conditions which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.
XII.I. Entire agreement: These Terms and Conditions contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms and Conditions except as expressly stated in these Terms and Conditions. However, the service and products are provided to you under our operating rules, policies, and procedures as published from time to time on the Site.
XII.II. Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms and Conditions to any person.
XII.III. Force majeure: We shall not be liable for any breach of our obligations under these Terms and Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
XII.IV. No waiver: No waiver by us of any default of yours under these Terms and Conditions shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms and Conditions.
XII.V. Notices: Unless otherwise stated within these Terms and Conditions, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office.
XII.VI. Third party rights: All provisions of these Terms and Conditions apply equally to and are for the benefit of The Company, its subsidiaries, any holding companies of The Company its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms and Conditions may be varied or rescinded without the consent of those parties).
XII.VII. Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
XII.VIII. Severability: If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable, the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
XII.IX. Governing law: These Terms and Conditions (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.
XII.X. Change of the Terms and Conditions: We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.