Digital Graphic Supplies Pty Limited – On Line Store Terms & Conditions, to be read in Conjunction with our General Terms & Conditions – available upon request.
Definitions and Acceptance
1. This On Line Store ("On Line Store") is owned and operated by Digital Graphic Supplies Pty Ltd (ABN 32 149 332 767). References to “DGS” within this document and On Line Store means Digital Graphic Supplies Pty Ltd (ABN 32 149 332 767), its successors and assigns.
2. Access to the secure areas of this On Line Store is restricted to:
a. Persons and businesses who are authorised customers of Digital Graphic Supplies ("Customer"), and b. Internet access providers who provide their subscribers with access to the world wide web ("IAP"). Access by any other person or business to the secure areas of this On Line Store is strictly prohibited.
4. The Customer's use of, and/or access to, this On Line Store also confirms its agreement to all of our Terms and Policies, which may be amended from time to time.
General Commercial Terms
1. This On Line Store is provided for the purposes of allowing the Customer to do the following with an industry standard web browser (referred to collectively as the "Authorised Purposes"):
a. access as presented on this On Line Store to information about DGS, the terms of the relationship between the Customer and Digital Graphic Supplies, and the goods and/or services presented on this On Line Store, and b. communicate to Digital Graphic Supplies the Customer's desire to purchase goods and/or services presented on this On Line Store. The Customer must use this On Line Store solely for the Authorised Purposes.
2. Application to become a Member on the On Line Store is subject to online application on the On Line Store, verification, and approval by Digital Graphic Supplies. Approval is at the sole discretion of CF Products. Upon approval, Customers will be provided with a login and password, which the Customer may use to gain access to the secure areas of this On Line Store.
3. Any On Line Store Member is deemed to have accepted Digital Graphic Supplies General Terms & Conditions as well as Digital Graphic Supplies On Line store Terms & Conditions. If Customer does not agree to Digital Graphic Supplies General Terms & Conditions or Digital Graphic Supplies On Line Store Terms & Conditions please do not attempt to register to become a Member.
6. If the Customer wishes to retain a hard copy of any order it places on this On Line Store, the Customer may print the relevant order confirmation as provided for on this On Line Store using any industry standard web browser. The presentation of an order confirmation on this On Line Store indicates only that the relevant order has been received by Digital Graphic Supplies.
7. The decision by Digital Graphic Supplies whether or not to accept or fulfill any order will be based inter alia upon the Customer's account and credit status at the relevant time. Digital Graphic Supplies reserves the right to delay or cancel any order at any time (including at the time of fulfillment) based on the Customer's account or credit status.
8. If the Customer wishes to cancel any order, it must do so be telephoning its Digital Graphic Supplies customer sales representative or account manager. Orders may normally be cancelled within 30 minutes of placement, but no order will be cancelled after it has left Digital Graphic Supplies premises for shipping regardless of when this occurs. Cancelled orders may incur a handling fee of 25% of the value of the goods.
9. Digital Graphic Supplies Returns Policy & Procedure will apply to all items that the Customer wishes to return.
10. The Customer expressly authorises Digital Graphic Supplies to communicate with it via e-mail regarding any order the Customer places on this On Line Store, the Customer's account and/or credit status and other confidential information including the password which the Customer must enter to access this On Line Store. Digital Graphic Supplies will send such e-mails to the e-mail address specified by the Customer at the time of account opening or as otherwise advised by the Customer to Digital Graphic Supplies either expressly in writing signed by an authorised representative of the Customer or on the registration documentation which the Customer submits to Digital Graphic Supplies as part of its application to gain access to this On Line Store.
Intellectual property and restrictions on use of Content
1. All information, text, material, graphics, software and advertisements on this On Line Store ("Content") are Copyright © 2011 CF Products, its suppliers and/or licensors unless expressly indicated otherwise by Digital Graphic Supplies. The Content is protected by Australian and international copyright and trademark laws. Content on the Network is published in real-time, and no one may modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on this On Line Store or expressly authorised in writing by Digital Graphic Supplies.
3. The Customer acknowledges and agrees that all Customer account and pricing information, the login and password constitute the confidential information of Digital Graphic Supplies, and the Customer must not disclose this information to any third party without the prior express written authorisation of Digital Graphic Supplies.
The Customer must inform Digital Graphic Supplies immediately if it discloses any confidential information in any manner contrary to the terms of this Agreement.
i. To the extent that a Product supplied under these Terms is a software Product then, in addition to these Terms, that Product will be supplied subject to the terms and conditions of the relevant licence agreement applicable to it.
ii. Software licence agreements may be packaged with the software, may be separately provided to Customer for execution or may require on-screen acceptance or on-line download by Customer. Customer agrees to use the software Product in accordance with the terms and conditions of the relevant licence agreement.
iii. Where the term "supply" is used in these Terms to refer to a software Product, such term means the sale and purchase of the licence to use that software Product.
Digital Graphic Supplies have numerous courier services available to ensure fast and efficient deliveries. Delivery costs will be calculated on the size / weight of the items and the postcode of the delivery address, and noted on the order from prior to acceptance. Digital Graphic Supplies may make part deliveries of any order, and each part delivery will constitute a separate supply of the Products upon these Terms.
Product Information, advertising and links to third party On Line Stores
1. This On Line Store contains information on goods and services which the Customer may purchase including inter alia product descriptions and specifications. All product information and stock availability has been provided by the relevant original equipment manufacturer and/or vendor and/or distributor and/or supplier and not Digital Graphic Supplies, and Digital Graphic Supplies has included it on this On Line Store as a convenience only. The Customer should confirm all product descriptions and specifications with the relevant original equipment manufacturer or vendor before purchase, and confirm stock availability with Digital Graphic Supplies.
2. This On Line Store may contain hyperlinks and pointers to other web sites operated by third parties. These linked web sites are not controlled by Digital Graphic Supplies, and Digital Graphic Supplies is not responsible for the contents of any linked web site or any hyperlink contained in a linked web site. The hyperlinks are provided as a convenience only, and the inclusion of any hyperlink on this On Line Store does not imply any endorsement of the linked web site by Digital Graphic Supplies, its affiliates or their directors or employees. The Customer links to any such web site entirely at its own risk.
3. This On Line Store may contain third party advertisements (including banner ads, partial and full page advertisements) which may contain embedded hyperlinks or which include referral buttons to web sites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and must not be construed as either recommendations or endorsements by Digital Graphic Supplies, its affiliates or their directors or employees. The Customer is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
4. In some instances, the advertisement may contain representations or offers by the third party advertiser which the Customer may accept by linking to the advertiser's On Line Store and executing the relevant transaction. Such offers are made by the third party advertisers and not Digital Graphic Supplies, and the third party advertisers are solely responsible to the Customer for the delivery of any goods or services the Customer purchases on the third party On Line Stores.
Disclaimer and limitation of liability
1. The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on the Customer in relation to the provision by Digital Graphic Supplies of this On Line Store (including the various functions contained on this On Line Store) which cannot be excluded, restricted or modified ("Non-excludable Rights"). Digital Graphic Supplies does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
2. Except as provided for by the Non-excludable Rights: a. this On Line Store (including all Content and functions) is provided "as is" and without warranties of any kind, either express or implied, b. Digital Graphic Supplies and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c. Digital Graphic Supplies does not warrant that any functions on this On Line Store (including inter alia the Customer's access to this On Line Store) will be uninterrupted or error-free, that any defects will be corrected or that this On Line Store or the server which stores and transmits Content to the Customer or any other person accessing this On Line Store are free of viruses or any other harmful components, d. Digital Graphic Supplies does not warrant or make any representations regarding the Customer's access to, or the results of the Customer's access to, this On Line Store (including any related or linked On Line Stores) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
3. Under no circumstances (including but not limited to any act or omission on the part of Digital Graphic Supplies) will Digital Graphic Supplies or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this On Line Store or any Content.
4. To the fullest extent permitted by law, Digital Graphic Supplies liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Digital Graphic Supplies to the following: in the case of services supplied or offered by Digital Graphic Supplies,
i. the supply of the services again, or
ii. the payment of the cost of having services supplied again; and in the case of goods supplied or offered by Digital Graphic Supplies,
i. the replacement of the goods or the supply of equivalent goods,
ii. the repair of such goods,
iii. the payment of the cost of replacing the goods or acquiring equivalent goods, or
iv. the payment of the cost of having the goods repaired.
2. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.
3. All rights not expressly granted herein are reserved.
Trademarks of Digital Graphic Supplies and its affiliates
All trademarks on this On Line Store, registered or otherwise, are trademarks of their respective owners.