Terms and Conditions of Made to Order
Staples Australia Pty Ltd
IMPORTANT: READ BEFORE YOU ORDER
1. The generation and forwarding of an order by you (the “Customer”) using Staples Made to Order (‘Made to Order’) constitutes an offer to purchase the Products from Staples Australia Pty Limited (“Staples”). All orders are subject to acceptance by Staples, and are otherwise subject to our general terms and conditions of sale.
2. The display of products and prices on Made to Order does not constitute an offer by Staples to unconditionally supply the products at displayed prices. All Products and prices shown are indicative only, and are subject to product availability and price changes.
3. All product descriptions are either provided directly from the product manufacturer, or based upon information provided directly by the product manufacturer. As a reseller only, and to the fullest extent permitted by law, Staples excludes all responsibility or liability for or arising out of any inaccurate or erroneous product description which appears on Made to Order.
4. All intellectual property rights to Made to Order, including design layout, graphics and content belong to Staples. No copying, modification or distribution of the same is permitted without the prior written consent of Staples.
5. Access to Made to Order may be terminated at any time by Staples.
6. Made to Order has been prepared for Australian & New Zealand users only. The Customer represents and warrants to Staples that it is a resident of Australia or New Zealand.
7. Staples accepts no liability for the Customer´s security breaches, unauthorised use of the Customer´s credit card or credit account, fraud, forgery or mistaken or unauthorised orders or payments.
8. Staples shall not be responsible for any errors or omissions contained in or on Made to Order. The Customer relies on the information contained in Made to Order at its own risk. The information in Made to Order is supplied on condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information.
9. Staples reserves the right to make any changes to the information contained in and the layout of Made to Order, including changes to its product range, ordering mechanisms and ordering terms, or to:
A. change its prices or specifications of any Product; or
B. deliver a product which has similar functionality to any product ordered with minor differences in specifications, (“Substitute Product”). The Customer shall be deemed to have accepted such changes and differences if the Customer accepts delivery of a Substitute Product.
10. Except in respect of implied warranties which cannot be excluded by law, Staples does not make any representation or warranty about the accuracy, suitability for any purpose, merchantability of, title to or usefulness of the information on and contents of Made to Order or the products it supplies.
11. Staples shall not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to Made to Order or the information contained or the products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.
1. Scope: All products and services (“Products”) supplied by Staples Australia Pty Limited (“Staples”) are supplied on these terms and conditions.
2. Order Acceptance: No order shall be binding on Staples until accepted by Staples. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Staples of an order from the Customer. Staples reserves the right to accept any order in whole or in part. Where Staples makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Staples.
3. Payment Terms: All credit orders are accepted by Staples subject to satisfactory credit approval of the Customer, and are governed by Staples´ credit terms and conditions in force at the time of order placement, including the right to charge interest. Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products or services supplied is required on delivery. Where credit has been granted, payment for the Products or services is to be made on or before 30 days from the date of invoice, or 15 days from the date of a consolidated monthly statement, whichever is the earlier, except in the case of software licences, where payment must be made within 7 days of invoice date. Payment must be made in full without set off or deduction. Staples will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer.
4. Title to Products: Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Staples. Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer. The Customer grants to Staples, its agents and servants, leave and licence to enter at any time on and into any premises occupied by the Customer to inspect, search for or remove any of the Products. If the Products are sold by the Customer, the Customer acknowledges that such sale is made by the Customer as bailee for and on behalf of Staples, to hold the proceeds of sale on trust for Staples, in an account in the name of Staples, until payment in full for the Products is made to Staples.
5. Delivery: Staples reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Staples.
6. Returns: Staples will accept returns in accordance with the terms and conditions of its then current returns policy available at http://www.staplesadvantage.com.au/returns or upon Customer request.
7. Rules of Conduct apply to user’s use of the services and with respect to any user content. User may not:
A. Upload, post, email or otherwise transmit any user content that is libellous or defamatory, pornographic, sexually explicit, unlawful or plagiarised;
B. Infringe or violate any patent, copyright, trademark, trade secret or other property right;
C. Breach a duty of confidentiality by which User is bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
D. Upload or promote software or services that deliver spam, chain letters or any unsolicited e-mail;
E. Upload anything that contains a Virus;
F. Create a database by systematically downloading and storing content that resides within the services;
G. Engage in commercial activities within the services but outside the Marketplace;
H. Use Made to Order Content to promote any product or service of anyone who competes with the services;
I. Provide false or deceptive information (including but not limited to impersonating any person or entity);
J. Delete, add or otherwise change user content or other content when User has not been granted the privileges to do so; or
K. Allow usage by others in such a way as to violate these Terms of Service.
8. Liability: To the fullest extent permitted by law, Staples excludes all warranties and representations in respect of the supply to the Customer of the Products. Where any of the consumer guarantees under the Competition and Consumer Act 2010 (the CCA) apply to any Products supplied by Staples to the Customer, and the CCA voids or prohibits provisions in a contract excluding, restricting or modifying such consumer guarantees, then, to the fullest extent permitted by law, the liability of Staples under or arising out of the supply of goods and services for breach of, or failure to comply with, any such consumer guarantees shall be limited, at the option of Staples, to:
(a) If the breach or liability relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) if the breach or liability relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
Except to the extent that the law, including the CCA, provides that liability is not able to be excluded, Staples shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data), however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Staples or the failure of Staples to comply with these terms and conditions.
9. Conflicts: Unless otherwise agreed, these terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer´s order. In the event of any inconsistency, Staples will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Staples reserves the right to change these terms and conditions at any time.
10. GST: Staples reserves the right to recover from the Customer all goods and services tax (“GST”) payable in respect of the supply of goods and services to the Customer.
11. Jurisdiction: These terms and conditions are governed by and will be construed in accordance with the laws of New South Wales, Australia and the parties agree to submit to the jurisdiction of the courts of that country.
12. No Waiver: The failure by Staples to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.
1. All personal information collected and stored by Staples Australia Pty Limited (“Staples”) as a result of your use of Made to Order is used by Staples only for the purposes of facilitating the supply of products and services to you, and servicing our relationship with you. It is not disclosed to any third party, except where requested to service you and in service of our relationship with you.
2. Customer contact information may also be used by Staples for some direct marketing purposes.
3. Cookies generated by the use of Made to Order are used to validate access to Made to Order, track navigation paths and facilitate site use. Staples collects statistical information about customers visiting Made to Order. Some of this information is collected by using cookies (for example, customer segments, pages viewed, transactions conducted, and time online). We do not link this information with your identity. We may share this non-personal information with third party web analytic vendors to improve website performance and your shopping experience.
1. Copyright in the design, layout, graphics and other content of this Website belongs to Staples Australia Pty Limited (“Staples”). Copying, modification, reproduction or distribution of the same without the prior consent of Staples is prohibited.
2. Staples is the registered or common law owner or licensed user of the following trademarks and all intellectual property rights associated there with:
3. No copying, modification or distribution of these marks is permitted without Staples’ prior consent. Nothing on this Website may be construed as granting to any user any licence whatsoever in respect of the intellectual property appearing on this Website.
4. Staples makes no representations or warranties that the use of this Website or the information contained herein will not infringe any person’s intellectual property rights.
The parties agree that these Terms shall be governed and construed in accordance with the laws of the State of New South Wales and the parties agree to submit to the jurisdiction of the Courts of that State.
1. Staples shall not be responsible for any errors or omissions featured on this Website. The Website information featured on this website is supplied on condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information.
2. Staples reserves the right to make changes to this Website, including changes to its product range, ordering mechanisms and ordering terms at any time.
3. Except in respect of implied warranties which cannot be excluded by law, Staples does not make any representation or warranty about the accuracy, suitability for any purpose, merchantability of, title to or usefulness of the information featured on this Website or the products supplied.
4. Staples shall not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to this Website or the information contained therein or the products supplied whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.
5. Staples utilises rounding in their pricing. This may cause variances between the single price and the total price displayed.
1. Unless specifically labelled otherwise, and accepted on that basis by Staples, all information provided to Staples in connection with this Website shall be treated by Staples as non-confidential.
2. The contents of this Website have been prepared for Australasian audiences only.
1. Staples accepts no responsibility or liability for the content of any other website which is linked to this website, nor does the existence of such link imply any endorsement, representation or support by Staples.