These general terms and conditions are applicable to all agreements and legal relationships between you and Avery Products Pty Ltd, ABN 38 000 065 065 (Avery) trading as Prime Labels concluded through the use of the website https://primelabels.com.au/
A contract to supply the requested product is formed on these Terms once Prime Labels has accepted the order you request by clicking the “Pay Now” button and making payment. Prime Labels is not obliged to accept any order and is not obliged to supply any goods unless it has accepted the order.
2. Layout and content
You are 100% responsible for the accuracy of your layouts. Please proofread all layouts and order information carefully prior to submitting your approval for your order. Prime Labels reserves the right to refuse to print any material that Prime Labels determines, in its sole discretion, is immoral, illegal or inappropriate for any reason. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements. Prime Labels’ fully automated production process does not allow any corrections or changes to your layout after the order has been confirmed by pressing the “Pay Now” button. For more information refer to our FAQs.
Prime Labels will reproduce colour from submitted digital files as closely and accurately as possible, but cannot guarantee to exactly match colour and density because of limitations in the printing process, as well as neighbouring image ink requirements. To the maximum extent permitted by law, Prime Labels accepts no responsibility whatsoever for colour variations between submitted images and the actual artwork or product they represent. You must supply data in the format, and in accordance with the instructions, specified on our website. You acknowledge that failure to do so may affect the quality of the goods we supply including as to colour representation.
You should also note that your computer monitor’s calibration affects the colours displayed on your monitor’s screen. The colours on the printed products may differ from what you see displayed when viewing your layout via the online final approval process. The online proof only presents the design layout, text accuracy, image proportion and placement, but not colour or density.
Any quote generated at https://primelabels.com.au/will remain valid for 7 days from the time you save it in your cart. Changes to the product quoted will result in a revised price. The use of any discount code is subject to the terms of the discount offer. Prime Labels is not obliged to honour a quote or supply any product if there is an error in the price quoted. In those circumstances, you will be contacted to confirm your agreement to proceed with the order at the revised price. If we are unable to contact you within a reasonable period of time, Prime Labels will cancel your order and refund any payments already made.
The fees for Prime Labels products and services, which include the cost of processing, printing, and shipping and taxes, are due and payable together with the submission of an order. Prime Labels requires pre-payment on all orders. Payment must be made as specified on the website or as otherwise agreed in writing with Prime Labels. Any amount due to Prime Labels, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. You are responsible to reimburse Prime Labels for all collection costs, legal fees and interest, arising out of or related to your non-payment. Prime Labels remains the owner of the products until having received full payment for all fees due for the order you placed and Prime Labels may choose not to deliver the products until all payments have been cleared. Prime Labels may be required to collect and remit taxes or duties on all invoices and/or deliveries.
5. Refunds & Cancellation
We use high standards of care in the handling your order. If you are not satisfied with any aspect of your order, please contact us directly so that we have the opportunity to fix any issues. As all products are made to your specific order, once the order has been placed with Prime Labels, we are unable to take returns of non-defective products because of problems such as spelling, grammatical errors, or selected finish made during the design stage, or low quality images uploaded by you. Therefore, please double check the accuracy of your design prior to submitting your order.
If you select the “proofs” service, you are entitled to cancel your order within 7 days of delivery of the proofs by notice of your cancellation by email to firstname.lastname@example.org. Prime Labels will refund any fees already paid by you excluding the fee for proofs within 10 business days of the notice of cancellation.
All other orders are non-cancellable.
6. Production Time & Delivery
Estimated delivery times are not guaranteed and depend upon the delivery service you select. Your order may arrive late due to unforeseen delays in delivery service or transit, natural disaster, the breakdown of equipment, bad weather, or other matters outside of our control. Prime Labels is not liable for damage caused by service carrier. In case you need to contact us, please have your order number (in the subject line of an email or on the outside of a package/envelope) ready to help us process your request faster. Prime Labels delivers products to Australia and New Zealand via UPS.The standard delivery times are estimated 8-12 business days from dispatch. Business days are defined as Monday-Friday (excluding public and bank holidays). Cut-off time is 1pm AEST/AEDST. Orders placed after 1pm AEST/AEDST will be treated as having been placed the next business day. The above delivery times are estimations and may vary. Prime Labels does not guarantee delivery times. Prime Labels is not responsible if products cannot be delivered because the address you gave us is wrong or incomplete or if there is no one at the address to accept delivery and the carrier will not leave the products at the address given. Please inspect the products on receipt. In case of damaged shipments please contact Prime Labels within three days, either by phone AU: 1800 954 777 NZ: 0800 228 379 or by email email@example.com. You are responsible for complying with all reasonable directions in relation to dealing with and possible return of damaged products. Prime Labels is not liable for any damage arising once the products have been delivered to you or arising out of your handling, storage or other negligent act.
7. Infringement Indemnification and Warranty, Limitation of Liability
You agree to indemnify and hold Prime Labels and its parent company, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys’ fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary, privacy or data protection right of any person or entity or any other law. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s), graphics, materials or text (Works) being reproduced on the product you have ordered. You acknowledge and understand that copyrighted materials or trademarks do not per se have to bear a copyright or trade mark notice in order to be protected by law. You also warrant and represent that no copyright, trademark or other intellectual property rights notice has been removed or altered in any manner from any Works used in preparing your content for reproduction by Prime Labels.
Except as expressly set out in this agreement, and subject to any terms, guarantees, warranties or conditions that by law may not be excluded, all representations conditions, guarantees, warranties, terms and obligations implied by law or otherwise relating to the products or services you have ordered or the supply of those products or services by Prime Labels under this agreement are excluded. If Prime Labels is liable for breach of an imposed term, guarantee, warranty, representation or condition, our liability is, at our option, limited to:
(a) the replacement or repair of the ordered products or the supply of equivalent products; (b) the supply of the services again or the supply of replacement services; (c) the payment of the cost of replacing or repairing the ordered products or acquiring equivalent products; (d) the payment of the cost of resupplying the services or the supply of replacement services.
17.3 To the maximum extent permitted by law, the aggregate liability of Prime Labels, with regard to any order shall not be greater than the total amount of fees payable by you to Prime Labels under the order for its products and services. In no event will Prime Labels be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. Further, Prime Labels is not responsible for failure to perform or delay in performing any obligation under these Terms if the failure or delay is caused by circumstances beyond Prime Label’s reasonable control, including third party telecommunications failure.
8. Ownership & Limited Use
By placing an order with Prime Labels, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with Prime Labels and; (ii) are authorizing Prime Labels to print such order on your behalf. Copyright in any Works supplied to Prime Labels by you do not transfer in any manner to Prime Labels. Any additional materials created by Prime Labels in the production of an order, (including but not limited to: design layouts, colour scans, fonts, high resolution digital files) are and shall remain the sole property of Prime Labels. Digital files of a Prime Labels assembled layout can be obtained upon your written request and by payment of the applicable fee for such files. Digital files will NOT be sold by Prime Labels or traded to any other party. Prime Labels reserves the right to reprint and distribute your finished product as an example of a Prime Labels product for any and all promotional purposes. This promotional distribution may include but is not limited to Prime Labels’ and its affiliates’ marketing materials, including on websites, catalogues, emails, and any other medium that Prime Labels considers desirous. Your consent to this is deemed on order. You can withdraw your consent to your product being distributed as samples or used in promotional materials by sending a written request to Prime Labels at the following email address: firstname.lastname@example.org. Prime Labels will use its reasonable endeavours to retain its design files to enable re-order of the product for 36 months after the first order. It is your responsibility to keep backup copies of any data which you supply in connection with your order. Prime Labels is not responsible for loss or damage to such data.
Prime Labels’ Terms and Conditions of Use/Website are hereby incorporated by reference as though fully set forth herein. Please read them carefully.