In these terms and conditions, “we”, “us”, “our” and “VMA” refers to VMA Promotional Products, a division of Visual Marketing Australia Pty Ltd. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Our Website Services
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
- We strive to ensure that our products and services are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any mis-description, we reserve the right to correct any error or omission.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
- Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- We supply and despatch our products & services to customers within Australia only.
- We endeavour to ensure that our products & services list is current however we give no undertaking as to the availability of any product advertised on our website.
- All prices are in Australian Dollars (AUD) and are exclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
- Packaging and postage (if applicable) is an additional charge, calculated at time of purchase.
- When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- We undertake to accept or reject your order within 3 days. If we have not responded to you within 3 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
- Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
- Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page &/or Booking Agreement.
- All risk of loss or damage to the goods passes to you when we dispatch the goods.
- Our quotes are valid for 14 days only. If you decide to accept our quote after that time we reserve the right to re-quote as there is often currency fluctuations or changes in shipping charges.
- Once you accept our Quotation (or Estimate) we will invoice you immediately with a minimum of 50% deposit due within 7 days.
- Any delays in providing us with your content, design, logo or anything else required by us to fulfill our obligation to you may result in additional charges. We would expect to have all material we require within 1 week of your acceptance of our Quote.
- Sometime, due to currency fluctuations, we cannot update our website quick enough so in some cases, our estimate may differ from what we have online. Likewise, with different freight method that may be used, the final price may be more or less than what is included within the pricing of our products on our site.
- Also, currency fluctuations may affect freight charges from time to time and we reserve the right to pass any additional charges on to you, the end customer.
- While we source most of our products direct from the factories overseas, thus saving you money, we can also source products locally as a backup but these are usually at a higher price then what is quoted on our website.
- Our payment terms for all product we provide are ‘payment in advance’ or 50% deposit prior to us placing your order with the balance due on dispatching of your products, prior to delivery.
- All other payments must be paid within 7 days unless otherwise stated in the Quotation ie: on a ‘Payment Plan’ or ‘On Account’.
- Payment is made via Credit Card or Paypal and in some cases a bank transfer for larger ‘one off’ orders only by agreement with VMAPromo Products first.
- By providing VMAPromo Products with your credit card details you also provide us with permission to charge your credit card on or before (usually 3 days) the due date.
- Late fees for overdue payments may be imposed if VMA Promo Products deems it appropriate.
- If no payment has been received by the due date and prior to us ordering your product – it will be deemed that the product is no longer required
- Once your products have been ordered and the manufacturing process started there is no cancellation of your order. At this point full payment will be required even if you no longer want or need your products.
- Non payment of overdue invoices by more than 30 days will be directed to our Debt Collection agency and their fees will be added along with our late fees.
- We offer a variety of shipping options that can be view here. While we make every endeavour to ensure your shipment is delivered within the nominated timeframe, most of this is out of our control. If you need your shipment urgently then you will need to select Air Freight or Split Shipping or we can source from a local supplier and while all these options can be delivered faster, the charges are higher. It is up to you, as our client to ensure you get your orders, information, approvals and payments to us as early as possible to ensure a timely delivery.
- Times may also vary depending on many factors like Christmas, Easter & Public holidays, accidents, industrial action or natural disasters etc. so consideration must be made to get your orders in even early than normal to avoid disappointment.
- Likewise, the Spring or Lunar festival also see the overseas factories shutdown for approx. 2 weeks in late January/early February (timing can vary weeks each year) so this must be taken into account also.
- Also with many flights still not operating due to COVID, you must allow additional times for international freight.
While we spot check to ensure a consistent quality product, small defects on some items (like textiles or fabric for example) can appear and are not considered valid reasons for complaint are:
- Variations of fabric quality (fabric can slightly differ)
- Printing variations (fabric can have lint etc.)
- Colour variations of one model (individual items can slightly differ in colour)
- Shape (items with same sizes can vary)
- Weight of material (can vary slightly)
- Position differences (as some items are hand printed/engraved or embroided so position can vary)
- Printed colour may vary:
Requested printing or embroidery in specific colours should be ordered in accordance with the Pantone Matching System. If the colour is not exactly defined by the customer, the person in charge of embroidering or printing will choose the colour that resembles the wanted colour as closely as possible (however the colour chosen may differ from the original).
All listed variations are unavoidable and are not considered to be a reason for complaint, since the company does not have any influence over them.
Product Returns (if applicable)
- We undertake to replace any faulty products or reimburse you for a percentage of any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” web page where we set out our requirements relating to return of such goods.
- See Orders & Returns Policy for full details.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- Linking our website is not permitted without our consent. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
- From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Limitation of Liability
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- If a Force Majeure event causing delay continues for more than 28 days, we may terminate this Agreement by giving at least 7 days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
- These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.