Website Conditions of Sale
All purchases made through this Website are subject to the following terms and conditions.
Website Conditions of Sale – www.opalpackagingplus.com
All purchases made through the Website are subject to these conditions of sale (Conditions of Sale). You will be deemed to have accepted these Conditions of Sale upon processing an Order on the Website.
Account Holder means You have registered as a customer on the Website, and You have a credit trading account with Opal.
Australian Consumer Law means Schedule 2 (Australian Consumer Law) of the Competition and Consumer Act 2010 (Cth).
Delivery Address means the delivery address nominated by You and/or populated by You in Your Order.
Goods means any goods purchased by You through the Website.
Guest means You are not an Account Holder.
Opal, us or we means Specialty Packaging Group Pty Ltd (ABN 48 005 319 666) trading as Opal Packaging Plus.
Order means an order submitted by You on the Website for the purchase of Goods.
Purchase Price means the purchase price for the Goods.
You means any person who may purchase one or more Goods on the Website (Your has a corresponding meaning).
Website means the website available at www.opalpackagingplus.com.
The minimum cost for any Order on the Website is $50 including GST (excluding any applicable delivery fees). Opal cannot currently accept Orders for less than this amount.
Placement of Orders through the Website
To place Orders through the Website, You can do so as an Account Holder or as a Guest. If You have created an account through the Website, You warrant that all information and data provided by You is accurate, complete and up to date. You must promptly notify Opal if there is any change to this information. You must take responsibility for the safekeeping of Your username and password.
To purchase Goods through the Website, You must add the desired Goods to Your online shopping cart.
Once You have finalised the contents of Your shopping cart, follow the prompts on the Website to finalise Your Order. If you are an Account Holder, You must select the “Pay Securely Now” button to process Your Order. If you are a Guest, You must pay for the Goods using one of the nominated payment methods on the Website to process Your Order.
Once You have submitted Your Order in accordance with the process set out above, and You receive an email confirming that your Order has been received, this will constitute a binding contract between You and Opal for the delivery of Goods in accordance with these Conditions of Sale (the Contract).
The Contract is legally binding on You and Opal, and cannot be cancelled or varied unless in accordance with these Conditions of Sale or the parties agree otherwise in writing. The Contract includes these Conditions of Sale, the details set out in the shopping cart and checkout pages, the Order and is at all times subject to any terms that cannot be excluded by law (such as under the Australian Consumer Law).
Change or cancellation of an Order
If You wish to make changes to Your Order or cancel Your Order, please contact Opal via the contact details on the Website, and the team will discuss any available options with You.
Purchase Price and Payment
You must pay Opal the Purchase Price for the Goods and any applicable delivery fees.
The Purchase Price for the Goods, and any delivery fees or other charges shown on the Website are in Australian dollars and are inclusive of GST.
The Purchase Price for the Goods is the price displayed on the Website at the time You finalise Your Order at the checkout. Slight price variances may occur due to decimal rounding computation.
You agree to pay for:
- any artwork, designs, stereos, blocks engravings or modifications included in any Contract, in addition to the agreed Purchase Price; and
- any experimental or preliminary work agreed to be provided by Opal.
If You are a Guest, the Purchase Price must be paid for at the time of Order.
If You are an Account Holder, You will be required to pay the Purchase Price within the payment terms applicable to Your trading account with us.
The status of an Account Holder can be temporarily deactivated due to late payment or any other reason in Opal’s absolute discretion. If Your account has been deactivated or put on hold, You will not be able to transact with Opal on the Website.
If You are an Account Holder, once You process Your Order, an invoice will be created which will be sent to You via email.
If You are a Guest, Your Invoice will be created and sent to You with Your Order.
Delivery of Orders
Opal will deliver the Goods to Your Delivery Address.
In the event that a Good that You Order is not available, or Opal is otherwise unable to fulfil Your Order, we will notify You to arrange an alternative Good, a backorder, or a full refund/credit.
The Goods will be packed in accordance with Opal’s standard practice and procedures, and the cost of packing is included in the Purchase Price.
Delivery costs will be separate to the Purchase Price and will be calculated based on a combination of factors including delivery requirements, Goods ordered, destination, weight and subtotal of Your Order.
Orders for fibre packaging (including cartons) may be subject to a delivery tolerance of +/- 10%.
Once the Goods are delivered to You, You are responsible for their use, storage, handling, and maintenance. Opal is not responsible to the extent that Goods are used, stored, handled or maintained incorrectly or inappropriately after delivery to You.
You acknowledge that the Goods are sold to You for Your use only.
Returns for defective Goods
In the unlikely event that a Good You receive from us has manufacturing defects or is otherwise faulty, You may request a replacement or a refund/credit by contacting Opal via the contact details on the Website.
You must notify Opal of such defective Goods within twenty-one (21) days after receipt of the Goods. You acknowledge that Opal may extend the twenty-one (21) day limit if Goods have latent defects, that is, where a Good contains defects that You could not have reasonably detected at the time of delivery. In such cases, You must notify Opal within fourteen (14) days of discovering the defect.
If Opal considers that Your notification of the Goods being defective has been made in good faith, we will arrange for collection of the relevant Goods from the Delivery Address.
If You are an Account Holder, Opal will either replace the Goods, or provide You with a credit against Your account for the amount of the Goods that were defective.
If You are a Guest, Opal will either replace the Goods, or provide You with a refund for the amount of the Goods that were defective.
This clause and these Conditions of Sale do not limit Your rights or Opal’s obligations under the Australian Consumer Law.
Returns for change of mind
You acknowledge that if You request a refund where the Good is not defective (for example due to a change of mind, ordering of the wrong Good or similar), You must notify Opal within twenty-one (21) days of delivery.
Opal may decline to accept the return where the Goods have been opened, used, damaged, or are in such a condition that we cannot sell them to other customers. When You return a Good, we will examine the returned Good and will confirm by email whether we will provide a credit/refund or exchange within a reasonable period of time.
All returns where the Good is not defective or faulty will incur a re-stocking fee.
Customised Goods will not be accepted for return unless they are defective or faulty.
The processes set out in this clause are in all cases subject to the rights You may have under the Australian Consumer Law.
Suitability of Goods
You acknowledge that You have read the information about the Goods contained on the Website and have formed Your own view as to whether the Goods are suitable for Your needs.
You acknowledge that the Goods may appear differently to how they appear on the Website, depending on the device and screen through which You access the Website. Colours in particular can vary widely from screen to screen.
Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. To the extent permitted by law, all other terms, conditions, warranties and representations expressed or implied by statute, common law, equity, trade, custom or usage are expressly excluded.
Future Availability of Goods
Opal is committed to providing quality Goods that meet our customers’ needs, but we cannot guarantee that the Goods You purchase will continue to be available for purchase in the future. If a Good becomes unavailable, please contact us to see what we can do.
Opal will not be responsible or liable for any Goods to the extent that the Goods are:
- made or performed to designs, drawings, specifications or procedures or with any materials which are provided or approved by or on behalf of You; and
- used, stored, handled or maintained incorrectly or inappropriately after delivery to You.
It is Your sole responsibility to ensure that materials, designs, drawings, specifications and procedures provided by or on behalf of You, to be used by Opal in manufacturing and supplying Goods are correct, appropriate and comply with all applicable laws.
Risk and Title
Risk in any Goods supplied to You through the Website passes to You immediately upon delivery or collection of the Goods (as applicable).
Legal and equitable title in the Goods is retained by Opal until Opal receives payment in full for the Purchase Price, delivery costs and any applicable taxes in accordance with these Conditions of Sale.
If Opal and You agree that Opal will use Your materials or intellectual property to manufacture the Goods pursuant to a Contract, You must grant to Opal an irrevocable, royalty-free, worldwide, non-exclusive licence, to use Your materials or intellectual property to the extent required to perform its obligations under a Contract.
Opal will not be in default or breach of these Conditions of Sale or a Contract, and will not otherwise be liable to You, for any delay or failure to perform arising from an event which is outside Opal’s reasonable control and includes but is not limited to natural disasters, acts of terrorism, industrial disturbances, riots, revolutions, civil commotion or epidemic.
To the maximum extent permitted by law, Opal’s liability in connection with any Order, Contract or these Conditions of Sale or the supply of (or failure to supply) Goods to You will be limited to:
- the replacement of the Goods or the supply of equivalent goods; or
- the repair of such Goods; or
- the payment of the cost of replacing the Goods or acquiring equivalent goods.
To the maximum extent permitted by law, Opal will not be liable to any person or entity for any direct, indirect, consequential or other loss or damage (however caused, including due to negligence), which may arise out of, or in connection with these Conditions of Sale, a Contract or the supply of Goods by Opal to You.
Warranties and acknowledgement
You represent and warrant to Opal that at all times:
- You are duly authorised to permit Opal to use the trade marks, copyright material and any material You specifically request Opal to use on or in connection with the Goods; and
- Opal’s use of the trade marks, copyright material and any material You specifically request Opal to use on or in connection with the Goods will not infringe the intellectual property rights of any party and will not breach any law.
If You are unable to resolve a complaint or dispute with Opal’s Customer Service Team in relation to Your Goods, You may submit Your complaint to firstname.lastname@example.org and we will do our best to investigate Your complaint.
Changes to the Conditions of Sale
Opal reserves the right to amend these Conditions of Sale at any time without notice. Any amendment will come into effect from the time posted on the Website, except that any Orders placed prior to this time will be subject to the Conditions of Sale in place at the time of Order. Your use of this Website after any amendment constitutes an agreement by You to comply with and be bound by the amended Conditions of Sale. Accordingly, You should read these Conditions of Sale from time to time for changes.
Severance of clauses
Any part of these Conditions of Sale being a whole or part of a clause, shall be capable of severance without effecting any other part of these Conditions of Sale. If any provision of these Conditions of Sale or a Contract are unenforceable or void either in whole or in part for any reason, then that provision (or part) is deemed to be deleted without in any way affecting the validity or enforceability of any other provision.
These Conditions of Sale shall be governed and construed in accordance with the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction in Victoria, Australia, and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
This Website may be accessed throughout Australia and overseas. Opal makes no representations that the content of this Website complies with the laws of any country outside Australia. If You access this Website from outside Australia, You do so at your own risk and are responsible for complying with the laws in the place where You access the Website.
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