TERMS & CONDITIONS OF TRADE

Introduction

1. This document outlines the terms and conditions governing the trade between Pack N Mark Pty Ltd (“Pack N Mark”) and the customer (“Customer”). The Customer intends to place an order to purchase products from Pack N Mark, and by accepting the order, Pack N Mark agrees to supply the Products to the Customer under these terms and conditions.

Ordering

(a) The Customer may place an order for one or more Products, subject to a minimum purchase of $55 (inclusive of GST).

(b) Upon acceptance of an order by Pack N Mark, the Customer agrees to purchase the Products specified in the order at the designated Purchase Price.

(c) Pack N Mark reserves the right to decline any order at its discretion.

Purchase Price and Delivery

(a) The Customer agrees to pay the Purchase Price, which includes delivery fees, at the time of order acceptance.

(b) In the event that Pack N Mark does not accept an order, it will make reasonable efforts to promptly refund any amounts already paid by the Customer for that order.

(c) Pack N Mark or its authorized representative will deliver the Products to the Delivery Address provided by the Customer at the time of order. If there is no one present at the Delivery Address during the delivery, the Customer consents to the Products being left unattended whenever possible.

(d) Delivery of Products under clause 3(c) is free to Metro Sydney, Brisbane, Melbourne, Adelaide, and Perth for all orders of $110 (inclusive of GST) or more. For orders below this threshold, delivery charges will apply as specified on the Website or based on the delivery cost charged to Pack N Mark by its freight provider.

(e) The Customer must pay the full Purchase Price within 30 days upon issuance of the official Invoice.

Taxes

(a) The Customer is responsible for paying all applicable stamp duty, taxes, duties, government charges, and similar obligations imposed in Australia or overseas in connection with these terms and conditions.

(b) The Purchase Price for a supply made under these terms and conditions, including Products from the ‘Household Non-ABN Catalogue,’ includes Goods and Services Tax (GST).

(c) If a supply made under these terms and conditions is subject to GST, Pack N Mark must provide the Customer with a Tax Invoice for that supply. Pack N Mark warrants that the supply to which the Tax Invoice relates is a Taxable Supply, and it will remit the GST stated on the Tax Invoice to the Australian Taxation Office.

Products

(a) The Customer must use the Products strictly in accordance with the applicable Specification.

(b) The Customer acknowledges and agrees that the color of the Products as shown on the Website may vary due to computer monitor settings, and the actual appearance of the Products may vary over time.

Returns and Refunds

(a) In addition to the provisions in clause 7, if the Customer is not satisfied with a Product, it may request a replacement or refund by contacting Pack N Mark within 31 days of the Order date.

(b) Pack N Mark may, at its discretion, arrange for the collection of the Product from the Customer’s nominated address stated in the Order. Upon receipt, Pack N Mark may choose to replace the Product or provide a refund of the Purchase Price for that Product.

Ownership and Risk

(a) The Products delivered by Pack N Mark to the Customer remain the property of Pack N Mark until the Customer has paid the Purchase Price in full, including all outstanding amounts.

(b) The Customer assumes the risk associated with the Products from the time they are dispatched by Pack N Mark.

(c) Until full payment is made, the Customer agrees that Pack N Mark, or its agents, have the right to enter the Customer’s premises or any other premises where the Products are located to recover possession of the Products.

Privacy Policy

(a) Pack N Mark will handle all personal information collected in connection with these terms and conditions in accordance with its privacy policy, available on the Website.

(b) By accepting these terms and conditions, the Customer agrees to the terms of Pack N Mark’s privacy policy.

Governing Law

These terms and conditions are governed by the laws of the State of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of that State.

Severability

If any provision of these terms and conditions is held to be illegal, invalid, or unenforceable, then that provision will be severed from these terms and conditions, and the remaining provisions will continue in full force and effect.

By placing an order with Pack N Mark Pty Ltd, the Customer agrees to be bound by these terms and conditions.