1. Compliance with Terms
1.1. You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and Laneway Promos (LWP) for the supply of Products.
2. Placing Orders for Products
2.1. You acknowledge that all Products purchased under these Terms are intended for promotional purposes pertaining to a business or for personal non-commercial use only and will not be re-sold.
2.2. From time to time, LWP may restrict the quantity of Products that can be purchased in one Order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or otherwise advised to you.
2.3. LWP will not be liable to you for loss you or any third party suffers for a delay or failure to process your Order or deliver Products due to inaccurate or incomplete details provided in an Order.
2.4. You agree to obtain consent to provide LWP with Personal Information and or company information of recipients of gifts or Products Ordered by you.
2.5. You may Order from LWP if you are aged 18 years or over, and have an active email account or a telephone number at which you can be contacted.
2.6. If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can orders many Products as you wish in one Order.
2.7. LWP reserves the right to accept or reject your Order for any reason at any time. If LWP rejects your Order you will receive a refund of any money paid.
3. Availability of Product
3.1. From time to time, some Products may be out of stock or are unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will contact you to discuss your options such as a refund of the price paid for the Products impacted.
3.2. We may withdraw or suspend from sale any Product displayed on the Website, either temporarily or permanently, at any time. LWP will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Product, unless 3.3 applies.
3.3. Where a Product that is the subject of an Order has been withdrawn or suspended from sale and your payment for the Product has already been processed, we will refund any money paid to us under clause 7.
3.4. LWP reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, under clause 7, and LWP will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.
3.5. If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.
3.6. You acknowledge and agree that:
3.6.1.All pictures and images of Products displayed are for illustrative purposes only;
3.6.2.Any accessory featured with the Products is for illustrative purposes only, and is not sold separately; and
3.6.3.Where we provide dimensions and measurements in the description of a Product, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Product is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Product).
4.1. LWP may from time to time offer a Sample of a Product to Customer. This is at the discretion of LWP and is not available on all Products.
4.2. Where there is a cost to LWP to provide the Sample, LWP will invoice the customer the same amount of the Sample and freight. This invoice will have a separate Purchase Order to the final Order and is payable prior to dispatch of the Sample.
4.3. Where multiple or repeat Samples are offered, the cost to LWP for each and every Sample and respective freight will be invoiced to the Customer.
4.4. The customer acknowledges that while the Sample may produce a quality standard, that there may be some discrepancies in the final Order to the Sample. LWP reserves the right not to refund Orders based on mis-match of the Order to the Sample.
5. Artwork Approval
5.1. LWP will provide an Artwork Approval by email to all Customers for each individual Product at each Order. The Approval will include a deadline in order to meet the required delivery date. It is the Customerâ€™s responsibility to meet this deadline. No compensation will be provided for late Approvals.
5.2. LWP will not commence Production until the Customer has approved the Artwork Approval.
6.1. Delivery times are noted at time of purchase and reconfirmed in email confirmation. Delivery times will vary for each product and apply to the product. Therefore, in some cases, orders with multiple products may have multiple delivery dates. You won’t be charged any more for delivery in that instance.
6.2. We may from time to time offer a free delivery. This is at our discretion and will be communicated to affected customers.
7. Price and Payment
7.1. When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
7.2. All Prices are in Australian Dollars and, if GST applies, exclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also exclude GST where applicable.
7.3. LWP reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Products at that Price (unless your Order is affected by a pricing error, in which case clause 3.4 will apply).
7.4. Payment methods are specified on the Website or told to you at the time you place your Order. They include credit card or PayPal. The name on any credit card used for payment must match the name on the Order. There are no other options for payment.
7.5. Any payment for an Order must be cleared by LWP before Products are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
7.6. In paying or attempting to pay for Products, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
7.7. Lay-by is not available for Orders.
8. Restricted Products
8.1. If you Order Products that are or contain Restricted Products, you:
8.1.1. Warrant that you are aged 18 years or over;
8.1.2. Acknowledge that it is against the Law to sell or supply the Restricted Products to, or obtain the Restricted Products on behalf of, a person under the age of 18 years (where relevant); and
8.1.3. You warrant that you are not obtaining the Restricted Products on behalf of a person under the age of 18 years.
8.1.4. Where LWP has reasonable grounds for believing you have not complied with the above clause, LWP may cancel your Order and refund any money paid to us in respect of your Order. LWP may, at its discretion, charge you a fee to cover its administrative costs.
9. Order cancellations and returns
9.1. Unless provided for under these Terms or as otherwise agreed by LWP, no cancellations or changes to Orders will be accepted, and the Products will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it.
9.2. If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
9.3. Delivery Fees will not be refunded if you return Products for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.
9.4. Products can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.
9.5. LWP will process any refunds within a reasonable time of agreeing to do so.
9.6. If the original payment was made on a credit card, refunds will be processed on the same card as the original payment was made.
9.7. For more information on returns, please see the LWP Returns Policy
10. Product Recalls
10.1. If a Product is subject to a Product Recall, a notice will be posted in the Product Recall notice section of the Website. You can return recalled Products as instructed in the Product Recall notice.
10.2. You consent to us contacting you or the gift recipient, using the personal information provided on your Order, to notify you of a product recall by telephone, email or SMS.
11. Promotions and discounts
11.1. Offers may include a promotional or coupon code (Code) for use when placing an Order. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. Any Code is non-transferable, cannot be posted on a forum or website and may not be used with other offers.
11.2. Certain offers are subject to additional terms (as specified with the offer).
11.3. All references to times in promotions are based on the local time in Melbourne, Australia unless stated otherwise.
13. Risk and Liability
13.1. Risk and title in the Products passes to you on the date and time of delivery of the Products by the Delivery Agent
13.2. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
13.3. LWP may provide an additional warranty in addition to your Consumer Law rights and remedies. Any warranties given provide you with benefits in addition to the Australian Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase.
13.4. LWP excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
13.5. You represent and warrant to LWP that LWP will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
13.6. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
14.1. We may, at our discretion, terminate the agreement for the supply of Products to you:
14.1.1. For convenience, at any time, on giving notice to you; or
14.1.2. Immediately if LWP reasonably believes that you have breached these Terms and:
14.1.3. That the breach is not capable of remedy; or
14.1.4. If you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
15.1. These terms apply to the ordering, purchase and delivery of Products from the website www.lanewaypromos.com.au, and form a contract between you and LANEWAY PROMOS ABN 41 602 814 915.
15.2. These Terms may be amended from time to time and will apply to all of your Orders. The date of last change to these terms will be displayed on the website. Only when significant changes occur will we communicate directly with customers using the current filed contact details.
15.3. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
15.4. A failure or delay by LWP to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by LWP does not preclude its future exercise or the exercise of any power or right.
15.5. The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Melbourne, Victoria.
If you have any questions, please contact us.
The following definitions apply to these Terms.
Artwork Approval is a form sent to the Customer by email detailing the printing of their image onto the Product they have ordered. The form needs to be signed and returned in order to commence Production.
Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Delivery Address means the address to which the Products are to be delivered, as stated on your Order.
Delivery Agent means a third party delivery or shipping company engaged by LWP to deliver Products.
Delivery Fee means a fee for the delivery of Products â€“ see clause 9.
GST has the meaning given in A New Tax System (Products and Services Tax) Act 1999 (Cth).
In-Store Order means an Order placed on your behalf by a LWP team member within selected LWPstores using a tablet or other electronic device. Only valid when paid by the customer in store
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Products from LWP under these Terms through the Website
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Product as specified on the Website.
Products means the items offered for sale on the Website.
Production is the process of printing your image onto your product by our third party partners.
Restricted Products means Products subject to restrictions on sale in particular jurisdictions, including Products that may not be sold to minors (such as knives, alcohol and tobacco).
Returns Policy means the LWP Returns Policy.
Website means the sites available from www.lanewaypromos.com.au
We, Us, Our and LWP means LANEWAY PROMOS ABN 41 602 814 915
You and Your means you as the Purchaser or Customer of Products from LWP pursuant to these Terms.