WEBSITE TERMS AND CONDITIONS OF SALE

These are the Terms and Conditions of Just In Time Packing (ACN 144835576) (“Just In Time Packaging”, “we”, “us”, “our”) on our website located at: www.jitpackaging.com.au (Website), which is owned and operated by us.

Please read these conditions carefully, as they apply to the supply of Goods by Just In Time Packaging to a Customer (“you”) and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.

1. eCommerce

While we take every care to make sure our online store is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue).
Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another).

For clarity, Just In Time Packaging may elect not to accept an Order. If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.

By accepting these Terms, you acknowledge and agree that all brands, types or styles of products published for sale by us are indicative only, and may be replaced by an equal or better product at our absolute discretion. In addition, all dimensions that are published by us are nominal only.
An order which has been accepted in whole or in part by us cannot be cancelled by you without obtaining our prior written approval, which we may refuse in our absolute discretion.

2. Purchase Price and Payment

You agree to pay us the Purchase Price (including delivery fees) listed on the Website (subject of course to the provision above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.

You acknowledge and agree that your payment in full in cleared funds (including any delivery fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.

If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.

We currently accept payments by Credit Card and PayPal. Where you make payment by credit card, you will be liable for any merchant fee applicable to that transaction.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway or processor or credit provider (such as Stripe or PayPal), which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on our Website, please contact them directly.

3. Discounts and Coupon Codes

We may offer discounts or coupon codes from time to time.

Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both).

Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).

Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only.

Coupon codes are non-transferable and are not redeemable for cash under any circumstances.

We reserve the right to revoke any discount offer or coupon code at any time without notice.

4. Order for delivery

At the checkout page you will be provided with an option to select the “Delivery” option for your Products.

We charge a delivery fee for each sale where you select the “Delivery” option, unless otherwise stated on the Website.

We deliver products within Australia only. We use postage and delivery service providers (including Australia Post, Aramex, Couriers Please) and other courier partners to help us get our Goods to you.

Due to the nature of our business, we may consolidate orders where possible from more than one sale. For these orders shipping and handling charges will remain unaltered.

  1. Rates

    You agree to pay to us delivery fees as calculated at checkout.As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your delivery costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).

    Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the delivery fees applicable to orders at any time on notice, and that such notice is given by posting the updated delivery fees on the Website.

  2. Dispatch Timeframes

    We process all orders within 48 hours of receipt of payment. Once an order is processed, we’ll do our best to dispatch orders on the same business day or the next business day.We ask for your patience as this handling period may vary, for example, if we have a high volume of orders.You acknowledge that we’re not liable for any delay in dispatch of your order.

  3. Delivery Timeframes

    Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. As a guide, your orders should arrive within 2 – 7 business days, unless advised otherwise.You are not relieved of any obligation to accept or pay for goods by reason of any delay in delivery. Goods may be delivered by instalments at our discretion.

  4. Delivery Address

    It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement.

  5. Orders Lost in Transit

    When we dispatch your order, we will give you a tracking code for you to track the progress of your order.If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.

  6. Risk

    Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery, unless you’ve given authority to leave unattended. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.

5. Orders for click and collect

At the checkout page you will be provided with an opportunity to select the “Click & Collect” delivery option for some or all of the Products.

There is no additional fee charged to Click & Collect orders.

  1. Service Description

    Our click and collect service allows customers to purchase items online through our Website and collect them from our designated pickup location on the same day of purchase.

  2. Ordering Process

    To use the click and collect service, customers must place an order through our website and select the click and collect option at checkout.Orders must be placed before the specified cutoff time for same-day collection. Orders placed after this time will be available for collection on the next business day.

  3. Collection Process

    Customers will receive an email confirmation once their order is ready for collection. Visiting us prior to receiving a confirmation for collection may result in your item not being ready for collection when you arrive.To collect the order, customers must present a copy of the order confirmation email and a valid form of identification matching the name on the order.Orders must be collected within the designated pickup hours.Orders for collection at a Just In Time Packaging must be collected within 14 days of us giving you notice by email that your order is available for collection. If your order is not collected within this time, we have the right to allocate those goods to another customer and re-order the goods for you.

  4. Product Availability

    All orders are subject to product availability. In the event that an item is out of stock, we reserve the right to cancel the order or provide a suitable alternative.Products marked as ‘special order’, ‘non-stock’, ‘out of stock’ or ‘preorder’ will are not available for same day pick up and require more processing time.

  5. Cancellation and Refunds

    Customers may cancel their click and collect order before it is ready for collection. Refunds will be issued according to our Refund Policy.Once an order is ready for collection, it cannot be cancelled, and refunds will not be provided except where required by law.

  6. Limitation of Liability

    We shall not be liable for any loss or damage arising from the use of our same-day click and collect service, including but not limited to delays, errors, or damages to products during collection.

  7. Modifications

    We reserve the right to modify or terminate the click and collect service at any time without prior notice.

6. Events beyond control

As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

7. Products

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear on the Website. We cannot guarantee that your computer monitors display of any colour will be accurate.

The Products as pictured on the Website may vary from time to time.

All descriptions of products or products pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

8. Advice and information

We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional advice. You should seek appropriate professional advice if necessary. Any reliance on the material on this Website is at your own risk. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that is your responsibility to monitor changes to our Website.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.

9. Refund Procedure

If your goods are damaged or defective in any way on delivery, please contact us at: [email protected] as soon as possible to arrange a suitable remedy, such as return, exchange or refund.

Please note that you are required to inform us of any fault with the goods in the period from delivery until the fault or problem would reasonably be expected to appear. Based on the nature of our products, we estimate this period to be approximately 31 days of the Order date.

If you are not satisfied with a Product, you may request replacement of or a refund for the Product by contacting us at: jitpackaging.com.au, within 31 days of the Order date.

Returns of Goods will only be accepted if:

We reserve the right either to credit the Purchase Price to the you, or to replace the Goods, at our absolute discretion.

Any credit granted by us to you as the result of a return will expire and become unredeemable twelve (12) months after the date of the grant, except as otherwise provided by law.

Custom made packaging, special orders and machinery is not returnable.

For more detail, please review our Returns Policy

10. Personal Information

You will not need to create an account to place an Order, instead you can place an Order via the “Guest Checkout’ function. However, as part of the Guest Checkout process you must provide certain information. Information provided by you must be accurate and complete. You must inform us if there’s a change to your details. You will need to supply us with your name, company name, address, email address, contact details and possibly some other personal information. See our Privacy Policy for more details about this. A failure by you to provide correct and/or accurate personal information to us, or the provision by you of false or misleading information is a breach of this Agreement.

If you do not provide your information to us then you will not be able to complete your purchase transaction. By completing the checkout process. you consent to us collecting, storing, using and disclosing your personal information for purpose of processing and fulfilling your order, in the manner described in our Privacy Policy

You also consent to us collecting personal information and retaining that information in our customer database for use in accordance with our Privacy Policy, which is available on the Website.

11. Liability

In no case shall Just In Time Packaging, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products procured using the Website, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:

We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.

If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer guarantee refunds for change of mind.

To make an ACL-related claim, please contact us at: [email protected]

13. Warranties

Any claims to be made against us for;

must be lodged with us in writing within 7 days of the delivery date.

To the extent permitted at law, all other warranties whether implied or otherwise, not set out in these Terms or in any other warranty statement provided by us are excluded and Just In Time Packaging is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate Customer for:

14. Indemnity

You agree to indemnify, defend and hold harmless Just In Time Packaging and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

15. Intellectual property

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.

16. Dispute resolution

If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in Victoria (unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.

Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).

17. Variation

We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.

18. Severance

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

19. Termination

We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.

20. Jurisdiction

As we are based in Victoria, these terms will be governed by the laws of Victoria. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria and courts of appeal from them.

21. Definitions

“Customer” means the person to or for whom the Goods are to be supplied by Just In Time Packaging

“Goods” means the goods sold to the Customer by Just In Time Packaging and includes any services provided by Just In Time Packaging to Customer.

“Purchase Price” means the list price for the goods in Australian dollars as charged by Just In Time Packaging at the date of delivery or such other price as may be agreed by Just In Time Packaging and the Customer prior to delivery of the Goods, and is exclusive of GST.

“Terms” means these terms and conditions of trade, as amended from time to time by the Just In Time Packaging

This document was last updated: 01/03/2024

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