TERMS AND CONDITIONS
ABOUT THE WEBSITE
Welcome to focusbanners.com.au (the ‘Website‘). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).
The Website is operated by Focus Banners Media Pty Limited (ABN 99 606 372 749). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Focus Banners. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.
Focus Banners reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Focus Banners updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
WARRANTIES
1. Focus Banners 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 of the Product.
2. You may make a claim under this clause (the ‘Warranty Claim‘) for material defects and workmanship in the Products within 14 days from the date of purchase (the ‘Warranty Period‘).
3. To make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Focus Banners showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Focus Banners at Factory 3, 40 Rene St, Noosaville, QLD, 4565, Australia or by email at info@focusbanners.com.au.
4. When the Warranty Claim is accepted then Focus Banners will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
5.The Warranty shall be the sole and exclusive warranty granted by Focus Banners and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
a. Banner Mesh – Focus Banners agrees to provide printed banner mesh 300gsm with hemmed edge and stainless steel eyelets for use on fencing and scaffold applications. Focus Banners warrants print fading and workmanship for one year following the date of shipment, and from defects in material for 2 years.
b. Focus Banners will replace, free of charge, any product of its manufacture which, at the time is returned to the Focus Banners office, is found to have been defective during the warranty period. The Focus Banners warranty does not cover damage or liability for misuse, abuse, or the improper application or installation of the product. The guarantee is subject to conditions.
c. Any banner that is to be replaced due to banner fault or fade must be returned with no additional cost to the customer.
d. All warranty items that are to be replaced will be reprinted and returned to the customer within two weeks of replacement approval.
e. Any issues that are not covered in this document should be raised with your Focus Banners account manager. All warranty claims are subject to Focus Banners approval.
f. Vinyl Banners – Focus Banners will only warranty vinyl when it affixed to a solid backing such as a wall or wooden hoarding. Vinyl is not permeable so does not allow wind to pass through it. If the correct installation occurs then the warranty above for banner mesh also applies.
9. Warranty exclusions for extreme weather conditions – Focus Banners banners are covered by a 12 month print and 24 month substrate guarantee that covers the print and structure of the banners. The warranty does not cover banners that have been exposed to extreme weather conditions. Please see a list of extreme weather conditions below, accompanied by information provided by the Bureau of Meteorology.
a. Tropical storms
b. Gale force wind gusts or winds greater than 65km/h
c. Bush fires
d. Earthquakes
e. Floods
f. Landslides
g. Tornados
h. Other weather conditions that are deemed abnormal or extreme.
PURCHASE OF PRODUCTS AND RETURNS POLICY
1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed in your quote for the Product (the ‘Purchase Price‘) and that Focus Banners will be entitled to add on GST for any supply in Australia. All prices are subject to change or withdrawal at any time prior to acceptance of an order by Focus Banners.
2. Payment of the Purchase Price may be made through one of the following third party providers:
b. Stripe
c. MasterCard
d. Visa
e. Bank Transfer
3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
4. Payment must be made in full upon receipt of invoice. We will not hold Products against your order or start to manufacture your Products if payment is not made in full or payment is declined by your bank or credit card issuer.
5. It is your responsibility to ensure that you provide accurate details at the time of ordering the Products and you agree that you will be liable for any damage or loss caused by incorrect details that you supply. Focus Banners will not be responsible for any incorrect details that you provide for your order including the following:
a. Name
b. Billing and Delivery Address
c. Phone number
d. Email address
e. Product ordered
f. Quantity of Product
6. Following payment of the Purchase Price being confirmed by Focus Banners, you will be issued with a tax invoice (‘the Tax Invoice’) to confirm that the payment has been received and Focus Banners may record your purchase details for future use.
7. Orders cannot be cancelled or refunds made after payment is processed, such as for example, buyer’s remorse. You will only be entitled to a refund for faulty Products as required by law.
8. It is your responsibility to inspect your Products on delivery and any faults must be processed as follows:
a. For faulty merchandise, you must contact us within 7 calendar days of delivery to report any discrepancies or faults to make a claim otherwise you will be deemed to have accepted the Products. Please contact us by phone or email as follows:
- Phone: 1300 368 978
- Email: info@focusbanners.com.au
b. You are responsible for returning the Products to Focus Banners. Faulty products will only be accepted for credit if returned within 14 days of the date of delivery and must be accompanied by the Receipt and a reason for the return so that we can identify the transaction and assess the legitimacy of the fault.
c. If the reason for the return is faulty signage product (s), we will make reasonable efforts to replace the signage product (s), within 7 to 14 days of receiving the faulty signage product (s), from you.
d. No credit will be allowed for Products that have been used, modified or damaged or where you have not notified us of the alleged default within 7 calendar days of delivery.
e. You agree that any postage and shipping costs will be at your expense. You are liable for any postage and shipping costs associated with any refund pursuant to this clause unless you are legally entitled to claim reasonable postage or transportation costs. To the maximum extent permissible at law, Focus Banners disclaims any liability in respect of inaccuracies or errors in relation to the Products promoted at the Website including where arising out of incorrect information supplied to us or because of any manufacturers or suppliers changing the specifications of Products without notice to us.
9. Other than as required by law, there is no exchange, return or refund on coupons or any special offers. Please refer to the ‘Special Conditions” which are marked on a coupon or special offer.
10. Focus Banners reserves the right to cancel or suspend an order for the purchase of Products on the following grounds:
a. due to the cancellation or suspension of any intellectual property licences or otherwise where Focus Banners suspects or confirms a breach of intellectual property rights; or
b. the inability to authorise or process any payment including a credit card payment.
11. Focus Banners may in its sole discretion elect not to accept an order from you. If your credit card has been charged and Focus Banners has rejected your order, we will issue a credit to your credit card account within 28 calendar days.
12. The prices on the Website are not inclusive of shipping and handling charges unless otherwise depicted. Any prices are in AU$ currency unless stipulated in your local currency.
DELIVERY
1. We ship within Australia and to the overseas countries listed on our Website. Please contact us by email if you require shipping to a country that is not listed on our Website.
2. You acknowledge that the Purchase Services offered by Focus Banners integrate delivery (the ’Delivery Services‘) through the use of third party delivery companies (the ‘Delivery Service Providers‘).
3. In providing the Purchase Services, Focus Banners may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Focus Banners is not the provider of these delivery and insurance options and merely 4. facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
4. In the event that an item is lost or damaged in the course of the Delivery Services, Focus Banners asks that you:
a. contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
b. contact us by sending an email to info@focusbanners.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
5. For metro locations in Australia, please allow 7 to 10 days delivery of Delivery Service Providers after artwork approval. As delivery time is outside of our control, we provide no guarantee that your Products will be delivered within 7 to 10 days.
6. In rural and regional areas of Australia, delivery times may vary.
7. The cost of any delivery and shipping through TNT will be included in the quote provided by Focus Banners.
8. You will be responsible for any sales tax, customs duty or any other taxes and charges levied on the supply by any government and regulatory authority in Australia or worldwide.
9. You accept that any delivery or re-delivery fees you pay are non-refundable except where required by law.
10. A signature upon delivery is required and you will be responsible to arrange for signature at the delivery premises and for collection of any notices for re-delivery or other collection arrangements. You will bear the liability of and cost for any additional charges to carry out re-delivery or multiple delivery attempts.
PRIVACY
Focus Banners takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Focus Banners Privacy Policy, which is available on the Application.
GENERAL DISCLAIMER
1. You acknowledge that Focus Banners does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
2. Focus Banners will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
4. Subject to this clause, and to the extent permitted by law:
a. All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
b. Focus Banners we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5. Use of the Website, the Purchase Services, and any of the products of Focus Banners (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of Focus Banners, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Focus Banners (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Focus Banners) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction,alteration or unauthorised access to records;
b. The accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
c. Costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
d. The Content or operation in respect to links which are provided for the User’s convenience; any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
e. Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
6. You acknowledge that the Products are provided “as is” and specific results cannot be guaranteed. It is your sole responsibility to determine that the Products or any part of the Products meet your needs or is otherwise suitable for the purposes for which it is used. Except where required by law, Focus Banners makes no representations or warranties of any kind, express or implied, concerning the Products including as to satisfactory quality or fitness for a purpose. You or a third party are liable for installation, fitting, removing or any other action in relation to the Products. It is your responsibility prior to purchase to determine whether the Products:
a. are suitable for use on your wall or any other surface;
b. will impact the integrity (structural or otherwise) of the wall or any other surface when fitted;
c. are in compliance with all applicable laws and regulations when fitted, used, removed or any other action in relation to the Products.
7. Focus Banners will not be liable to you for any loss or damage incurred by you or a third party resulting from a fitting or installation or removal or any other action in relation to the Products.
8. Focus Banners will not be liable for any loss or damage arising from any use of the Products including an incorrect use of the Products (including whether direct, indirect, special, incidental or consequential).
9. Some of the information provided on the Website may concern products or services or may be the information of third parties. We are not responsible for the accuracy of this information or the suitability or quality of the products and services of the third parties. You should contact the relevant third party supplier directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services depicted on the Website. 10. The third-party products, services and information are not provided or endorsed by us and your legal relationship is with the third-party supplier. The Website may contain links and other pointers to Internet websites operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites. You link to any such website is entirely at your own risk.
10. From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of our Privacy Policy. Any personal information you provide when registering on the Website may be used, or disclosed, for the purpose of sending you marketing or promotional material about a third party business that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation.
12. To the fullest extent permitted by law, other than as provided in these Terms and Conditions, all other conditions, warranties or other terms implied by statute or common law are excluded from these Terms and Conditions.
