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Terms

TERMS AND CONDITIONS OF SALE

Finsbury Green Pty Ltd (ABN 52 007 743 151)

These terms and conditions of supply apply to customers (Customer) of Finsbury Green Pty Ltd. By placing an order with Finsbury Green, either via the Website or by other means, the Customer is deemed to have accepted these terms and conditions and that these terms and conditions (together with the terms and conditions in the quotation) override any other terms and conditions.

“Goods” means any and all goods ordered by the Customer from Finsbury Green.
“Website” means www.finsbury.com.au or such other website operated by Finsbury Green.

1. Quotations and Orders

1.1 Quotations are based on the cost of materials available at the time of quotation and Finsbury Green has the right to make any necessary adjustments and correct any errors.
1.2 Quotations are based on the Customer supplying specified material (including acceptance or amendment of proofs) to Finsbury Green on time. Finsbury Green reserves the right to make an additional charge for inadequate material supplied to Finsbury Green, material supplied late or any corrections including colour and file corrections requested by the Customer.
1.3 Where a quantity of items is to be printed, the order/quotation is conditional upon a 5% variation being allowed.
1.4 Any order by the Customer is subject to Finsbury Green’s acceptance and Finsbury Green may decline an order . Finsbury Green reserves the right to supply an order in full or only in part.  All orders made by the Customer must be made in a manner approved by Finsbury and are able to be cancelled only with the agreement of Finsbury Green. If Finsbury Green agrees to the cancellation of an order, Finsbury Green will issue an invoice to the Customer for all costs of any work completed prior to the cancellation.
1.5 Orders made via the Website can only be made by a Customer who has an approved username and password provided by Finsbury Green.
1.6 The Customer is responsible for maintaining the security and confidentiality of the username and password provided by Finsbury Green for the purpose of online ordering.  The Customer is also responsible for all activities associated with its username and password whether performed by the Customer or another person accessing the Customer’s account (including without limitation payment for Goods ordered via the Website).
1.7 The Customer must immediately notify Finsbury Green of any unauthorised use of their account.

2. Variations

If the Customer varies the order after receipt of an invoice, quotation or order placement, Finsbury Green reserves the right to vary the price and present an additional invoice for any extra amount caused by the variation.

3. Payment

3.1 All payments are cash on delivery, unless otherwise agreed in writing.
3.2 Payment will not be deemed to be made until Finsbury Green is in receipt of the full purchase price (including any amount for GST, excise or other tax, imposts or duty including but not limited to any costs associated with the introduction of any carbon or emissions trading or similar trading scheme, any amounts caused by a variation to the order and costs of delivery, freight and insurance) in cleared funds.
3.3 The Customer must not off set any amount owed to the Customer by Finsbury Green against any amount owed by the Customer to Finsbury Green.
3.4 Subject to approval and/or minimum monthly purchases, if the Customer wishes to make payment on a credit basis, the Customer must complete a credit authorisation form, including an authority for Finsbury Green to seek credit information concerning the Customer. Terms and conditions of credit based payment by the Customer are subject to change by notice in writing by Finsbury Green. If a credit account is approved payment must be made by the Customer within 30 days of the date of the invoice or within 30 days of the first delivery of the Goods to the Customer whichever is the earlier.
3.5 If payment is made by credit card, Finsbury Green reserves the right to charge a fee for this service.
3.6 If payment in full is not made in accordance with these terms and conditions, the following will apply:
(a) Interest of 15% per annum, calculated daily, will be charged on all amounts unpaid from the due date until payment is made;
(b) All deliveries that have not been made, including deliveries of Goods ordered separately from the Goods to which the unpaid amount relates, will be suspended until the full amount payable, including GST and interest, is paid in full;
(c) Finsbury Green may terminate any contracts in relation to any undelivered Goods, or impose additional conditions of payment before delivery in relation to those undelivered Goods;
(d) Any credit arrangements may be terminated;
(e) Finsbury Green may repossess any Goods that have been delivered, without further notice to the Customer and at the Customer’s cost; and
(f) Legal proceedings may be instituted for the recovery of the Goods or the unpaid amount and the costs of such recovery.
3.7 The Customer grants to Finsbury Green an irrevocable licence to enter the Customer’s premises (or the premises of any associated companies or agents where the Goods are stored) to repossess any Goods in accordance with this clause 3 without being liable for trespass or any resulting damage.
3.8 In the event of any dispute of any of the costs or charges by Finsbury Green, the Customer must make full payment of the invoice price.
3.9 If the Customer is introduced to Finsbury Green by another, the Customer consents to Finsbury Green paying a fee, commission or other consideration to such ‘others’.

4. Delivery

4.1 Delivery of the Goods is effected from the premises of Finsbury Green.
4.2 If requested by the Customer, Finsbury Green will arrange for delivery of the Goods to the Customer at the Customer’s cost. The Customer remains responsible for the Goods from dispatch of the Goods from the premises of Finsbury Green.
4.3 Finsbury Green may agree to store the Goods free of charge for a period of 14 days from the delivery date. After the 14 day period, storage and repick fees will apply. Finsbury Green is not responsible for any loss, damage or theft of the Goods while in storage. The Customer must ensure the appropriate insurance is in place (at the Customer’s cost) in relation to the Goods.
4.4 Due dates for production or delivery and delivery dates are estimates only. The Customer is not relieved from liability to accept or pay for the Goods by reason only of any delay in delivery.

5. Intellectual Property Rights

5.1 The Customer acknowledges that all intellectual property rights associated with the Website and all copyright in any works, including artistic works, made or created by Finsbury remains the property of Finsbury Green.

6. Personal Properties Securities Act (2009)

(a) The Customer acknowledges that Finsbury Green has a security interest for the purposes of the PPSA in all goods and services supplied.  This security interest secures all moneys owing by the Customer to Finsbury Green under this agreement or otherwise. The Customer will do everything reasonably required of it by Finsbury Green to enable Finsbury Green to register this security interests with the priority Finsbury Green requires and to maintain those registrations. The security interest arising under this clause attaches to the goods and services when the Customer obtains possession of the goods or receives the service.
(b) Finsbury Green does not need to give the Customer any notice under the PPSA (including notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
(c) Notices or documents required or permitted to be given to Finsbury Green for the purposes of the PPSA must be given in accordance with the PPSA.
(d) If Chapter 4 of the PPS Act would otherwise apply to the enforcement of the security interests created under this Agreement, the Customer agrees that sections 95, 120, 121(4), 125, 128, 129, 130, 132(3)(d), 132(4), 134(1), 135, 142 and 143 of the PPS Act will not apply to the enforcement of those security interests

7. Disposal of Goods

7.1 If payment for the Goods is not made in full, and either Finsbury Green reclaims the Goods, or the Goods remain undelivered, Finsbury Green may sell the Goods to a third party. The Customer remains liable for any difference between the amount received by Finsbury Green the third party and the amount unpaid by the Customer.
7.2 The Customer grants to Finsbury Green on the date of the order an irrevocable non exclusive licence to sell any Goods bearing any name, business name, logo or trade mark or any other like right and to sell any Goods that are subject to any intellectual property right, including copyright.

8. Customer Supplies

8.1 The Customer must ensure that it retains a copy of an original of all artwork, film, electronic copy or any other material either supplied to Finsbury Green or supplied by Finsbury Green (Original Work).
8.2 Production material produced by Finsbury Green remains the property at all times of Finsbury Green and unless otherwise agreed, Finsbury Green is obliged to retain such material.
8.3 If requested by the Customer, Finsbury Green will store the Original Work for up to 3 months on the basis that Finsbury Green bears no liability for damage or loss to the Original Work and Finsbury Green may dispose the Original Work if the Customer has not collected it within the 3 month period.
8.4 Should Finsbury Green be required to access Original Work stored by Finsbury Green, the Customer agrees to pay any charges invoiced by Finsbury Green.

9. Production Process

9.1 Proofs or press sheets will not be supplied to the Customer unless specified in the quotation. Finsbury Green is not responsible for production errors if:
(a) proofs are not requested by the Customer;
(b) the work is printed with the Customer’s approval; or
(c) changes are communicated orally.
9.2 Where proofs are supplied to the Customer, Finsbury Green will assume the proofs are satisfactory with no production errors unless the Customer returns amended proofs within 24 hours (or such shorter period as notified by Finsbury Green).
9.3 Where the Customer requests a press sheet, the Customer may be present during the printing process. Any lost press time (including for additional alterations made by the Customer) must be paid for by the Customer.
9.4 The Customer acknowledges that differences in paper, equipment and ink, may cause a variation in colour and such variation will not derogate from the order being acceptable and completed.

10. Warranties

The Customer warrants to Finsbury Green that the material supplied to Finsbury:
10.1 does not infringe the rights of any person, including any intellectual property rights;
10.2 is not defamatory or libellous;
10.3 is not offensive; and
10.4 is not contrary to law.

11. Claims

11.1 Any claim by a Customer for under quantity, delivery of damaged Goods or non delivery must be made within 14 days of receipt of the Goods by the Customer. The Customer must supply the order number, invoice number and receipt number (if applicable) and all details relating to the claim. If the claim is for damaged goods, the Goods must also be supplied to Finsbury Green.
11.2 Liability for any claim against Finsbury Green is limited, at Finsbury Green’s sole option, to:
(a) resupplying the Goods;
(b) providing payment for the cost of resupplying the Goods; or
(c) repairing the Goods.

12. Liabilities

12.1 Finsbury Green is not liable to the Customer or any third party for any loss, damage or cost (including legal costs) except as provided in condition 11.2, whether direct, indirect or consequential, arising from:
(a) the printing or delivery of any of the Goods;
(b) any failure to print or deliver any of the Goods;
(c) late completion of the order or late delivery; or
(d) the repossession or sale of any of the Goods.
(e) the publishing and hosting of any e-publication goods by Finsbury Green in the public domain
12.2 For representations or warranties which cannot by law be excluded, Finsbury’s liability is limited as provided in condition 11.2.

13. Indemnity and Releases

13.1 The Customer indemnifies Finsbury Green and continues to indemnify Finsbury Green from and against all costs, suits, actions, damages and losses (whether direct or indirect, consequential or not) arising out of any of the:
(a) the printing or delivery of any of the Goods;
(b) any failure to print or deliver any of the Goods;
(c) late completion of the order or late delivery;
(d) the repossession or sale of any of the Goods; or
(e) the use of the Customer’s username and password whether performed by the Customer or another person accessing the Customer’s account on the Website.
(f) the publishing and hosting of any e-publication goods by Finsbury Green in the public domain
13.2 The Customer releases Finsbury Green and continues to release Finsbury Green from and against all costs, suits, actions, damages and losses (whether direct or indirect, consequential or not) arising out of any of:
(a) the printing or delivery of any of the Goods;
(b) any failure to print or deliver any of the Goods;
(c) late completion of the order or late delivery;
(d) the repossession or sale of any of the Goods; or
(e) the use of the Customer’s username and password whether performed by the Customer or another person accessing the Customer’s account on the Website.
(f) the publishing and hosting of any e-publication goods by Finsbury Green in the public domain

14. General

14.1 Each clause in these terms and conditions must be read down to the extent necessary to be valid. If a clause cannot be read down to that extent, it must be severed.
14.2 Any waiver of any clause of these terms and conditions is only valid if made in writing and signed by the relevant party.
14.3 Any variation of these terms and conditions must be in writing and signed by both Finsbury Green and the Customer.
14.4 The governing law of these terms and conditions is the law of South Australia, Australia.

15. Privacy

15.1 In order to register as an authorised user of the Website, Finsbury Green will collect personal information from the Customer. Finsbury Green uses this personal information in accordance with the Privacy Act 1988.
15.2 The personal information you have disclosed in your application for credit with Finsbury Green will only be disclosed to the credit referees nominated by you and to our credit rating agency. For further information regarding the privacy of your application please contact the Chief Financial Officer.
15.3 Finsbury Green complies with the Australia Privacy Principals (APPs) which are available on the Australian Government’s Office of the Australian Information Commissioner’s website www.oaic.gov.au. Please refer to Finsbury Green’s Privacy Policy on our Website for more detailed information.

16. Disclaimer

16.1 The Customer acknowledges that the information contained on the Website is provided by Finsbury Green in good faith and is not to be relied upon as being complete, accurate, or up too date. The information contained on the Website is subject to change by Finsbury Green at any time without notice.
16.2 Subject to any terms implied by law which can not be excluded, Finsbury Green accepts no responsibility for any loss, damage, cost or expense (whether direct or indirect) incurred by the Customer as a result of any error, omission or representation in any information contained on the Website.

17. Links and Advertising

17.1 Finsbury Green is not responsible for the content or the accuracy of any information of any site accessed from the Website (including without limitation sites linked through advertisements or through any search engine). The content of any site accessed from the Website is the responsibility of the owner of that site. For the avoidance of doubt, unless otherwise specified, a link from the Website to another site should not be construed as an endorsement by Finsbury Green of that site or any of its products and services offered.
17.2 Finsbury Green does not accept any responsibility or liability for any claims arising out of your use of these links or of the descriptions or information contained on such sites.

18. Cookies

During the Customer’s use of the Website, Finsbury Green may issue to and request from the Customer’s computer blocks of data known as “cookies”. By using the Website the Customer authorises Finsbury Green to issue such cookies to your computer. The Customer will not alter any cookies sent to their computer from the Website and the Customer ensures that its computer sends correct and accurate cookies in response to any relevant request from the Website.

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