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Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. 

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Australian and other copyright laws, and is the property of Yamari Ochre Pty Ltd. The collective work includes works that are licensed to Yamari Ochre Pty Ltd. Copyright 2011, Yamari Ochre Pty Ltd ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Yamari Ochre Pty Ltd or purchasing Yamari Ochre Pty Ltd products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Yamari Ochre Pty Ltd or to purchase Yamari Ochre Pty Ltd products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorsed by Yamari Ochre Pty Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Yamari Ochre Pty Ltd used in the site are trademarks or registered trademarks of Yamari Ochre Pty Ltd 

Limitation of Liability

Yamari Ochre Pty Ltd shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Yamari Ochre Pty Ltd has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that an Yamari Ochre Pty Ltd product is mistakenly listed at an incorrect price, Yamari Ochre Pty Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Yamari Ochre Pty Ltd reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Yamari Ochre Pty Ltd shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Yamari Ochre Pty Ltd without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of New South Wales, Australia. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Yamari Ochre Pty Ltd products) shall be in the state or federal courts located in Sydney, New South Wales. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Yamari Ochre Pty Ltd products) must be commenced within one (1) year after the claim or cause of action arises. Yamari Ochre Pty Ltd failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Yamari Ochre Pty Ltd may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Yamari Ochre Pty Ltd or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Indemnification

You agree to indemnify, defend, and hold harmless Yamari Ochre Pty Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable solicitors’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Yamari Ochre Pty Ltd may link to sites operated by third parties. However, even if the third party is affiliated with Yamari Ochre Pty Ltd, Yamari Ochre Pty Ltd has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Yamari Ochre Pty Ltd. These linked sites are only for your convenience and therefore you access them at your own risk.

Shipping Policy

Our non-printed products (including boots and non-branded workwear) that are in stock will be dispatched within 3 business days after an order has been placed and payment has been received.

Shipping times for our standard signage range is based on the type of product and value of the order. As a general guide, our standard signage range will be dispatched within 5-7 working days after an order has been placed and payment has been received.

Our production begins the first working day after approval, there is a cut off time of 5pm for orders to ensure production starts the following day.

Our custom printed signage and workwear products have various shipping times based on the type of product and the value of the order. Our custom branded range cannot be ordered online so please contact our sales team on into@yamariochresigns.com.au to discuss and place your order.

Our range of Promotional Products have varying shipping times. Every product page has an FAQ section below the pricing, in this FAQ section it states the time it will take to produce and ship your products after we have received sign off of your artwork proof. Our production begins the first working day after your artwork proof approval, there is a cut off time of 5pm for approving artwork to ensure it starts in production the following day.

Delivery

Where Yamari Ochre Pty Ltd is responsible for the Delivery of Goods, Yamari Ochre Pty Ltd will use commercially reasonable efforts to deliver the Goods to the location (Delivery Point) specified in the relevant document (including an email) issued by you requesting the delivery of certain Goods (Order) by the date specified by the Company (Delivery Date), but does not guarantee that it will meet any such timeframes.

You acknowledge and agree that Yamari Ochre Pty Ltd is not liable for any losses, liabilities or costs sustained, incurred or suffered by you or any third party as a result of a failure to deliver the Goods to the Delivery Point or to deliver the Goods by the Delivery Date.

After submitting an Order, you are not permitted to cancel, amend or postpone that Order, unless agreed otherwise in writing by Yamari Ochre Pty Ltd.

Unless otherwise specified, the fees specified in an invoice are exclusive of all costs associated with the delivery of the Goods to the Delivery Point.

Delivery will be taken to have occurred at the time when the Goods are: 

  • delivered to the Delivery Point (where the Company is responsible for the delivery of the Goods);
  • made available to be collected by you or on your behalf; or
  • left at the Delivery Point or returned to Yamari Ochre Pty Ltd in accordance with clause below.
  • If the Delivery Point is unattended at the time delivery is to take place, Yamari Ochre Pty Ltd may either:
  • leave the Goods at the Delivery Point; or
  • return the Goods to the Company location in which case any costs associated with the return, storage and re-delivery of the Goods will be borne by you.

Notwithstanding that the Goods may remain in the possession or control of Yamari Ochre Pty Ltd, risk in the Goods will pass to you at the time delivery is taken to have occurred in accordance with the above. 

Title in the Goods passes to you upon payment by you of all amounts due.

Yamari Ochre Pty Ltd may elect to deliver Goods by installments, in which case, failure of

Yamari Ochre Pty Ltd to deliver a particular installment will not entitle you to cancel any other installments.

Return & Refund Policy

It is the intention of Yamari Ochre Pty Ltd to provide our customers with products that meet the specifications stated on our web site as well as our customer’s expectations. In the unlikely event that our customer’s expectations are not met, we ask that the customer emails us immediately with photos and a description of the problem and we will make every effort to reach a fast and mutually agreeable resolution.

It is important to note that our products are custom printed with artwork which the customer approves prior to printing, so it is essential that you select your product and check your artwork very carefully. It is also important to note that the colours in the artwork proof displayed on your screen are not accurate. Colours will print differently on different printers and materials and will display differently on different computer screens. If a colour is important it is essential that a Pantone (PMS) colour is advised prior to the artwork proof being approved, so we can do our best to achieve the closest possible colour match.

Yamari Ochre Pty Ltd will repair or replace any products which are not as stated on our web site, not as shown on the approved artwork proof (please note the above paragraph regarding colours) or are found to be defective within the warranty period stated on our web site.

In the event of a warranty issue being notified, and photos of the issue being received,

Yamari Ochre Pty Ltd Ltd will:

  1. If notified within 14 days of the goods being received by the customer:

a) Arrange and pay for the return of the goods to Yamari Ochre Pty Ltd for repair, then repair the goods and return them at no cost to the customer; or

b) Replace the goods at no cost to the customer. If Yamari Ochre Pty Ltd requires the goods to be returned, Yamari Ochre Pty Ltd will arrange and pay for the return of the goods.

  1. If notified later than 14 days of the goods being received by the customer:

c) Require the customer to return the goods to Yamari Ochre Pty Ltd (at the customer’s cost). Yamari Ochre Pty Ltd will then repair or replace the goods and return them at no cost to the customer 

In the event of a warranty claim, Yamari Ochre Pty Ltd’s liability will be limited to the cost of repairing or replacing the goods. Yamari Ochre Pty Ltd will not be liable for any associated costs incurred by the customer as a result of a warranty claim. This includes, but is not limited to, the cost of installing the signage that is the subject of the warranty claim. It is essential that all signage is carefully inspected at time of receipt - and approved or rejected by the customer prior to the customer arranging installation of the signage.

Refunds are not offered. 

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