EZYPAK Terms & Conditions

These Terms & Conditions (“Terms”) apply to your use of the EZYPAK website at ezypak.com.au (“Website”), applications for an EZYPAK wholesale account, and purchases of goods or services from EZYPAK through the Website, by quotation, email, telephone, in person or through any other ordering method accepted by us.

1. About EZYPAK

“EZYPAK”, “we”, “us” and “our” mean:

“You” and “Customer” mean the person or organisation using our Website, applying for an account, requesting a quotation or purchasing goods or services from us.

If you act on behalf of a company, trust, partnership, organisation or other entity, you confirm that you are authorised to act on its behalf.

2. Acceptance of These Terms

You agree to these Terms when you place or confirm an order with EZYPAK, accept an EZYPAK quotation, create or use an EZYPAK customer account, submit a wholesale account application, instruct us to commence custom printing, branding, sourcing or procurement work, or otherwise purchase goods or services from us.

A specific written quotation, order confirmation or separately agreed commercial arrangement may contain additional terms. If there is an inconsistency, the specifically agreed written terms for the relevant order will prevail to the extent of that inconsistency, subject always to applicable law.

Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.

3. Website Information

We take reasonable care to keep information on our Website accurate and current. However, product ranges, availability, packaging, specifications, dimensions, colours, pricing and other information may change from time to time.

Website photographs and illustrations are intended to assist product identification. Actual products may vary slightly due to manufacturing batches, photography, lighting, display settings, packaging changes or other reasonable commercial variations.

If exact specifications are important to your intended use, please confirm them with EZYPAK before ordering.

4. Product Suitability

Customers are responsible for determining whether a product is suitable for their particular requirements unless the Customer has clearly informed EZYPAK of those requirements and has reasonably relied on advice provided by EZYPAK.

This is particularly important where packaging or related products are intended for specific applications involving hot or cold food, oily, acidic or high-moisture food, microwave use, freezer use, food storage, transport, commercial machinery, unusual temperatures or environments, or specialised industry or regulatory requirements.

A product should not be assumed to have a particular certification, food-contact characteristic, temperature tolerance, environmental claim or other specialised property unless that characteristic is expressly stated by EZYPAK or supported by applicable product documentation.

Nothing in this section limits rights under the Australian Consumer Law.

5. Wholesale Accounts

Wholesale accounts are available to approved business customers. Wholesale account approval is subject to EZYPAK’s reasonable commercial assessment.

• Approval may take into account business type, purchasing requirements, expected purchasing volume, order frequency, product categories, business history and previous dealings with EZYPAK.
• Approval does not guarantee any particular discount or the same pricing as another customer.
• Approval does not guarantee ongoing product availability.
• Approval does not constitute approval of credit facilities.
• Wholesale purchasing may be subject to carton, minimum quantity or other purchasing requirements.

Wholesale pricing may vary between products and customers based on order quantity, purchasing volume, supply arrangements, promotions, negotiated pricing and other legitimate commercial considerations.

6. Customer-Specific Pricing

EZYPAK may provide individual customers with customer-specific pricing, negotiated wholesale pricing, contract pricing, promotional pricing or quotations.

Customer-specific pricing is provided for the relevant Customer and should not be assumed to apply to another person or business.

Unless otherwise agreed, a customer-specific price may be reviewed where purchasing volumes, supplier costs, product specifications, freight conditions or other material commercial circumstances change. Any change will apply prospectively and will not retrospectively alter an order already accepted by EZYPAK.

7. Bulk Orders and Quotations

Certain products, quantities or projects may require a quotation rather than an immediately displayed online price.

Bulk, pallet, special-order, custom or high-volume quotations may depend on quantity, product mix, delivery destination, freight requirements, supplier availability, production lead time, customisation and other commercial factors.

A quotation is valid for the period stated in the quotation. If no validity period is stated, the quotation remains subject to confirmation before acceptance.

8. Prices and GST

All prices are in Australian dollars unless otherwise stated.

Whether GST is included or excluded will be shown on the relevant Website page, quotation, order confirmation or invoice. Where a price is stated as excluding GST, applicable GST will be payable in addition.

Delivery, freight, handling, artwork, printing, tooling, setup, customisation or other charges may apply where disclosed before the Customer confirms the relevant order.

9. Pricing and Website Errors

We take reasonable steps to ensure prices and product information are accurate.

If an obvious typographical, technical, system or pricing error occurs, EZYPAK may contact the Customer before dispatch to correct the error. We may decline or cancel an affected order before dispatch where it would be unreasonable to require supply at the erroneous price.

If payment has already been received for an order that we cannot accept because of such an error, we will refund the affected amount.

Nothing in this section permits EZYPAK to engage in misleading or deceptive conduct or limits any rights available under applicable law.

10. Orders and Order Acceptance

Submitting an order does not necessarily mean that EZYPAK has accepted the order.

• Orders are subject to product availability, applicable minimum or carton quantities, payment requirements, approved credit arrangements (if any), reasonable fraud and security checks, delivery capability and acceptance by EZYPAK.
• An order is accepted when we confirm acceptance, commence fulfilment or otherwise communicate that the order has been accepted.
• We may reasonably decline an order before acceptance where stock is unavailable, there is an obvious pricing or system error, payment cannot be verified, the order appears fraudulent or unlawful, applicable order requirements have not been met, or supply is otherwise impracticable.

If we cannot accept an order for which payment has already been received, we will refund the amount paid for the unaccepted portion.

11. Product Availability and Backorders

Stock information may change and is not a guarantee of future availability.

Where an ordered item is unavailable or insufficient stock is available, we may contact the Customer to place all or part of the order on backorder, adjust the quantity, offer an alternative product, arrange a later delivery, or refund the unavailable portion.

We will not substitute a materially different product without the Customer’s agreement.

Where a Customer places an order for more stock than is immediately available, the order does not guarantee that the full quantity can be supplied immediately.

12. Payment

Unless separate credit terms have been expressly approved by EZYPAK in writing, payment must be made according to the payment requirements shown at checkout, on the quotation, order confirmation or invoice.

We may delay processing, production or dispatch until required payment has cleared.

The Customer must pay undisputed amounts when due. If the Customer believes an invoice is incorrect, the Customer should notify EZYPAK promptly and provide reasonable details so that the issue can be investigated.

13. Credit Accounts

Opening or holding an EZYPAK wholesale account does not automatically provide credit facilities.

Any credit or trading terms must be separately applied for and expressly approved by EZYPAK in writing. Additional credit terms may apply to an approved credit account.

Where separately agreed credit terms conflict with these Terms, the specific credit terms will prevail to the extent of the inconsistency.

14. Custom Printed, Branded and Special-Order Products

Custom printed, branded, specially manufactured and specially sourced products may be subject to minimum order quantities, deposits or advance payment, artwork or specification approval, sample or proof approval, printing, plate, mould, tooling or setup charges, supplier requirements, manufacturing tolerances and estimated production and freight lead times.

The Customer is responsible for carefully checking spelling, artwork, logos, colours, dimensions, product specifications, quantities, printing positions and other supplied instructions before approval.

Once the Customer approves artwork, specifications or production and EZYPAK or its supplier has commenced work or incurred irreversible costs, cancellation or alteration may not be possible.

If EZYPAK agrees to a cancellation or alteration after work has commenced, the Customer may be responsible for reasonable costs actually incurred or irrevocably committed in connection with the Customer’s order.

Custom or specially sourced products are not returnable merely because the Customer changes its mind. This does not affect rights that cannot lawfully be excluded under the Australian Consumer Law.

15. Printing and Manufacturing Tolerances

Custom printing and manufacturing may involve reasonable commercial variations.

Unless a specific tolerance or production standard has been expressly agreed in writing, reasonable variations may occur in colour, positioning, dimensions, material appearance, thickness, weight, production quantity and manufacturing finish.

Screen colours, digital artwork and printed colours may appear different. Where exact colour matching is required, the Customer should request and agree an appropriate colour-matching standard before production.

16. Customer-Supplied Artwork and Intellectual Property

Where the Customer supplies a logo, trademark, photograph, artwork, design, wording or other material, the Customer confirms that it owns the material or has the necessary permission to use and reproduce it.

The Customer is responsible for loss or claims to the extent caused by Customer-supplied material infringing another person’s intellectual property or legal rights.

EZYPAK may refuse to reproduce material that we reasonably believe is unlawful, misleading, offensive or infringes another person’s rights.

17. Sourcing and Procurement

Where EZYPAK assists with product sourcing, procurement, product development or special product requests, the Customer should provide accurate and complete specifications.

Supplier availability, costs, production schedules and lead times may change before an order is confirmed. Samples, prototypes, artwork or pre-production approval may be required.

EZYPAK will exercise reasonable care and skill in providing any services we agree to provide.

Where the Customer has unusual, specialised, technical or regulatory requirements, those requirements must be disclosed to EZYPAK before the relevant order is confirmed.

18. Delivery

Available delivery methods, freight charges, delivery areas and any free-delivery thresholds are those displayed on the Website, at checkout, in a quotation or otherwise confirmed for the relevant order.

Delivery estimates are estimates unless expressly agreed otherwise.

The Customer must provide an accurate delivery address, contact information and any important delivery instructions. The Customer should advise us of relevant site conditions, including restricted access or special unloading requirements, before dispatch where those conditions may affect delivery.

Reasonable additional costs caused by an incorrect address, failed delivery, refusal of delivery or re-delivery may be payable by the Customer where the circumstances causing the additional cost are within the Customer’s control.

EZYPAK may use third-party couriers and freight providers. Nothing in this section limits applicable rights under the Australian Consumer Law.

19. Warehouse Pickup

Where warehouse pickup is offered, the Customer should wait until the order is confirmed as ready for collection.

Identification or order information may be required, collection must occur during applicable pickup hours or at an agreed time, and the Customer is responsible for providing a vehicle and method suitable for safely transporting the goods.

Risk passes to the Customer when the Customer or its authorised carrier collects the goods, subject to any rights that cannot lawfully be excluded.

20. Title and Risk

Title to goods remains with EZYPAK until those goods have been paid for in full.

Subject to applicable law, risk generally passes when goods are delivered to the Customer or its nominated delivery location where EZYPAK arranges delivery, or when goods are collected by the Customer or its authorised carrier.

Nothing in this section limits statutory rights that cannot lawfully be excluded.

21. Checking Deliveries

Customers should inspect deliveries as soon as reasonably practicable.

If there is an apparent shortage, incorrect item or transport damage, please notify EZYPAK as soon as possible, preferably within 2 business days, so that we can investigate promptly.

We may reasonably request photographs, packaging, delivery records or other information relevant to the investigation.

The 2-business-day request is intended to assist investigation and does not remove or reduce any right or remedy that cannot lawfully be excluded.

22. Change-of-Mind Returns

EZYPAK is not required to provide a refund or exchange merely because a Customer changes its mind.

Where EZYPAK voluntarily accepts a change-of-mind return, we may require prior return approval and that goods are unused, unopened where appropriate, undamaged and in saleable condition. The Customer may be required to bear reasonable return costs.

Custom printed, branded, specially manufactured, specially sourced, clearance or otherwise non-resalable goods will generally not be accepted for change-of-mind returns.

Nothing in this section affects rights under the Australian Consumer Law.

23. Faulty, Damaged, Incorrect or Non-Compliant Goods

Australian Consumer Law consumer guarantees may apply to goods and services supplied by EZYPAK. Where applicable, goods and services must meet the consumer guarantees required by law.

If goods are faulty, materially different from their description, damaged before risk passes, or otherwise fail to comply with an applicable consumer guarantee, the Customer may be entitled to a remedy including repair, replacement, refund or another remedy depending on the circumstances.

EZYPAK may reasonably inspect or assess the goods before determining the appropriate remedy.

We will not require original packaging as a condition of exercising a statutory right where the law does not permit us to do so.

Nothing in these Terms excludes or restricts consumer guarantee rights that cannot legally be excluded.

24. Customer Accounts and Security

Customers are responsible for taking reasonable steps to keep account login credentials secure.

A business Customer is responsible for ensuring that people using its account are authorised to place orders on its behalf.

Please notify EZYPAK if you become aware of suspected unauthorised use. We may temporarily restrict an account where reasonably necessary to investigate suspected fraud, unauthorised access or a genuine security issue.

25. Suspension or Closure of Accounts

EZYPAK may suspend or close an online or wholesale account where there are reasonable grounds to do so, including material or repeated breach of these Terms, fraudulent or suspected fraudulent activity, unlawful activity, misuse of an account, significant overdue amounts under approved credit arrangements, or a genuine security or commercial risk.

Where reasonably practicable, we will notify the Customer.

Suspension or closure does not remove obligations relating to accepted orders or amounts already owing.

26. Website Intellectual Property

Unless otherwise stated, the Website and EZYPAK-created material on it, including text, graphics, photographs, logos, designs and layouts, are owned by or licensed to EZYPAK.

You may use Website material for ordinary browsing and purchasing purposes. Except where permitted by law, you must not reproduce, republish, systematically scrape, commercially exploit or distribute EZYPAK Website content without permission.

Third-party trademarks and brand names remain the property of their respective owners.

27. Third-Party Links and Services

Our Website may contain links to third-party websites or may use independent payment, delivery or technology services.

A link does not necessarily mean that EZYPAK endorses all content or practices of the third party. Independent third-party services may also be subject to their own terms and privacy policies.

28. Liability

Nothing in these Terms excludes, restricts or modifies liability or any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

To the extent permitted by law, EZYPAK is not responsible for loss to the extent caused by inaccurate specifications or instructions supplied by the Customer, Customer-approved artwork containing an error, misuse of a product, use contrary to instructions or intended purpose, unauthorised alteration of goods, Customer failure to disclose a specialised requirement, Customer-supplied material infringing third-party rights, or an act or omission of the Customer or another person for whom EZYPAK is not responsible.

Where the Australian Consumer Law permits liability for failure to comply with a consumer guarantee to be limited, and it is fair and reasonable to do so, EZYPAK’s liability may be limited in the manner permitted by that law.

Nothing in this section is intended to impose a limitation that would constitute an unfair contract term or otherwise be unlawful.

29. Events Outside Reasonable Control

EZYPAK will not be responsible for delay or failure to the extent caused by circumstances genuinely outside our reasonable control, such as natural disasters, severe weather, fire or flood, war or civil disturbance, industrial action, port or transport disruption, significant supply-chain disruption, government restrictions, widespread system outages or material shortages outside our reasonable control.

We will take reasonable steps to minimise the effect of such circumstances.

If the delay becomes substantial and the affected part of an order can no longer reasonably be fulfilled, we will work with the Customer on an appropriate solution, which may include revised delivery arrangements, cancellation of the unfulfilled portion or refund of amounts paid for the affected unfulfilled portion, subject to applicable law and reasonable irreversible custom-production costs already authorised by the Customer.

30. Privacy

EZYPAK handles personal information in accordance with our Privacy Policy, available at ezypak.com.au/privacy-policy/

31. Marketing Communications

Where permitted by law and consistent with the Customer’s marketing preferences, EZYPAK may send information about products, promotions, wholesale offers and other relevant business updates.

Marketing communications will identify EZYPAK and provide an appropriate unsubscribe mechanism. We will action unsubscribe requests as required by applicable law.

Administrative communications concerning an order, account, invoice, delivery or service are not marketing communications.

32. Language and Translations

The primary and authoritative language of the EZYPAK Website, these Terms & Conditions, our Privacy Policy and other Website policies is English.

Translations into other languages are provided for convenience only and may be generated or assisted by automated translation technology.

While EZYPAK takes reasonable steps to provide useful and accessible Website information, translated content may contain errors, omissions, wording differences or differences in meaning.

If there is any inconsistency, ambiguity or discrepancy between the English version and a translated version, the English version will prevail, except to the extent otherwise required by applicable law.

Customers should refer to the English version where the exact meaning of product information, specifications, pricing, quantities, delivery information, policies or contractual terms is important.

Nothing in this section excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.

33. Changes to These Terms

EZYPAK may update these Terms from time to time to reflect changes in law, technology, products, Website functionality or business practices.

The updated version will display its effective date. Changes apply prospectively and will not retrospectively alter the terms of an order already accepted unless required by law or agreed with the Customer.

34. Severability

If any provision of these Terms is invalid or unenforceable, it will be read down to the extent necessary. If it cannot reasonably be read down, that provision may be severed and the remaining Terms will continue to apply.

35. Waiver

A failure or delay by either party to exercise a right does not automatically waive that right.

36. Governing Law

These Terms are governed by the laws of Victoria, Australia. The parties submit to courts and tribunals having jurisdiction in Victoria, subject to any mandatory rights or jurisdiction that cannot lawfully be excluded.

37. Contact

For questions about these Terms, please contact: