Terms and Conditions

Foamex Signs Terms and Conditions (“Agreement”)
This Agreement was last modified on August 13, 2013.

Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using https://foamexsigns.com.au (“the Site”) operated by Foamex Signs (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://foamexsigns.com.au.

Refunds, Order Changes, and Cancellations
Understandably, personalised and custom items may not be returned for a refund. All other items will not be accepted without written authorisation from Foamex Signs. A 30% restocking fee may apply.

Foamex Signs will use reasonable efforts, upon your request, to change or cancel your order prior to production. If the order has not yet started the production process, no additional change or cancellation fees will be applied. If your order is changed, the setup fees may vary from the original quote depending on your requirements.

If the order has reached the pre-production set up phase, there may be cancellation or change charges that apply. All of these charges will be a direct pass through from the manufacturer to you. If your order is changed, the setup fees may vary from the original quote depending on your requirements.

If an item has begun production, unfortunately, we cannot stop or change the order. We can, if you wish, prevent shipment or redirect it. You will be charged the full amount of the order for all orders cancelled at this stage.

If there is an error with your order Foamex Signs will make every effort to rectify the error as expediently as possible. Due to the nature of custom products; personalised and custom items may not be returned for a refund.

Color Policy
Foamex Signs will print based off provided artwork files and will use best judgment when to substitute for house colors. Foamex Signs does not guarantee color match or allow returns or exchanges for orders placed with out a color match guarantee.

Indemnity
By using this Site, you agree to indemnify, defend and hold Foamex Signs harmless from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), alleging or resulting from your use of the Site in violation or breach of this Agreement. By submitting an order to us, you agree to defend, indemnify and hold us harmless from and against any and all liability, claims, costs and expenses (including reasonable legal fees and expenses) in any action by any third party based on a claim that you infringed such third parties intellectual property rights.

All content on this Site, including but not limited to the arrangement and assembly of the Site, text, graphics, logos, button icons, images and software (collectively “Content”), is copyrighted as the original creation of Foamex Signs, or used with the express permission of the copyright, trademark name or service mark owner, and therefore is protected by Australian and international copyright laws. This Site and the Content may be used only to design and order printed material from Foamex Signs or its authorised affiliates. Any other use, including but not limited to, reproduction, modification, distribution, redistribution, publication, or republication of any or all of the Content on this site is strictly prohibited.

The Content, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose, commercial or otherwise, that is not expressly permitted by Foamex Signs in writing.

Personal and Non-Commercial Use Limitation
This Site is for your personal noncommercial use. The Content and software on this site may only be used as a shopping resource. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, products, or services obtained from this Site.

Trademarks
Foamex Signs™ and FoamexSigns™ are trademarks and service marks of Foamex Signs, and may not be used without the express written permission of Foamex Signs.

Our Rights
Notwithstanding anything contained herein to the contrary, Foamex Signs may elect to electronically monitor areas of the Site and may disclose any information, records, or electronic communication of any kind to:
•satisfy any law, regulation, or government request; or
•protect our rights or property or the rights of users, sponsors, providers, licensers, licensees, vendors, or merchants.

If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request removal of such content from the Site.

WE MAY TERMINATE OR SUSPEND YOUR ACCESS TO THE SITE WITHOUT NOTICE FOR ANY CONDUCT WE BELIEVE IN OUR SOLE DISCRETION IS VIOLATIVE OF THESE TERMS OF USE OR ANY APPLICABLE LAW OR IS HARMFUL TO OUR INTERESTS.

We reserve the right to limit quantities of items purchased by each customer.

Disclaimer and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED HEREIN, FOAMEX SIGNS PROVIDES THIS SITE ON AN “AS IS” BASIS. FOAMEX SIGNS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE PRODUCTS OFFERED ON THIS SITE. FOAMEX SIGNS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE PRODUCTS SOLD ON THIS SITE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL FOAMEX SIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES.

WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE SITE FROM THIRD PARTIES NOT ASSOCIATED WITH US.

Termination
These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease your use of the Site. If at any time after such termination you return to the Site, your reuse of the Site will constitute a re-acceptance of the Agreement.

YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE.

Sales Taxes and Duties
We shall automatically charge and withhold the applicable sales tax in certain areas. Customers that fall outside of our area, that are not charged sales tax or duties shall be solely responsible for the taxes and duties applicable in their jurisdiction.

Jurisdiction and Venue
By using this Site, you agree that any legal action brought against us shall be governed by the laws of the State of Victoria without regard to its conflict of laws principles. By using this Site you agree that the sole jurisdiction and venue for any litigation arising from your use of this Site shall be an appropriate Australian federal or Victoria state court located in Melbourne, Victoria, Australia. Use of this Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

General
These section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
You agree that no agency, joint venture or partnership relationship exists between you and Foamex Signs as a result of this Agreement or use of this Site.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Foamex Signs with respect to this Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Foamex Signs with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Retention Of Title
All products and services provided by FoamexSigns remain the exclusive property of Foamex Signs until payment has been received in full. Part payment by the client does not constitute any ownership of the product or service.

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