This agreement is between you and Mister Magnets P/L ACN 131 892 441. By visiting and/or using the Mister Magnets website (the "Website") you agree to be bound by the terms of this agreement ("agreement"). We may modify this agreement at any time and such modifications shall be effective immediately upon posting.
All orders are subject to acceptance by Mister Magnets. No verbal orders accepted. All orders written without pricing will be processed by Mister Magnets current pricing. All prices are subject to change without notice.
You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us. You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the Website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website except with our prior written consent. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein. You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. We reserve the right to cancel your registration at any time, subject to our complete discretion. In the event of cancellation of registration, our decision is final and binding.
Every effort has been made to ensure the information contained on the Website is correct, however We make no warranty as to the accuracy, comprehensiveness, or correctness of any products on the Website, and provides all products on an "as is" basis. You agree to make your own enquiries to verify the information provided and to assess the suitability of products before your purchase.
Subject to relevant law, if We merge, sell or otherwise change control of Our business, We reserve the right, without giving notice or seeking consent, to transfer or assign your Personal Information, content and rights that We have collected from you and any agreements We have made with you.
The Company reserves the right to amend the terms and conditions of this agreement by giving the Client notice in writing of the amended terms and conditions to the Client's address as specified on the face of this agreement or as notified by the Client from time to time. The Client is deemed to accept any amended Terms and Condition unless it notifies the Company in writing within seven days of its objection to the proposed amendment to the Terms and Conditions. The latest version of these terms and conditions may be accessed via the Website.
Mister Magnets shall not be liable for any default due to any circumstance beyond their reasonable control including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire flood, earthquake or shortage of supply or failure to deliver of the suppliers.
The Mister Magnets Website may contain links to other websites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such other website.
This agreement will be governed and interpreted in accordance with the laws of Victoria. Any dispute arising out of your use of the Website, or the products purchased on it, will be subject to the exclusive jurisdiction of courts of the State of Victoria.
Mister Magnets P/L. Factory Address: 1/11 Lindaway Place Tullamarine VIC 3043 Australia. Postal Address: Mister Magnets P/L P.O.Box 1327 Tullamarine VIC 3043. Tel: (03) 8336 0400 Fx: 1300 300 706
EPS (Encapsulated PostScript) file format is used to transfer PostScript image information from one program to another. The file includes PostScript code plus a low-resolution representation of the image, logos, illustrations and graphics that will be colour separated should be saved as EPS files. TIFF (Tag Image File Format) is a widely used file format for exchanging bitmapped images (usually scans) between applications. Black and white line art or grayscale images should be saved as TIFF files. All grayscale artwork must be saved at the size of the finished document at a minimum of 300 dpi - black and white line art at a minimum of 1200 dpi. Please submit TIFF files as a layered document, in case last minute modifications are required. Always provide a list of fonts used within a document. This allows output technicians to download the appropriate fonts to their image setter or output device. Remember to list all fonts used with imported illustrations, or the output device may substitute a different font. When supplying PostScript fonts with a job, be sure to supply the printer fonts (also called outline fonts) and screen fonts (bitmap fonts). Both must be available for proper output. When supplying fonts, be sure to supply those used in the creation of EPS files. (They will not show up in your page makeup application on the list of fonts used). We do not accept True Type based fonts. Convert to outlines. Specify fonts and their style (bold or italic, for example) by using the long menus in your publishing program rather than selecting bold or italic by clicking on a style bar. The menu selection will give you a more accurate representation of the font and style desired. On the Mac platform, clicking on the style bar allows you to select styles for which fonts don’t actually exist. Limit the number of fonts used in each job. Avoid using fine serif fonts. These fonts are usually too thin and fill in or lose detail in the printing process. Avoid saving EPS files within EPS files. Avoid transparencies and Illustrator filters to create shadows; they convert to low resolution files.
Please submit original files to email@example.com. If revised art is sent, it is the customers responsibility to advise customer service of the new art. When new artwork is submitted a $20 charge may be applied. Changes to previously sent art must be sent to customer service to ensure use of new art. We accept electronic artwork on CD, DVD and e-mail (file size permitting). Be sure to send all linked files, including all TIFF and EPS files for artwork placed in your document even if previously embedded, as well as all printed and screen fonts used. Send only original, native vector files. If a proof is not received due to time constraints, Mister Magnets accepts no responsibility for for any incorrect files/artwork that has been printed. Any issues with your order, such as incorrect artwork, or over/under runs, MUST be informed to us within 21 days of receiving your order. All RGB defined colours and files must be converted to CMYK for four-colour process production. Convert fonts to outlines or paths. We support the following software for Macintosh: Adobe Illustrator, Adobe Photoshop, Adobe Acrobat, QuarkXPress, Adobe InDesign. Acceptable File Types: Vector (preferred), TIFF (minimum 300 dpi resolution), EPS (minimum 300 dpi resolution), JPEG (minimum 300 dpi resolution), PDF (press quality), ZIP (compression file), Stuffit (compression file). Microsoft electronic files generally are not acceptable as output for print production.
Proofs of all work will be submitted for customer’s approval and Mister Magnets shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. An online proof will be available for your review after we have received your file upload. Actual time will vary depending on our current workload. No job will be sent to press without your approval unless waived. It is the customer's responsibility to log in to their account and check on their proof. We are not liable for delays in the order caused by customer's non-approval of the proof. An online proof is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and over print issues. Neither do they show color change from RGB or Pantone to CMYK. The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. Customer is fully responsible for all that is contained in the final approved proof. Mister Magnets is not liable for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Grammar, Damage Fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Die Lines, Crop Marks, Transparency, Overprint, Cracks on Folds, Finished Product Size. Mister Magnets does not make any changes on customer files.
Minimum type size: 6 point. Small registers/trademarks with fine lines may appear as a dot on product. Type sizes below these recommendations are at your own risk and we take no responsibility for poor print quality and / or illegibility in these circumstances.
Please avoid using fine serif fonts. These fonts are usually too thin and fill in or lose detail in the printing process. Also, avoid using serif fonts in four colour reverse copy areas.
Minimum line thickness: .5 point. 1 point minimum line thickness for reverse copy or art. Line thicknesses below these recommendations are at your own risk and we take no responsibility for poor print quality in these circumstances.
Bleed (art intended to print to the edge) must extend 3/32” outside cut line. Art not intended to print to the edge must remain 3/32” inside cut line. Due to variances in cut, all copy must remain 3/32” inside cut lines.
You agree to supply artwork with a border at your own risk. Due to variances in the cutting process, we cannot guarantee alignment perfectly around the edges.
Halftones are made up dots and are not recommended for type. Digital art: Halftones must be between a 5% to 90% screen. Watermarks between 80% and 100% screen may not print. Offset art: Gradient halftone range 2% to 100%. Screen tint range 10% to 90%.
All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that, Mister Magnets shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by Mister Magnets or other party) or any other materials supplied by the customer and the printed article the subject of the customer’s order. All RGB colours must be converted to CMYK for four-colour process production.
Exact PMS colour matches are not available in four colour process. For requested colour matches we will use the closest CMYK equivalent possible. In addition, metallic and fluorescent colours are not possible for digital four-colour process imprint. To ensure repeat orders match the previous colour, material specs, etc, please include a sample of the previous item with the new order. Due to variations in inks, materials and press runs, you accept that an exact match to previous orders is not always possible.
You agree that any of our designs may be the same or similar to a competing / non-competing business anywhere in Australia. If this is a concern, please contact support to arrange changes to your artwork before ordering.
If art requirements are not met, art time will be billed at $25 per hour. Mister Magnets will not be responsible for charges due to “clean-up” or “rework” deemed necessary to meet production standards.
Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by Mister Magnets shall vest in and belong to Mister Magnets. Mister Magnets may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials (“Materials”) prior to instructing Mister Magnets to reproduce the same. The customer shall indemnify and hold Mister Magnets and its agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by Mister Magnets infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party. You warrant that your products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your products, including any third party material made available via a third party design service which may be accessed by the site. Do not send any "one-of-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are not responsible for loss or damage of images or artwork. Under these Terms and Conditions, you agree that you will not upload any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.
Artwork will remain on file for up to 12 months. You must resubmit art after that time.
We will communicate with you about your order and the purchased product using either email, telephone or postal mail. Account holders and users utilising guest checkout must provide both a valid email and postal address to Us for this purpose. From time to time, We will also send you marketing material. If you do not wish to receive such material, you may unsubscribe from Our mailing list at any time by using the unsubscribe function in the electronic marketing communication or sending an 'unsubscribe request' to firstname.lastname@example.org.
All materials we create in producing your printed product are the property of Mister Magnets. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product or use your printed product in our marketing / packaging materials. Please note that your printed product or images used for your printed product will not be used in any national advertising without your prior written consent.
You may post reviews, make comments, provide testimonials and make recommendations on the content on our Website. The content however must not be illegal, obscene, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties and is not permitted to consist of or contain software viruses, commercial solicitation, mass mailings, or any form of "spam." We reserve the right to remove such content at any time, and without notice to you. If you post content, and unless We indicate otherwise, you grant Us a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on the Website and on any other marketing material We may create.
All prices and amounts shown on this Site are in Australian Dollars (AUD), unless otherwise noted. If a User submits a request on the Site to purchase printing products, design services or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method. We require each order to be fully paid, including shipping and handling fees, if applicable, before we complete an order. We will not start working on a print job until we receive the full payment. Once a print job has been approved by customer and is already "In Production", no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to production, the customer is responsible for paying the entire amount of that print job along with applicable taxes and shipping/handling fees, unless otherwise noted.
Lowest price guarantee applies to fridge magnets only. If you find a cheaper price on an identical product, Mister Magnets promises to supply that product free if we cannot beat the cheaper price! Our lowest pricing promise includes: (a) competitors specials, (b) all pricing from retailers, wholesalers, distributors, and manufacturers, (c) all online and corporate pricing, (d) package deals, provided we offer an identical package offer. Mister Magnets reserves the right not to supply to competitors. For a product to be covered by our 'Lowest Price or its Free Promise', it must be: (a) an identical item offered by Mister Magnets, including delivery and any other charges; (b) pricing, availability and terms must be verifiable by Mister Magnets; (c) Competitor pricing is always compared as a total price, including any delivery and any other fees; (d) available for order as a single unit for the advertised price (i.e. not a package deal), unless an identical package deal is currently being offered by Mister Magnets and also delivery time must not be more than 14 days from order (e) available to both the general public and Mister Magnets; (f) advertised, available and being offered by an Australian company in Australia. The Mister Magnets Lowest Price or it's Free Promise is subject to a maximum order size of $2000
Payment of the quoted price is required in advance and prior to the provision of services, except where Mister Magnets directs, and customers are required to make payment according to the terms set out in the invoice. If the customer fails to make payment, Mister Magnets shall be entitled to charge an administration charge at a rate of 2.5% per month on a cumulative basis on all overdue monies from the due date up to the final date of payment. As long as any monies remain unpaid by the customer, Mister Magnets shall be entitled to claim a possessory lien over any materials of the customer in the possession of Mister Magnets. If the Client has an account with Mister Magnets the client agrees to pay all amounts due in clear funds within the Company's agreed timeframe but no later than 30 days from the date of invoice. The Client agrees that if it fails to pay in accordance with this clause, the Company may. (a) Charge a dishonour handling fee in the amount of $100.00 (b) Recover all collections costs and expenses incurred in collecting overdue accounts on an indemnity basis, (c) Withhold supply, (d) Sue for the money owing on the goods or services provided. In the event where this agreement has been entered into by more than one party each party shall be jointly and severely liable for any amounts overdue.
Credit card information collected for the purpose of payment of products purchased from Mister Magnets will be stored securely using a PCI DSS compliant solution. Credit card information will be masked on your account and will not be visible to Mister Magnets employees. (a) Provision of credit card information as payment for the product/s constitutes an agreement by you to purchase of the selected product/s, (b) You must not pay or attempt to pay for product/s using fraudulent credit card information.
Mister Magnets reserves the right to charge the amount of any tax payable whether or not included on the estimate or invoice. The current GST is at 10%.
When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. We make no warranty in respect of the strength or effectiveness of that encryption and accept no responsibility for events arising from unauthorised access of the information you provide.
By making a purchase through the Website you warrant that you are over 18 years of age.
Production time begins after receipt of the complete order, approved artwork and payment. Printing turnaround time begins once your order has been placed and your print-ready files have been uploaded to your account, attached to your printing job, and approved for printing. Printing turnaround time begins when we receive approval for your proof and full payment has been made. For printing jobs that do not have complete digital source files provided or have submitted files that are not print-ready, printing turnaround begins when we have your print-ready file(s), not from when the order was first submitted. Please note that there is no production or shipping on Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, while Production Turnaround includes printing, cutting, and packaging, it does not include design, mailing, or shipping transit times, and you should allow additional business days for delivery based on the shipping method we select. The estimated production turnaround advertised on this site is based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays and holidays.
Shipping transit times vary, and Mister Magnets assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc. All shipments are F.O.B. Factory. Unless shipping methods or instructions are specified, we reserve the right to ship by the most beneficial means of transportation. Standard handling charges per box apply to all shipments, including 3rd party freight arrangements. Complete shipping instructions must accompany each order. Due to variances in freight lines and charges, all freight estimates are estimates only. Mister Magnets is not responsible for final shipping charges. Freight Carriers: Freight carriers charge us for address changes caused by incorrect information on purchase orders. Any fees we incur will be invoiced to the customer after we are notified. Additional charges billed to Mister Magnets by carriers due to changes in original shipping agreement will be invoiced to the customer.
For orders requiring less than minimum standard production time, a rush charge may apply depending on production capacity. Contact customer support for production time confirmation and applicable charges.
You may not cancel all or part of an order once it has been received by Us. We also reserve the right to cancel your order if: (a) You provide an unauthorised credit card, (b) We are unable to process payment on the credit card provided, (c) You provide invalid personal details or (d) the product has become unavailable. We will notify you before cancelling your order.
You may not return unwanted or incorrectly ordered product/s to Us and We will not accept them.
We will refund or replace (at our sole discretion) any product/s that is damaged during delivery. Should a product/s be damaged during delivery, you must notify Us of the damage within 48 hours of the product/s being delivered. You acknowledge and agree that We will make enquiries regarding product/s damaged during delivery with the relevant delivery company and this may include obtaining evidence of the damage from you. You must provide Us with such evidence if requested. Should the relevant delivery company refuse to acknowledge that the product/s were damaged during delivery, We may refuse to replace or refund the product/s at Our sole discretion.
All complaints must be registered within 24 hours of receipt of your final printing job. If we determine that your job contains manufacturing errors and/or defects, we will rerun your job at no charge.
We will refund or replace any product/s that is lost during delivery. Should a product/s be lost during delivery, you must notify Us of the loss within 5 working days of its anticipated delivery time. You acknowledge and agree that We will make enquiries regarding product/s lost during delivery with the relevant delivery company and this may include obtaining evidence of the loss from you. You must provide Us with such evidence if requested. Should the relevant delivery company refuse to acknowledge that the product/s were lost during delivery, We may refuse to replace or refund the product/s at Our sole discretion.
If any part of this agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severed from the agreement and the severed part will not affect the validity and enforceability of any remaining provisions. Any waiver of the Company's right under this agreement must be in writing and signed by an authorised representative of the Company.
You will at all times indemnify, and keep indemnified, Us and Our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by Us arising from any claim, demand, suit, action or proceeding by any person against you or Us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement. Save in respect of personal injury or death due to the negligence of Mister Magnets, Mister Magnets shall not be liable to the Client in respect of any loss suffered by the Client due to any defect in the Goods. Mister Magnets shall not be liable to the Client or any third party for any loss of profit, consequential or other economic loss suffered by the Client arising in any way from this Agreement. Save in respect of personal injury or death due to the negligence of Mister Magnets the liability of Mister Magnets under these Conditions shall not exceed the Price. Additionally, please note all products and photos with trademarks and logos used are to show art and imprint reproduction capability only. They do not imply an endorsement by holders of such trademarks or designs. They are not meant to be advertisements, nor are these items for sale to anyone other than parties expressly authorised by the owner of such trademarks and logo designs. Each and every buyer represents and warrants that all artwork, product design, text, and other contact (“Content”) provided to Mister Magnets in connection with any order for products and services, does not violate or infringe the intellectual property rights of any third party.
Every endeavour will be made to deliver the correct quantity ordered. However some variation is inherent in the print process and it is understood and accepted as reasonable that minor variations are immaterial and that Mister Magnets shall have no liability in respect of such variations. Due to the gang run method that Mister Magnets uses, we cannot guarantee that every order will be the exact number of items which was ordered. Mister Magnets can only guarantee that it will come within plus or minus 5% of the number of items ordered. The customer shall assume that quantities of materials supplied shall be adequate to cover normal spoilage accordingly if the quantities of materials supplied are not sufficient to cover normal spoilage (“an Insufficient Supply”) then Mister Magnets shall have no liability for any shortfall in quantity to the extent that such shortfall arises as a result of such Insufficient Supply. This includes the tabbing machine service.
On rare occasions a production run may contain a small percentage of unacceptable product. This includes our tabbing service. It is standard practice for Mister Magnets to supply over-runs at no additional cost to cover the unlikely event of any defective product being supplied that may have been overlooked at final inspection. Additional work required (including but not limited to folding, inserting, counting or bundling) after receiving the material from the client and not included in the quotation, may be added to the account due, under written or verbal advice. Every endeavour will be made to deliver the correct size as ordered. However some variation (up to 2mm) is inherent in the guillotining process and it is understood and accepted as reasonable that minor size variations are immaterial and that Mister Magnets shall have no liability in respect of such variations. Due to variations in inks, materials, and press runs, colours may not match previous orders exactly. Due to the shrinkage of material during the production process, copy may not be perfectly centered or registered on each magnet. This applies to all magnets. Due to the manufacturing process for custom shapes, all copy will not be perfectly centered on each magnet. This includes the tabbing machine service.
You accept that Mister Magnets reserves the right to stamp our company details on the reverse side of all our magnets, irrespective of any samples you may have received whether they were stamped or not.
Other than vehicle door magnets, all Mister Magnets refrigerator magnets are intended for indoor use only. Our fridge magnets are not designed to withstand rain, moisture or extreme heat.
You agree that we are not responsible for any damage to your customers refrigerators including scratches, stains or marks.
Faxed orders are considered originals and will be processed as such. Due to rough transmissions, faxed orders may be difficult to read. Mister Magnets is not responsible for any copy misinterpreted when an order is received by fax. Providing confirmation of this information by email to customer service is recommended to prevent interpretation of copy error.
All material provided to Mister Magnets shall remain the responsibility of the customer who indemnifies Mister Magnets against any loss or damage to the material, and the customer shall be responsible for reinstatement and replacement costs and/or insurance as the customer deems necessary. Where any client's material cannot be processed, or removed from Mister Magnets premises within 2 weeks of delivery, the customer shall bear a minimum storage charge of $60 (incl. GST) per week. Where any material cannot be processed, and not removed from Mister Magnets premises within three (3) months, Mister Magnets may, at the customer's expense, arrange return or disposal as Mister Magnets sees fit.
If the Client: (a) Fails to pay for any goods or services on the due date; or (b) Otherwise breached this agreement and failed to rectify such breach within seven days notice; or (c) Cancel delivery of goods or services; or (d) Commits an act of bankruptcy or allows a trustee in bankruptcy or receiver and manager to be appointed to the Client or any of its property; or (e) Allow a judgment or order to be enforced or become enforceable against the Client's property; or (f) Permits proceedings to be commenced to wind the Client up or controller, receiver, administrator, liquidator or similar officers appointed to the Client in respect of any part of its property; Then the Company may enter upon the Client's premises (doing all that is necessary to gain access) where goods supplied under this contract are situated at any time and re-take possession of any or all of the goods the Company has supplied to the Client and: (a) Resell the goods concerned; (b) Terminate the agreement; and (c) Sue for any monies owing. The Client and the Guarantor jointly and severally authorise the Company to engage in the exchange of information with a credit reporting agency or with other such parties as are necessary to give effect to the contract and to the ongoing relationship between the parties here to. The Company reserves the right to report a Client's delinquent account to a credit reporting agency should payment remain outstanding for more than 60 days. In addition the Company may refer the outstanding account for debt collection or issue legal proceedings to recover any outstanding invoices. Should an account be referred for debt collection the Client acknowledges and agrees to pay all debt collection charges.