1. About us
These Terms and Conditions (“Terms”) govern your use of the website hotpromos.com.au and any quote, order or supply of promotional products and decoration services by HOTPROMOS PTY LTD (ABN 81 139 613 344) (“Hotpromos”, “we”, “us”, “our”).
By submitting a brief, accepting a quote or placing an order with us, you agree to be bound by these Terms.
2. Definitions
- Brief means a request for a quote submitted via our website, email, phone or other channel.
- Quote means our written estimate for the supply of products and/or decoration services.
- Order means an accepted Quote that has been confirmed by you in writing (including by email) and which we have acknowledged.
- Artwork means logos, designs, graphics or other materials you supply or approve for decoration on a Product.
- Product means the promotional items supplied by us as described in the relevant Quote or Order.
3. Quotes and orders
All Quotes are estimates only and are valid for 30 days from the date of issue unless otherwise stated. Quotes are not binding offers — a contract is only formed when you accept a Quote in writing and we issue an order confirmation.
We reserve the right to revise a Quote if the scope, quantities, decoration method, materials or delivery requirements change, or if our supplier’s pricing changes between Quote and Order.
Minimum order quantities apply to many Products. These are shown on each product page or in your Quote.
4. Pricing and GST
Unless otherwise stated, all prices shown on our website and in Quotes are in Australian Dollars (AUD) and exclude GST. GST is added at checkout or on the tax invoice at the prevailing rate of 10%.
Prices do not include freight unless explicitly stated. Freight is quoted separately based on destination and weight.
Prices may change without notice due to supplier cost variations, exchange rate movements or other factors outside our control. The price applicable to your Order is the price confirmed in writing when we accept your Order.
5. Payment terms
Unless we have agreed credit terms with you in writing, full payment is required before production begins. Approved account customers must pay invoices in accordance with the credit terms set out on the tax invoice (typically 30 days from invoice date).
We accept payment by bank transfer (EFT), credit card, and approved purchase order. Card payments may attract a surcharge equal to our merchant fees.
Overdue accounts may incur interest at the rate published in the Penalty Interest Rates Act 1983 (Vic) or as otherwise specified on the invoice, and may be referred to a collection agency at your cost.
6. Lead times and delivery
Lead times are estimates only and commence from the later of: (a) receipt of cleared payment (or, for account customers, written Order confirmation), and (b) your written approval of the artwork proof.
While we work hard to meet quoted lead times, factors outside our control — including supplier delays, freight disruptions, customs delays for international stock, and force majeure events — may extend delivery times. We are not liable for any loss arising from a delay outside our reasonable control.
Delivery is made to the address nominated by you in the Order. Risk in the Products passes to you on delivery to that address or to your nominated carrier.
7. Artwork, logos and intellectual property
You warrant that you own, or are properly licensed to use, all Artwork supplied to us, and that our use of the Artwork to decorate Products will not infringe the intellectual property rights of any third party.
You indemnify Hotpromos against any claim, loss, cost or damage arising from any breach of this warranty, including legal costs on an indemnity basis.
You retain ownership of your Artwork. We retain ownership of any artwork or design we create on your behalf until you have paid for it in full, at which point ownership transfers to you. We may retain copies for our records and to fulfil repeat orders.
8. Artwork proofs and approval
For decorated Products we will provide a digital artwork proof for your approval before production. Production will not commence until you have approved the proof in writing.
It is your responsibility to carefully check the proof for accuracy — including spelling, colours, layout, sizing, and product specifications. Once you approve the proof, we are entitled to produce the Order in accordance with the approved proof, and we are not responsible for any error you failed to identify.
9. Variations and tolerances
Due to the nature of promotional product manufacturing and decoration, the following variations are commercially acceptable and do not constitute a defect:
- Quantity tolerance: ±5% of the ordered quantity. We will invoice the actual quantity supplied.
- Colour: Printed colours may vary slightly from Pantone references, on-screen previews or previous production runs due to substrate, ink batch and printing process. We will use commercially reasonable efforts to match nominated Pantone colours but cannot guarantee an exact match.
- Product: Product colour, finish, weight and dimensions may vary slightly from samples or website images due to manufacturer batch variation.
10. Cancellation and changes
Once an Order has been accepted and artwork approved, you may not cancel or change the Order without our written agreement. Where we agree to a cancellation or change, you will be responsible for all costs we have incurred up to that point, including stock, decoration setup, labour and any non-refundable supplier charges.
11. Returns, refunds and Australian Consumer Law
Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Because Products are decorated to your bespoke specifications, we cannot accept returns for change of mind or for variations within the tolerances described above.
If you believe a Product is faulty or does not match the approved proof, notify us in writing within 7 days of delivery with photographs and a description of the issue. We will investigate and, where the claim is upheld, repair, replace or refund the affected Products at our election.
12. Limitation of liability
To the maximum extent permitted by law, and subject to the Australian Consumer Law:
- Our liability for any claim arising from or in connection with the supply of Products or services is limited, at our option, to: (a) repair or replacement of the Products; (b) supply of equivalent Products; or (c) refund of the price paid for the affected Products.
- We are not liable for any indirect, consequential or special loss, including loss of profits, business interruption, loss of goodwill, or loss of opportunity, even if we have been advised of the possibility of such loss.
- Our total aggregate liability arising in connection with any Order is limited to the total price paid by you for that Order.
13. Force majeure
We are not liable for any failure or delay in performing our obligations under these Terms to the extent caused by events outside our reasonable control, including natural disasters, pandemics, government actions, supplier failures, strikes, freight disruptions, power outages, internet outages or acts of war.
14. Privacy
We handle your personal information in accordance with our Privacy Policy, which forms part of these Terms.
15. Governing law and jurisdiction
These Terms are governed by the laws of the State of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.
16. Changes to these Terms
We may amend these Terms from time to time by publishing the updated version on this page. The Terms applying to your Order are those in effect on the date your Order is accepted. We recommend you review these Terms before each Order.
17. Contact us
For any questions about these Terms, please contact:
HOTPROMOS PTY LTD
ABN 81 139 613 344
Factory 6 / 450-466 Princes Hwy
Noble Park North VIC 3174
Email: sales@hotpromos.com.au
Phone: 1300 784 420