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Terms of sale and purchase for non-business customers

These terms apply to any customer who does not have an account with Australia Post Limited (Customer).

1. CONTRACT
  1. These terms apply to any sale of goods contract between OfficeMax Australia Limited (our, us or we) and a Customer (you) entered into through this website www.auspost.com.au/stationery.
  2. We may change these terms from time to time without notice, by publishing the new terms on this website.
  3. These terms override all prior negotiations, representations, proposals, understandings and agreements whether in writing or not, relating to the sale of goods by us to you. Accordingly, any goods delivered by us to you (or a person nominated by you) are the subject of a sale of those goods under and in accordance with these terms.
2. SALE AND PURCHASE
  1. Your placement of an order with us (Order) for any goods displayed on this website (the Goods) constitutes an offer by you to purchase the Goods from us on these terms. The Order is placed when it is submitted to us.
  2. The Order is accepted only when we notify you that we accept your Order. For example, we might notify you that we accept your Order by sending you an e-mail stating this or by displaying a confirmation within this website.
  3. If we accept the Order, a binding contract between you and us will arise on these terms (the Contract). The Contract may be amended only by written agreement between us and you.
  4. We reserve the right, at our discretion, to limit the quantity of goods purchased per customer and to reject orders. We will notify you if such limits apply and if we reject the order for any reason.
3. PRICE
  1. The price of the Goods will be as published on this website on the day that you give us your Order for the Goods (Purchase Price). From time to time we may introduce promotions for limited periods that alter the price stated.
  2. We may change our published prices from time to time without notice.
  3. We are entitled to charge a delivery fee, which will be calculated by reference to the goods purchased and the post code of the address stated in the Order. If a delivery fee applies, it will be displayed on the checkout page prior to you submitting your Order and itemised on your invoice.
4. GOODS AND SERVICES TAX

You must pay us goods & services tax (GST) at the prevailing GST rate on any taxable supplies made by us. The Purchase Price includes any GST. Any GST payable by you will be displayed on the checkout page prior to you submitting your Order and will be shown on your invoice.

5. PAYMENT
  1. The Australian Postal Corporation (Australia Post) acts as our agent in relation to the collection of non-credit card payments for Goods which you purchase from us through this website. In these terms, any reference to making payment to us includes, where relevant, making payment to Australia Post.
  2. You must pay us the Purchase Price and any delivery fee in the manner and by the date stipulated in the invoice. The date by which payment must be made will be either 30 days from the date of the invoice or as otherwise agreed by you and us in writing.
  3. We reserve the right to suspend the delivery of any further goods if the terms of payment are not strictly adhered to by you.
  4. Subject to any limitation imposed by law, any expenses, costs or disbursements incurred by us in recovering any money outstanding under the Contract, including debt collection agency fees or solicitor’s costs, will be paid by you.
  5. You must pay us any fees or costs imposed on us if any payment you make to us is dishonoured or reversed.
6. DELIVERY
  1. We may agree to be responsible for delivery of the Goods to you in accordance with clause 8 (Transit Cover). You can order Transit Cover by selecting Transit Cover at the checkout stage and paying an additional fee at the same time you pay the Purchase Price and any applicable delivery fee pursuant to clause 5.1. If you order Transit Cover, the additional fee for Transit Cover will be displayed on the checkout page prior to you submitting your Order and will be shown on your invoice. If you do not order Transit Cover, clause 7 will apply instead of clause 8.
  2. We will be entitled to charge for and recover from you on demand all costs or loss occasioned by failure by you to collect or take delivery of the Goods (as the case may be). Any such costs or loss shall include (but not be limited to) the cost of storage, labour, transportation and administration costs at our prevailing commercial rates.
7. DELIVERY WITHOUT TRANSIT COVER
  1. This clause 7 applies if you have not ordered Transit Cover.
  2. We will arrange for the delivery of the Goods to the address stated in the Order by such carrier and such form of transport we consider to be appropriate. If the carrier does not find a person at that address to take delivery of the Goods, the Goods may instead be temporarily stored at the nearest post office for collection by you as specified on a card left at your address by the carrier.
  3. Risk in the Goods passes to you when we give them to the carrier for delivery.
  4. We will not be liable for any loss or damage, whether direct or consequential, arising out of the misdelivery, delayed delivery or failure to deliver the Goods or any damage to the Goods in delivery, except to the extent such loss or damage is caused by our negligent act or omission.
8. DELIVERY WITH TRANSIT COVER
  1. This clause 8 applies if you have ordered Transit Cover.
  2. We will deliver the Goods to the address stated in the Order by such carrier and such form of transport we consider to be appropriate. If the carrier does not find a person at that address to take delivery of the Goods, the Goods may instead be temporarily stored at the nearest post office for collection by you as specified on a card left at your address by the carrier.
  3. Risk in the Goods passes to you on delivery.
  4. While we may be liable to you for any direct loss or damage arising out of the misdelivery, delayed delivery or failure to deliver the Goods or any damage to the Goods in delivery, we will not be liable for any consequential loss or damage so arising. We will not be liable under any circumstances for any loss or damage, whether direct or consequential, arising from events beyond our control.
9. RETURN OF GOODS
  1. Where any of the Goods are faulty (or become faulty through no fault of yours) or are not in accordance with your order or the law otherwise provides they may be returned, you may, within a reasonable period, return the Goods to us at no cost to you for a refund.
  2. Except as provided in clause 9.1, we will not accept the return of the Goods for credit unless you have completed our on-line credit request form and submitted it to us on-line and we have issued to you a return authority number, in which case the remaining provisions of this clause 9 will apply. In no circumstances will we accept returned Goods for credit after 14 days from the date of delivery. Return freight will be at your cost except where you reject the Goods as a result of an error by us.
  3. No returned Goods shall be accepted by us (despite the issue of a return authority number) if:
    (a) they have been tampered with by you or any other person and are not as new;
    (b) they are Goods expressly sold on a non-return basis; or
    (c) they are not accompanied by our return authority number referred to in clause 9.1.
    Where the Goods are returned to us in such circumstances, they may be returned to you at your expense.
  4. Receipt of any Goods by us or by any of our agents or representatives or any Goods returned other than in accordance with clauses 9.1 or 9.2 or to which clause 9.3 applies, will not constitute nor be deemed to constitute our acceptance of the return of the Goods for credit.
  5. Credit for a return of Goods will not include any amount for delivery fees or Transit Cover fees.
10. TITLE AND RISK
  1. Risk in the goods will pass to you in accordance with clause 7.3 or, if you have ordered Transit Cover, clause 8.3.
  2. Irrespective of the time when risk in the Goods is to pass, passing of property and title in the Goods will be determined as follows:
    a) Property and title in the Goods will remain with us until you have made payment in full of the Purchase Price and any other money you owe under the Contract.
    b) Pending payment in full:
    i) the relationship between us and you will be fiduciary, and you will hold the Goods as bailee for and on behalf of us;
    ii) you will in all cases retain the Goods upon the premises at your address (within Australia to which the Goods were delivered) in a manner such that they are readily identifiable as our property; and
    iii) you will not in any way deal with, part with possession or dispose of the Goods, or attempt to do any of those things.
    c) In the event that you default in payment of the Purchase Price or any other money you owe under the Contract or upon the occurrence of any of the events specified in clause 11, we will be entitled to repossess the Goods. For this purpose you authorise us and our employees, representatives or agents to enter upon your premises to repossess the Goods, and grant all reasonable access rights and we are entitled to do all things required to secure possession. If the Goods are at the premises of another person, you will procure for us equivalent authorisation to enter the premises and rights of access so that we can secure possession. Upon repossession of any of the Goods we will be entitled, in our discretion, to resell the Goods to any third party. You will not have any action whatsoever against us, whether for breach of contract or otherwise.
    d) Without limiting our rights against you for any breach of clause 10.2(b) or any other clause of the Contract, if you sell or otherwise dispose of the Goods, or any other thing in which the Goods have been incorporated, to a third party prior to making payment of the Purchase Price or any other money you owe under the Contract, we will be entitled to so much of the proceeds of such sale equivalent to the amount of money owing to us by you.
  3. In addition to the payment of any other money payable by you to us under the Contract, we shall be entitled to charge for and recover from you on demand all costs, loss or damage incurred by us in exercising any of our rights under clause 10.2, including, but not limited to, the cost of storage, labour, transportation and administration costs at our prevailing commercial rates.
11. CUSTOMER’S LIABILITY AND DEFAULT

If any of the following occur:

  1. you fail to make any payment due under the Contract or commit any other breach of any of your obligations under the Contract; or
  2. an order is made for your bankruptcy, winding up or dissolution; or
  3. you enter into, or resolve to enter into, any arrangement or composition or compromise with, or assignment for the benefit of, your members or creditors; or
  4. a receiver, receiver and manager, trustee, administrator, liquidator or similar official is appointed over any of your property or assets; or
  5. you become insolvent within the meaning of section 92A of the Corporations Act 2001 (Cth); or
  6. any similar event occurs in relation to you, we (in addition to any other remedies we may pursue) may treat the Contract as terminated and any part of the Purchase Price then unpaid, together with any other money owing by you under the terms of the Contract, will forthwith become due and payable. Any such termination shall be without prejudice to any claim or right we may otherwise possess.
12. LIMITATION OF LIABILITY
  1. Nothing in the Contract excludes, restricts or modifies any condition or warranty that the law does not allow us to exclude, restrict or modify. However, all other conditions and warranties, whether or not implied by law, are excluded.
  2. The Trade Practices Act 1974 (Cth) and other laws imply conditions and warranties into certain types of contracts for the supply or sale of goods and services. If any condition or warranty is implied into the Contract under those laws, then our liability (if any) for breach of that condition or warranty in connection with any goods or services we supply under the Contract, is limited, so far as the law allows and at our option:
    (a) in the case of goods supplied or offered by us, to repair or replacement of the goods, supply of equivalent goods (or paying for the cost of this); or
    (b) to the amount paid by you (if any).
13. GOVERNING LAW AND JURISDICTION

The Contract is governed by the laws of the State of Victoria, in Australia. You and we submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.

14. NO ASSIGNMENT

You may not assign the Contract unless you have obtained our prior written consent to do so.

15. SEVERENCE

If any term of the Contract is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder of the Contract, which will continue in full force and effect.

16. NOTICES

All notices under the Contract must be in writing. Notices can be given personally, by fax, by post or by e-mail, to an address or number detailed in the Order. If a notice is sent by post, it will be taken to have been received 3 business days after posting, unless in fact it is received earlier. Any changes to notice details must be notified in writing.

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We reserve the right, at our discretion, to limit the quantity of goods purchased per customer and to reject orders. We will notify you if such limits apply and if we reject the order for any reason.