By placing an order on the Website, the Buyer agrees that the Terms shall apply to the supply of the Goods (“Agreement”). The Terms replace any previous terms and conditions and may be varied from time to time by publishing the varied terms and conditions on the Website.

1. Definitions
In these Terms and Conditions:

1.1 “ACL” is an abbreviation of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended from time to time);

1.2 “Buyer” means an account holder ordering Goods as specified on any invoice, document or order, and it includes the Buyer’s personal representatives, successors and permitted assigns;

1.3 “Consequential Loss” means loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of revenue, increased financing costs, loss arising from delay, or any consequential, special or indirect loss or damage, whether or not the possibility or potential extent of the loss or damage was known or foreseeable, and whether arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise;

1.4 “Goods” means all goods or services supplied by the Seller to the Buyer at the Buyer’s request, from time to time;

1.5 “Price” means the amount payable for the Goods in accordance with clause 5 below;

1.6 “Seller” means Detmold Australia Sales Pty Ltd ACN 005 331 466 and includes its successors and permitted assigns;

1.7 “Terms” means these Terms and Conditions of Sale;

1.8 “Website” means www.paperpak.co, www.detpak.com and ubereats.detpak.com.

2. Registering an Account

2.1 To register an account, the Buyer must accept the Terms. Registration of the Buyer’s account is only effective when accepted and communicated in writing to the Buyer by the Seller.

2.2 Registration of an account is for Buyers residing in Australia.

3. Ordering Goods

3.1 A Buyer holding an account may place an order to purchase Goods from the Seller via the Website ("Order").

3.2 Upon an Order being placed, the Seller will send the Buyer an email confirming receipt of the Order.

3.3 Once the Buyer has submitted an Order, it may not be cancelled.

3.4 The Seller may cancel an Order at any time before delivery by giving written notice to the Buyer. On giving such notice, the Seller shall fully refund the Buyer any money paid by the Buyer.

3.5 In the event that the Seller cancels an Order, the Seller shall not be liable for any loss or damage, including Consequential Loss, arising from such cancellation, except to the extent such cancellation is the result of the Seller’s gross negligence.

4. Goods

4.1 The Goods may be available for purchase in full carton quantities only. The Website will identify if this is required.

4.2 Images on the Website are provided for illustrative purposes only and the Seller does not guarantee that any image will reproduce the true colour or reflect or portray the full design or options relating to the Goods.

5. Price and Payment

5.1 The amount payable for the Goods will be specified on the Website at the time of placing an Order. The Price is in Australian Dollars (AUD), and where applicable, inclusive of GST.

5.2 Whilst the Seller takes all reasonable steps to ensure that all prices and the availability of the Goods are accurate, errors may occur. If the Seller locates an error in the price of any Goods which the Buyer has ordered, the Seller will inform the Buyer as soon as possible and give the Buyer the option of reconfirming its order at the updated price, or cancelling it. If the Buyer does not respond to the Seller within 3 business days, the Seller will treat the order as cancelled and if the Buyer has already paid for the Goods, the Seller will provide a full refund as soon as possible.

5.3 The Seller reserves the right to vary the Price from time to time, and such variation is to take effect immediately upon posting of the amended Price on the Website.

5.4 Freight charges will be automatically calculated based on delivery location and the size of the Order and will be payable in addition to the Price. Subject to clauses 5.2, 6.6 and 11, all freight charges are non-refundable.

5.5 The Seller shall not accept any Order if the Price and the freight charges are not paid in full.

6. Delivery

6.1 The Buyer must provide a delivery address within Australia.

6.2 Custom Print orders that have been received, with artwork approved by the Buyer, will be dispatched after a 7-10 business day production lead time for digital print, or 15-20 business days for flexographic print. Stock Product orders received by 1:00pm ACDT on any given business day will be dispatched the following business day.

6.3 For Australian metropolitan deliveries, the Seller’s standard delivery times are 2-5 business days from the date of dispatch, however, during sale / promotional events, delivery may be longer.

6.4 For Australian non-metropolitan deliveries, delivery times cannot be guaranteed. Please contact a customer service representative should you wish to discuss delivery times to non-metropolitan areas.

6.5 All delivery times should be treated as an estimate only and the Seller shall not be liable for any loss or damage, including Consequential Loss, arising from delay in delivery or failure to deliver the Goods, either whole or in part.

6.6 The Seller reserves the right to amend freight charges for Orders which have been calculated incorrectly. The Buyer will be notified by telephone or email prior to dispatch of the Order if amendments to freight charges are required. The Buyer must accept the amended freight charges in writing within 3 business days of receiving notification from the Seller. Upon such acceptance, the Seller will adjust the total amount charged to the Buyer’s credit card in accordance with clause 5.5. If the Buyer does not accept the amended freight charges, the Order will be deemed to have been cancelled and if the Buyer has already paid for the Goods, the Seller will provide a full refund as soon as possible.

6.7 If the Buyer is unable or unwilling to accept physical delivery of the Goods when the Goods are ready for delivery, the Seller shall be entitled to charge a re-delivery fee or to arrange for storage of the Goods for up to 3 months. The Buyer shall be liable for all reasonable transportation, storage and other consequential costs, which may be required to be paid prior to re-delivery.

6.8 After a period of 3 months from the date of the initial delivery, the Order will be cancelled, a credit (less any costs incurred by the Seller pursuant to clause 6.7) shall be raised to the Buyer’s account and the Goods will be put back into the Seller’s stock holding.

7. Risk and title

7.1 Risk of damage or loss to the Goods passes to the Buyer immediately upon unloading the Goods at the Buyer’s nominated delivery address.

7.2 Goods will not be left unattended at the delivery address without the Buyer’s written permission.

8. Privacy

8.1 The Seller’s Privacy Policy is on the Website or available upon request to the Seller and forms part of the Terms.

8.2 The Website may be hosted, or some data may be stored overseas. All personal information derived from Australia will still be treated in accordance with the Seller’s policies whilst being stored overseas.

8.3 The Buyer agrees that the Seller may use or disclose information to its suppliers and to third parties for the purpose of providing the Goods, providing information about Goods; sending information about the Seller and/or the Seller’s services; performing administrative and marketing operations; complying with legislative and regulatory requirements or as otherwise permitted or authorised by law; considering any other application the Buyer makes to the Seller; managing the Seller’s rights and obligations in relation to external payment systems, e.g. credit card schemes and debit payment schemes; conducting market research or Buyer satisfaction research; and developing and identifying products and services that may interest the Buyer.

9. Conditions of Use

9.1 The Website is subject to copyright. This clause 9 applies to both Buyers and visitors to the Website (together referred to as the “Users”). The Users may view the Website and electronically copy or print hard copies of materials or content available on the Website for private and non-commercial purposes only. Any other use or reproduction of materials or content available on the Website are prohibited.

9.2 The Users must not, in any form or by any means:

9.2.1 use or register as a trade mark, business name or domain name any name or logo similar to those used by or associated with the Seller, whether registered or unregistered, anywhere in the world;

9.2.2 do anything that would cause the Seller or the Website to be brought into disrepute; or

9.2.3 copy, reverse engineer or decompile any component of the Website, without the Seller’s prior written consent, such consent to be provided or withheld in the Seller’s absolute discretion.

9.3 The Website may contain links to third party websites. The Seller makes no representations or warranties as to the contents and materials available on third party websites.  The Buyer accesses such third party websites at its own risk.

9.4 The Users access the Website at their own risk. The Seller makes no representations or warranties as to the reliability or suitability of the information contained on the Website.  All representations and warranties are excluded to the maximum extent permitted by law.

9.5 To the maximum extent permitted by law, the Seller will not be liable for any loss or damage suffered by the Users as a result of their use of the Website, and the Users hereby indemnify the Seller in respect of any such loss or damage suffered by the Users or a third party as a result of the Buyer’s use of the Website.

10. Termination

10.1 The Buyer agrees that the Agreement between it and the Seller shall commence on the date that it registers an account and shall continue until such time as it is terminated by the Seller (in accordance with clause 10.2) or the Buyer closes its Account.

10.2 If the Buyer has breached any term of the Agreement, the Seller may terminate the Agreement and close the Buyer’s Account by giving the Buyer written notice.

10.3 Termination of the Agreement will not affect the accrued rights and remedies of either party.

11. Defects, Warranties and Returns

11.1 Subject to clause 11.3, Please see our Return Policy.

11.2 The Buyer must within thirty (30) business days of delivery notify the Seller in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description in relation to the Goods. Upon such notification the Buyer must, within a reasonable time following delivery, allow the Seller to inspect the Goods. If the Buyer fails to provide such notice, then the Goods will be deemed to compliant and free from any defect whatsoever.

11.3 Subject to this clause 11, returns will only be accepted provided that:

11.3.1 the Buyer has complied with the provisions of clause 11.2; and

11.3.2 the Seller has agreed in writing to accept the Goods for return; and

11.3.3 the Goods are returned by the Buyer to the Seller within the time requested by the Seller; and

11.3.4 the Goods are returned in the same condition to that in which they were delivered.

11.4 Under applicable State, Territory and Commonwealth Law (including, without limitation the ACL), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the ACL) may be implied into the Terms (“Non-Excluded Guarantees”). Nothing in the Terms is intended to exclude or restrict the application of such laws.

11.5 The Seller’s liability for breach of any Non-Excluded Guarantees, conditions or warranty is limited at the Seller’s option to, in the case of Goods, the repair of the Goods, the replacement of the Goods or paying for the cost of repair or replacement the Goods.

11.6 Notwithstanding clauses 11.1 to 11.5, but subject to the ACL:

11.6.1 except to the extent of gross negligence by the Seller’s employees, agents or sub-contractors, the Seller shall not be responsible for the consequences of any representation made or technical advice given by its employees, agents or sub-contractors in connection with the design and use of the Goods, and the Buyer agrees that all such advice is accepted by the Buyer entirely at the Buyer’s risk;

11.6.2 except as otherwise expressly specified in the terms of any applicable written warranty provided by the Seller, the Seller’s liability to the Buyer for any defect in the Goods, or the supply of the Goods, is limited, at the Seller’s option, to in the case of Goods, the repair of the Goods, the replacement of the Goods or paying for the cost of repair or replacement of the Goods;

11.6.3 except to the extent of gross negligence of the Seller, the Seller is not liable to the Buyer or anyone else in connection with the Goods or the supply of the Goods or the Terms, including without limitation for:

(a) any losses, costs, damages, expenses and claims (including without limitation for damage to the Goods or injury to any person) arising from: 

(i) the loading, unloading or delivery of the Goods;

(ii) a failure to deliver, or delay in delivering, the Goods;

(iii) the removal of defective Goods.

(b) any direct, indirect or Consequential Loss or damage; and

(c) any claim by a third party against the Buyer (or any loss, damages or liability incurred or suffered by the Buyer as a result of any such claim, action or proceeding).

11.6.4 the Buyer indemnifies the Seller from and against all losses, damages, costs and expenses suffered or incurred by the Seller, and all claims and demands made or brought against the Seller, arising out of:

(a) the Seller’s use of or reliance on any materials, design, drawing or specification provided to the Seller by the Buyer (including any allegation or claim that any such use or reliance by the Seller infringes the intellectual property rights of any person);

(b) the Buyer failing to properly maintain or store any Goods;

(c) the Buyer using the Goods for any purpose other than that for which they were designed;

(d) the Buyer continuing the use of the Goods after any defect became apparent or should have become apparent to a reasonably prudent user;

(e) the Buyer failing to follow any instructions or guidelines provided by the Seller;

(f) fair wear and tear, any accident, or act of God.

12. General

12.1 This Agreement is governed by the laws of South Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.

12.2 The failure by the Seller to enforce any provision of the Terms shall not be treated as a waiver of that provision, nor shall it affect the Seller’s right to subsequently enforce that provision. If any provision of the Terms shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

12.3 Subject to clause 11, the Seller shall be under no liability whatsoever to the Buyer for any Consequential Loss suffered by the Buyer arising out of a breach by the Seller of the Terms.

12.4 The Buyer must not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Seller. The Seller may assign or transfer its rights or obligations under this Agreement at any time without obtaining the Buyer’s consent.

Cup & Carry respects the privacy of your personal information and data in our care, and we are committed to maintaining the security of all such information provided to Cup & Carry in accordance with the Privacy Act 1988 (as amended), the Australian Privacy Principles and any other applicable laws or regulations governing privacy, personal information or data and its collection, acquisition, management, storage, use, transfer, exchange or destruction. To the extent that the European Union General Data Protection Regulation (GDPR) applies, Cup & Carry will comply with the GDPR in management and treatment of data.

Cup & Carry (or “we”, “us” or “our”) is how we describe ourselves in this privacy policy.

This privacy policy outlines how we collect, acquire, use, process, manage, transfer, exchange and disclose personal information. We will always carry out these activities lawfully and fairly.

By viewing this website, completing a credit application or entering into contracts with us or otherwise providing us with your personal information, you agree to the terms of this privacy policy. You may withdraw your consent (as you are entitled to do) at any time in writing, but if you do, it might mean that we are unable to provide you with the goods or services you want.

What this privacy policy covers:

• What information is collected and why
• Ways we collect your information
• Cookies
• Website Analytics
• How information is stored, managed and protected
• Information disclosure
• International Data Transfer
• Data Protection Officer
• Your Data Protection Rights
• Exercise of your rights
• How to contact us

What information is collected and why

Personal information is collected by Cup & Carry from individuals for business purposes and may be collected from customers, potential customers, suppliers and their representatives, contractors and job applicants.

Business purposes may include the processing of payments, delivering orders, managing promotions, providing refunds, verifying your identity, communicating with you, conducting market and product research, dealing with enquiries from you, working with our service providers and other Cup & Carry companies and providing, administering and improving our products and services.

The types of personal information which may be collected from you via our contact forms, enquiry forms, quote lists, surveys includes: name, title, email address, street address, mailing address, delivery details, telephone numbers, business details, artwork, payment details, order history, product preferences, credit card details and financial information.

All designs and photographic material displayed on the Cup & Carry website can not be used without prior written authorisation. 

Job applicant information collected may include other information, see below under ‘Job Applications/Expression of Interests’.

Cup & Carry may in the course of its business use personal information for direct marketing of its products and services. You may opt out of receiving future marketing communications from Cup & Carry by contacting us directly at any time.

If you are resident or present in a country in the European Union, then unless you have previously given your consent to receive marketing communications, you will need to positively consent and “opt in” to receiving such marketing communications.

Ways we collect your information

General
We collect your personal information in a number of ways; written forms (including order forms, enquiry forms, credit applications and job applications), via email, letter, fax or telephone contact, your mobile or other messaging technology, via the internet including websites and social media, via our websites, in person either directly from you, from publicly available sources of information or from other persons or organisations.

Job Applications / Expressions of Interest
We collect your personal information when you apply for a job by submitting an Expression of Interest for a role with us, or during the recruitment process. This personal information may include; your name, email address, street address, mailing address, telephone number, legal employment eligibility, employment history, skills, qualifications, licences, referee details, medical, background checks and video interviews. Other information may be requested such as the type of role you are interested in and what other career interests you may have. Other questions may be asked that are relevant to the role advertised and to working with Cup & Carry.

Your personal information obtained via a job application will be used to assist us throughout the recruitment process including; verification of identity, verification of legal employment rights, background checks, contacting referees, skills and psychometric tests and we may also contact you regarding other employment opportunities within Cup & Carry.

Cup & Carry will not share, trade or sell personal information for marketing purposes.

Cookies

Cup & Carry websites uses ‘cookies’. A cookie is a piece of data that is stored on a computer or device which allows us to enhance your online experience with us.

When one of our websites is visited, records of visits are logged for statistical, maintenance and improvement purposes. The service or internet provider address is collected and cannot be traced to an individual user. We do not identify the browsing history of our website users and visitors. The only exception to this is where a law enforcement agency lawfully requires us to, or we are required to do so under local law.

If you do not wish to accept cookies, you can set your browser to refuse them.

Website analytics

Some of our websites use Google Analytics which captures data about the traffic to our websites. This data does not identify individual users, and we use this data to help us understand how our websites are used.

How information is stored, managed and protected

Personal Information is either stored in facilities that Cup & Carry owns and manages or those that are owned and operated by our service providers.

Cup & Carry takes reasonable steps to maintain the security and protect all personal information in our care. These include restricting electronic and physical access to personal information; having in place information back up and standby systems to deal with major business interruptions; maintaining technology security products; requiring any third party providers to have acceptable security measures to keep information secure, including confidentiality arrangements; destroying or de-identifying personal information pursuant to the appropriate laws.

Information disclosure

Cup & Carry may provide personal information to relevant Cup & Carry employees, sub-contractors, distributors and third party advisors who require this information as a part of the work they perform on behalf of Cup & Carry.

Personal information related to job applications/Expressions of Interest may be disclosed to those people in Cup & Carry involved in the recruitment process, hiring managers and any recruitment advisors for the purposes of consideration for employment within Cup & Carry.

International data transfer

Cup & Carry operates businesses in multiple jurisdictions, some of which are not located in the European Union or European Economic Area (EEA). While countries outside the EEA do not always have strong data protection laws, we require all service providers which process your information to do so in a secure manner and in accordance with Australian privacy laws and EU laws on data protection. We use standard means under EU law to legitimise data transfers outside the EEA.

Cup & Carry is required to maintain confidentiality of your information and its use is restricted to the purposes as outlined in this Privacy policy. The only exception to this is where a law enforcement agency lawfully requires us to provide certain information, or we are required to do so by law.

Data Protection Officer

We have appointed a Data Protection Officer (“DPO”) (or privacy officer) to oversee compliance with this policy. 

You have the right to make a complaint at any time to a supervisory authority. The data protection supervisory authority for you depends upon the country or geographical area in which you are located.

Your data protection rights

Under certain circumstances, by law you have the right to:

Request information about whether we hold personal information about you, and, if so, what that information is and why we are holding/using it.      

Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see 5. below).

Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.

Object to automated decision-making including profiling, that is not to be subject of any automated decision-making by us using your personal information or profiling of you.

Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

Request transfer of your personal information in an electronic and structured form to you or to another party (commonly known as a right to “data portability”). This enables you to take your data from us in an electronically useable format and to be able to transfer your data to another party in an electronically useable format.

Withdraw consent. In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes to which you originally agreed, unless we have another proper and legitimate basis for doing so.

Exercise of your rights

If you want to exercise any of these rights, then please contact our DPO at the email address below.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly completely unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it. If you have any complaints in respect of our handling of your personal information, we require that you contact us by email. Please provide as much detail as you can about the particular information you have a question or concern about. Cup & Carry will within 7 days of receiving any complaint, provide you with a written response acknowledging receipt of the complaint and set out how we propose to deal with it. We will then investigate the complaint and within 30 days of the date of your complaint or such longer period as agreed by you in writing, provide you with the outcome of our investigation in writing.

How to contact us

You can contact us in writing via email to hello@cupandcarry.com.au. Please write ‘To the Data Protection Officer’ in the subject line of your email.

This privacy policy was last updated in April 2024.

Changes to privacy policy

Our privacy policy may change from time to time. Any changes will be communicated to you by way of notice on our website.

Yes, we can hold stock for you. Please contact us to discuss your options.