Official Terms and Conditions: Black Friday/Cyber Monday Lexmark Printer Bundle Promotion

These Promotion Terms and Conditions (“T&Cs”) govern the Lexmark Printer Bundle Promotion (“The Promotion”) offered by TonerPrint (ABN: 32 621 424 182, referred to as “The Promoter” or “TonerPrint”).

Overarching General Terms and Conditions:

All transactions, including the Qualifying Purchase, are also subject to The Promoter’s general terms and conditions for service, which are available at: https://tonerprint.com.au/policies/terms-of-service. In the event of any inconsistency or conflict between these Promotion T&Cs and the General Terms and Conditions, the provisions of the General Terms and Conditions shall prevail, except where these Promotion T&Cs provide specific, conflicting rules regarding the Free Gift, Clawback Clause, and Anti-Abuse Measures.

Participation in this Promotion constitutes acceptance of both these T&Cs and the Promoter’s General Terms and Conditions, which are subject to, and cannot exclude, restrict, or modify the statutory rights and remedies under the Australian Consumer Law (ACL).

1. Definitions and Acceptance

Acceptance: By placing an order for a Qualifying Purchase during the Promotion Period, the customer agrees to be legally bound by these T&Cs.

2. The Offer and Eligibility

2.1 The Offer: Customers who make a Qualifying Purchase from TonerPrint during the Promotion Period will receive one (1) Free Gift, while stocks last.

2.2 Eligibility:

• The Qualifying Purchase must be completed in a single transaction during the Promotion Period.
• The Managed Print Service (MPS) contract must be executed with a minimum non-cancellable term of 12 months. Early termination of the MPS contract prior to the 12-month minimum term, except as required by the ACL, will trigger the mandatory deduction clause in Section 4.2.
• The offer is strictly limited by available stock of the Free Gift and may be withdrawn without prior notice once stock is depleted.
• Existing trade accounts or wholesale buyers who already receive preferential pricing must be explicitly excluded from participating in this retail Promotion.

3. Usage Restrictions and Anti-Abuse Measures

3.1 Three-Unit Rule: The Promotion is strictly limited to three (3) Free Gift per customer, per household, per delivery address, per billing address, and per Australian Business Number (ABN). TonerPrint reserves the right to cancel or void any orders placed by the same individual, group, or entity attempting to circumvent this limit by using multiple accounts, names, payment methods, or delivery addresses.

3.2 Prohibition on Combination: The Promotion is exclusive and cannot be combined, "stacked," or used in conjunction with any other discount, promotional offer, coupon, voucher, or loyalty reward, regardless of its source.

3.3 Order Verification: All orders relating to this Promotion are subject to mandatory identity and payment verification prior to shipping. TonerPrint reserves the right to hold or cancel any order flagged for potential fraudulent activity, abuse of the Single-Unit Rule, or for which payment details cannot be verified.

4. Returns, Refunds, and The Clawback Clause (Mandatory Deduction)

The Qualifying Purchase (3 Lexmark printers + MPS contract) and the Free Gift (HP ProBook 440 G10) are considered a single, inseparable promotional bundle for the purposes of refunds and returns.

4.1 Change-of-Mind Returns:

• For change-of-mind returns or exchanges of the Lexmark printers, the customer must return all three (3) Lexmark printers and the Free Gift.
• All items, including the Free Gift, must be returned in their original, unused, and undamaged condition, including all original packaging, documentation, and accessories.

4.2 Mandatory Deduction (Clawback Clause):

• If the customer returns the Qualifying Purchase for a change-of-mind refund but fails to return the Free Gift, TonerPrint will legally deduct the Full Retail Value (FRV) of the Free Gift, $1,999.00 AUD, from the total refund amount due to the customer.
• If the customer terminates the Managed Print Service (MPS) contract before the 12-month minimum non-cancellable term has been fulfilled, and the Free Gift is not returned in its original, unused, and undamaged condition, the full retail value of the Free Gift, $1,999.00 AUD, will also be deducted from any refund amount due, or otherwise immediately payable by the customer to the Promoter, as a recovery of the incentive value.
• If the total cost of the Qualifying Purchase (printers and service fees paid to date) is less than $1,999.00 AUD, the refund will be $0.00, and the customer may still owe the difference to the Promoter.

5. Australian Consumer Law (ACL) Guarantees

5.1 Consumer Guarantees: Nothing in these T&Cs limits, excludes, or modifies any consumer guarantee rights a customer may have under the ACL, including guarantees that goods will be of acceptable quality and fit for purpose.

5.2 Guarantees on the Free Gift: The Free Gift (HP ProBook 440 G10) is also covered by ACL Consumer Guarantees. If the Free Gift is faulty or fails to meet an acceptable quality standard, the customer is entitled to a remedy (repair, replacement, or compensation) as defined by the ACL. This obligation exists independently of the Qualifying Purchase.

5.3 Refunds for Major Failures: If a customer is entitled to a refund due to a major failure of the Qualifying Purchase or Free Gift under the ACL, TonerPrint is required to provide a monetary refund and cannot offer a store credit in lieu of cash. However, the bundled nature of the Promotion remains, and the Free Gift must still be accounted for as per Clause 4.

6. General Conditions

• Governing Law: These T&Cs are governed by the laws of and the Commonwealth of Australia.
• Right to Modify: TonerPrint reserves the right to amend, suspend, or cancel the Promotion or these T&Cs at any time without prior notice, subject to regulatory approval and provided such action is necessary due to unforeseen circumstances or to prevent fraud.
• Publication: These T&Cs must be prominently displayed and accessible to the customer prior to and throughout the Promotion Period.
• Dispute Resolution: In the event of a dispute, TonerPrint will deal with customers in accordance with the ACL and its internal complaints handling policy.