1. PLACING AN ORDER
1.1 If you wish to place an order using our website, you will need to create an account with us first. To create an account with us, you must:
(a) give us accurate and current personal information, including your full legal name, residential address and/or postal address and a valid email address; and
(b) you must either be over 18 years of age or have legal capacity to contract with us.
1.4 You must, at all times, keep your account password secure. You are solely responsible for any activity that takes place on your account (including all orders placed using your account). We are not responsible for any unauthorised activity on your account. We may refer fraudulent, abusive and/or illegal activity to Government authorities.
1.5 You must not use another person’s account. If you know about or are suspicious of any unauthorised use of your account or that your password has been compromised, you must immediately let us know and take steps to re-secure your account (including by changing your password).
2. INFORMATION ON PRODUCTS
2.1 The information about products on our website is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as otherwise provided by law (including, without limitation, Australian Consumer Law), we are not responsible in any way for inaccuracies or errors caused by incorrect information supplied to us by third parties.
2.4 We always aim to represent products as best we can. However, because of photographic, screen and/or other limitations related to the representation of products, some actual products may differ in visual appearance (for example, in colour, shape or size) from the way they appear on our website. We will not be held responsible in any way for any differences which may exist.
3. PROCESS FOR PLACING ORDERS
3.1 When you place an order with us, you should follow the instructions on our website as to how to place orders and for making changes to orders before you place your order.
3.2 Once you have selected the product(s) you wish to buy, regardless of any former price you may have seen or heard, you will then be shown on our website the price that you will actually have to pay including any GST and/or other charges (if any) for your order. Unless otherwise clearly stated, all prices are shown in Australian dollars only.
3.3 You must pay for your order in full at the time of placing the order using any one of the different methods available to you on our website. To place your order, you will be required to have full authority to use the payment method you select. To pay for your order, you will need to have enough funds or credits to cover the full cost of the order. We may be required to verify your payment details before processing your order and to carry out any required security checks.
3.4 If you find out that you have made an error in placing your order after you have submitted it on our website, then you should immediately contact us by email on email@example.com While we will try and make changes to any incorrect orders you place, we cannot guarantee that we will be able to vary your order consistent with your instructions.
3.5 Once your order has been approved, and payment received, we will send you, by email, a confirmation of your order. Our initial email to you, will be only an acknowledgement of your order and not an acceptance of the order. We will only have a contract with you, once we have sent you a second email with a shipment confirmation of your order.
3.6 We are under no obligation to you to supply you with any product(s) until we have accepted your order. We may, at our discretion, reject your order for the following reasons:
(a) due to the product being unavailable, temporarily or permanently; or
(b) because we believe that you may be planning to on-sell our product(s) to other consumers.
3.7 Until we accept your order, we are not required to process your order and you have the right to cancel your order. If either you or us cancel an order, for any reason, before it has been accepted, then we will promptly refund to you any payment you already made using the payment method you initially used for your order.
4. DELIVERY OF PRODUCTS
4.1 We will always try to deliver products to you at the place of delivery , you requested within the delivery time we indicated to you when you placed your order. However, we cannot guarantee we can deliver to all places or commit to fixed delivery dates for our products. You should check with us first your delivery date, before placing an order.
4.2 We will not charge you anything for the shipping of products to you within metropolitan areas. If your area falls outside of a metropolitan area, you should check with us if there are any additional shipping costs.
4.3 We will let you know if we do not expect to deliver your ordered product(s) on time. To the maximum extent allowed by law, we will not be responsible or liable in any way for any losses, liabilities, costs, damages, charges or expenses resulting from any delay in the delivery of our products.
4.4 We will aim to leave all orders placed at the delivery address noted by the customer, at the time of placing the order. If, however, the delivery driver considers it unsafe or otherwise difficult to leave the order at the delivery address, then your order could be redirected to another collection location or you could be asked to collect the product(s) yourself, from our store.
4.5 You must ensure that you can accept delivery of your order without too much delay. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the product(s) from the carrier within 5 business days of our first attempt to deliver the product to you, then we may (without affecting any other right or remedy which we may have) do either or both of the following:
(a) charge you for our reasonable storage and other costs which we have to pay; and/or
(b) no longer make the product(s) available for delivery or collection and notify you that we are cancelling your order. If we do this, then we will refund to you what you paid for your product(s), using the method you used for payment, less our reasonable administration costs (including for attempting to deliver and then returning the product(s), and any other reasonable storage and other costs).
4.6 It may not be possible for us to deliver products to all locations. If we are unable to deliver product(s) you have ordered to your noted delivery address, then we will let you know, using the contact details that you provide to us when you placed your order with us and arrange for either:
(a) the order to be cancelled; or
(b) for you to nominate a new address for the delivery of the product(s).
4.7 All risk in product(s) you order from us will pass to you upon the delivery of the product(s) to your nominated address. If for any reason the delivery of product(s) is delayed, then risk in the product(s) will pass only once the product(s) have actually been delivered to you. From the time when risk passes to you, we will not be liable or responsible for loss or destruction of the product(s).
5. CANCELLATION OF ORDERS
5.1 We may cancel your order if the product(s) is no longer available. We will let you know if this is the case and provide you with a full refund of what you paid for the product(s), using the payment method you used in placing your order.
5.2 If you wish to cancel your order before it has been shipped to you, then you should contact us by email to firstname.lastname@example.org . If you cancel an order with us, before we have shipped the product(s) to you, then we will not charge you any cancellation fees. Once an order has been shipped to you, you will only be able to cancel your order, if the product(s) is faulty or defective (see clause 7 below).
6. OVERSEAS ORDERS
6.1 Unfortunately, at present, we only accept orders from within Australia and to be delivered to an Australian address. We do not accept orders placed by customers located overseas, who wish to have the order delivered to a location outside of Australia. We may, but are not required to accept orders from a customer located overseas, who wishes to have the product(s) delivered within Australia.
7. FAULTY OR DEFECTIVE PRODUCTS
7.1 If you have received a product from us, and it is faulty or defective, in any way, then please contact us by email on email@example.com . Once you have contacted us, we will aim to guide you through our returns process and help resolve the issue as quickly as possible. For us to help you with returning you products, you may have to send us pictures of the damage, defect or fault for our preliminary assessment.
7.2 If the product is confirmed to be faulty or defective, then we will replace it for you free of charge or refund to you the price of the product using the same method you used to place your order. If we find that the product is not faulty or defective, or if the product is no longer under warranty, then we will ship the product back to the delivery address, you provided us in your order.
7.3 You should note that the following are not considered faults or defects:
(a) fair wear and tear;
(c) failure to use the product in accordance with manufacturers’ instructions;
(d) using it in an abnormal way; or
(e) your failure to take reasonable care.
7.4 Naturally, if you have any greater rights than those detailed in this clause 7 under Australian Consumer Law, then we will meet our obligations under those laws.
8.1 We will only accept a return of one of our products if it is defective or faulty. Returns for faulty or defective products will only be accepted during any warranty period, if a warranty exists. Where a warranty does not exist we will only accept the return of faulty or defective products within a reasonable period of delivery, in accordance with Australian Consumer Law.
10. LIMITATION OF LIABILITY
10.1 To the maximum extent allowed by law, this clause 10 sets out our entire liability, and your sole and exclusive remedies, for:
(a) the performance, non-performance, purported performance or delay in performance of these terms (or any part of them); or
(b) otherwise in relation to these terms or the entering into or performance of these terms.
10.2 These terms do not however exclude or limit your statutory rights as a consumer or our liability for:
(b) death or personal injury caused by our breach of duty;
(c) a breach of any of our obligations at law; or
(d) any other liability which cannot be excluded or limited by law.
10.3 In performing any obligation under these terms, our only duty is to exercise reasonable care and skill.
10.4 To the maximum extent allowed by law, and subject to clause 10.3 above, we:
(a) do not guarantee and/or warrant and we exclude all liability for the accuracy, completeness, fitness for purpose or legality of any information provided on our website;
(b) exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
(e) do not accept and specifically exclude all liability for breach of duty other than any such liability resulting from these terms; and
(f) our affiliates and related entities or our suppliers will not be held responsible or liable for any loss of profits or any special, incidental or consequential damage resulting from or connected with our website, our products and services and/or these terms.
10.5 You should not rely solely on any of the information on our website in making a decision about whether or not to buy a particular product. At all times, you will be responsible for making your own inquiries about products and/or whether or not you should buy them. The decision to buy a product should be based solely on your own opinion only.
10.6 It is your sole responsibility to ensure that any product you order from our website is sufficient and suitable for your own purposes and meets your own particular requirements. We do not warrant in any way that the products available on our website are suitable for any person’s particular circumstances. You acknowledge that all products on our website are standard and not customized for the specific needs and requirements of any particular person.
10.7 To the maximum extent allowed by law, our total liability under any contract we enter into with any of our customers including you, will not exceed, under any circumstances:
(a) for products, the replacement of those products or the supply of equivalent products, the repair of the products, the payment of the cost of replacing the products or of acquiring equivalent products, or the payment of the cost of having the products repaired (whichever is the lowest); or
(b) for services, the supplying of the services again, or the payment of the cost of having the services supplied again.