- In this Agreement:
“Agreement” has the meaning in clause 1.2;
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act
“Business Day” means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in Victoria, Australia;
“Consumer Guarantee” has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law;
“Customer” means the person or legal entity listed on the purchase invoice or sales document and includes anyone acting on their behalf or with their express or implied authority;
“Delivery Cost” means the costs associated with delivery of Products as specified in an Order, including, without limitation, transport, freight or shipping charges, insurance costs, import and export taxes and duties;
“Intellectual Property” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;
“Order” means an order for Products placed by a Customer on, or via, the Site;
“Products” means the products, goods or items listed or advertised on the Site for sale or otherwise;
“Site” has the meaning in clause 1.1; and
“you" or "your" means the person or entity accessing, using or relying upon the Site and includes, when applicable, the Customer.
- Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
- To purchase the Products listed or advertised on the Site, you must register an account with us (“Account”) by providing your name, a valid email address and nominating a password (Password”). It is free to register an account. If you do not provide accurate and complete details, we may not be able to activate your account or supply Products to you. You agree to keep your Account details current at all times by updating these details via your Account on the Site or by contacting us at email@example.com.
- You will receive an email confirming registration with us shorty after you have created your Account via the Site.
- You may not use one email address to register for multiple Accounts. You must not hold more than one Account at the same time.
- You warrant and represent that your access to, or use of, the Site is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
- You agree that you have sole responsibility for any activity that occurs on or using your Account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your Password or Account.
- We may, in our absolute discretion, terminate your Account, disable your Account or restrict your access to the Site (temporarily or permanently) where you have breached the Agreement or for any reasonable reason and at any time. Under these circumstances, you may be prevented from accessing all or parts of the Site, your Account details or any other content associated with your Account. We will not be liable to you or any third party if this occurs. We may impose limits or restrictions on the use you may make of the Site. Further, we may, for any reason, at any time and without notice to you, withdraw the Site, or change or remove Site functionality.
- The Site may contain links to third party websites. Any links to such websites provided on the Site are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third party content appearing on, or via, other websites linked to this Site. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.
- You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.
- Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, reproduce or transmit any content displayed or published on the Site.
- You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Site does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Site.
- You must be eighteen (18) years of age or over to register as a member of the Site or to Order and/or purchase Products on, or via, the Site. If you are under the age of 18 years (“Minor”), you must immediately cease accessing and using the Site unless you have permission from a parent or guardian to create an Account in accordance with clause 3 of this Agreement. If you are found to be a Minor, we are entitled, at our absolute discretion, to cancel or terminate any Order and/or purchase of Products made on, or via, the Site.
- Any Order and/or purchase made by you using this Site and your continued use of the Site is an acknowledgement by you that:
- you are over the age of eighteen (18) years, or have obtained the relevant permission from a parent or guardian to create an Account; and
- you accept the Agreement and agree that you have entered into a binding legal contract with us in relation to the Agreement.
- If you are a parent or guardian permitting a Minor to create an Account, you agree to:
- exercise supervision over the Minor's use of the Site;
- assume all risks associated with use of the Site as outlined in this Agreement;
- ensure that all content and information that the Minor may encounter on the Site is suitable and appropriate for the Minor;
- assume all liabilities resulting from the Minor's use of our website and their Account;
- ensure the accuracy and truthfulness of all information submitted by the Minor;
- provide the consents contained in this Agreement on behalf of the Minor.
- We may, at any time, request written confirmation from a parent or guardian that you have permission to access and use this Site.
- We reserve the right to take legal action and/or seek compensation for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into by a Minor or from the parent or guardian of a Minor who causes an Order to be placed.
- All prices listed on the Site are in Australian Dollars, include GST (unless otherwise specified) and do not include Delivery Costs.
- All prices displayed on the Site are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
- Promotional discount codes may be given at our sole discretion on terms and conditions notified at the time of the relevant promotional offer or discount.
- If a discount code is entered at the checkout, it has the effect of applying a discount solely across the cost of the Products. Any associated Delivery Cost will be unaffected by the discount code and payable at the ordinary rate.
- You agree to pay Delivery Costs as they are calculated and listed in the Order confirmation at the time of purchase.
- To the maximum extent permitted by law, we reserve the right to refuse a sale to any Customer.
- Although we endeavour to provide accurate and complete information on the Products listed or advertised on the Site, we cannot guarantee that the information is up to date, accurate and complete at all times. We reserve the right to (but are not obligated to) make changes or updates to information displayed on the Site at any time without notice to you.
- Unless otherwise stated, any accessories, decorations or furnishings shown in images of Products on the Site are not included.
- All weights, heights and other measurements listed on the Product specifications are provided for reference and are approximate only.
- You may place an Order by completing the Order form on the Site and clicking the "confirm" button. Orders are subject to the availability of Products requested in the Order.
- An Order is not accepted and legally binding on us until we confirm by email (to your nominated email address as listed in your Account) that:
- payment has been received for the Order;
- the Products are available; and
- the Order has been processed.
- To the maximum extent permitted by law, Orders may not be cancelled by you once they have been accepted by us, unless as otherwise outlined in clause 10.
- We operate an online business and we will communicate with Customers or visitors to our Site who make an enquiry primarily via email. It is the Customer’s responsibility to therefore ensure that the correct contact details are provided and that the nominated email address is regularly checked for correspondence.
- Each Order (once confirmed by us in writing) represents a separate agreement between the parties (and each separate Order placed by you on, or via, the Site will be subject to this Agreement).
- We reserve the right, at our absolute discretion, to:
- refuse to sell or to cancel Orders from Customers that request commercial quantities of Products; or
- cancel your Order at any time prior to dispatch of the Products to you.
- If an Order has been cancelled, refused or cannot be met due to unavailability of Products, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with email acknowledgement of the cancellation and refund.
- We accept no responsibility for Orders that are declined, misplaced, not received or not accepted due to disruptions caused to our internet connections or our computer systems.
- Where you have provided an incorrect or incomplete delivery address for your Order and your Order is returned to us, we may redeliver the Order at your request and charge a redelivery fee for each subsequent delivery attempt.
- We do not guarantee the availability of any Products displayed or ordered on, or via, the Site.
- You can pay for your Order using any of the methods specified on the Site. A surcharge may apply to payments made by credit card depending on the credit card used.
- You agree and acknowledge that we will treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
- If your nominated payment method triggers our internal suspect transaction protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your Order has passed our fraud prevention protocols your Order will not be fulfilled. If you do not provide the requested information within 7 days, your Order will be cancelled and your payment will be refunded back to you via the method in which you paid. These information requests are sent to help protect credit card holders from online fraud though we provide no guarantee that we will identify any or all instances of online fraud that may occur in relation to any Order made on or via the Site.
- Payment processing services for Orders provided by Stripe are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service(collectively, the “Stripe Services Agreement”). Payment processing services for Orders provided by PayPal are subject to the PayPal Legal Agreements (collectively, the “PayPal Services Agreement”). By placing an order and using Stripe and/or PayPal to process payments you agree to be bound by the Stripe Services Agreement and/or the PayPal Services Agreement (as applicable), which may be modified by Stripe and/or PayPal from time to time. As a condition of enabling payment processing services through Stripe and/or PayPal, you agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe and/or PayPal (as applicable).
Delivery and Ownership of Products
- We will use reasonable endeavours to ensure that all Products are delivered in a prompt and timely manner. However, delivery dates are estimates only and factors outside our control may result in delays to delivery. The estimated date of delivery may change without notice. We do not accept any liability for loss or damage suffered by you or anyone as a result of any such delays.
- We deliver Products to the Melbourne metropolitan area, within a 25km radius of Melbourne, Australia. We do not deliver to addresses outside of this area (unless otherwise agreed by us in writing). You can make an enquiry about delivery to a rural location by contacting us at firstname.lastname@example.org. Rural deliveries will incur additional delivery costs. We reserve the right to refuse shipping to rural locations and locations outside of the Melbourne metropolitan area.
- Delivery Costs will vary depending on the Order you have made, the method of delivery, the location for delivery and any taxes or duties that may be charged in relation to delivery of the Order.
- Orders must be paid in full before delivery can be made.
- You acknowledge and agree that it is your responsibility to ensure that you have nominated the correct delivery address and provided sufficient and appropriate details to identify the recipient in making an Order, and we are not responsible for any misplaced parcels or for delivery of any Order to an unintended recipient as a consequence of incorrect details.
- You must ensure that any person who collects or takes delivery of the Products on your behalf is authorised by you to do so. Title and risk in the Products pass to the Customer on signing for delivery of the Products. Where a Customer gives written authority for Products to be delivered without a signature:
- any and all included insurance cover (if any) will be voided; and
- title and risk in the Products pass to the Customer on delivery of the Products to your nominated delivery address.
- The nominated courier will deliver the Products on a Business Day.
- We are not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customer's responsibility to liaise with our nominated courier company in relation to date of delivery and to make themselves available to take delivery at the nominated time for delivery. Any information provided by us to a Customer in relation to the method of delivery and estimated delivery time will be from a third party, and as such we do not guarantee the accuracy or currency of such information.
Repairs, Refunds and Returns
- Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation (the “Acts”) where to do so is unlawful.
- To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to supplying the Products again or payment of the cost of having the Products supplied again.
- To the maximum extent permitted by law, we will not provide you with a refund, or exchange or repair the Products purchased by you on, or via, the Site where:
- the Products are damaged through misuse, accident or abnormal use; or
- the Australian Consumer Law or any manufacturer’s warranty does not apply.
- Consumer Guarantees cannot be excluded and are in addition to any manufacturer’s warranties or extended warranties purchased or given to you.
- If a Product is damaged, incorrect or faulty, you should contact us as within 14 days at email@example.com to arrange your return or exchange. You must comply with directions or instructions given by us in relation to returning the damaged, faulty or defective Products to us or the manufacturer.
- Returned Products must be returned with proof of purchase, be in their original packaging and be in a re-saleable condition. If you are returning Products due to a fault or defect under a Consumer Guarantee, you may return the Products without their original packaging.
- It is the Customer’s responsibility to ensure that returned Products are returned safely and within a reasonable period of time. We accept no responsibility for Products lost in transit.
- Where you are returning Products to us because of our failure to comply with a Consumer Guarantee, Products returned to us will be at our cost. Refunds may take up to 10 Business Days to be processed.
- You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Site and in all Material published on the Site, and we retain all rights, title and interest in the Site and Material (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access, and use, the Site.
- You may access and use the Site (including Intellectual Property Rights contained therein) for your personal and non-commercial use only. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another website or create derivative works from any part of the Site or the Material or commercialise any information obtained from any part of the Site or Material without our prior written consent.
- By uploading, posting, transmitting or otherwise making available any content or material via the Site (“Your Content”), you:
- grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit Your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content; and
- represent and warrant that you either own the Intellectual Property Rights in Your Content or have the necessary permission to upload, post, transmit or otherwise make available Your Content via the Site.
- We reserve the right to terminate any licence granted to you under the Agreement and/or remove any of Your Content from the Website, at any time, for any reason and without notice to you.
- You agree that you will not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site, and that you will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Site.
Linking to the Site
- You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to the Site from any website that is not owned by you.
- This Site must not be framed on any other website, and you must not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission at any time without written notice.
- You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, any breach by you of this Agreement or your or anyone else’s use of the Products.
- To the maximum extent permitted by law, we exclude all:
- conditions, guarantees or warranties expressed or implied by law; and
- any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill),
- To the maximum extent permitted by law, we exclude all:
arising out of, or in connection with, access and/or use of the Material, the Site, or any Products Ordered on, or via, the Site and this Agreement.
- Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed AUD $100. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
- To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by us will be subject to correction without any liability on our part.
- We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site.
- Although we do our best to provide the most up-to-date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.
- Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
- A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
- This Agreement is governed by, and must be construed according to, the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction there.