Terms and Conditions
Conditions of Use
Ordering products
You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions. Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site. You agree to provide us with current, complete and accurate details when asked to do so by the Site.
Accepting or rejecting orders
In certain circumstances, we may need to reject your order. This may happen where the requested Product is not available or if there is an error in the price or the product description posted on the Site. If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
Delivery of products
We will only deliver Products ordered through the Site to a location where delivery services are provided. The Delivery Fee for your order applies within Australia only. We may require that a signature be provided on delivery.
Cancelling an order
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if the Products in that order are not available; or there is an error in the price or the product description posted on the Site for the Product in that order; or that we reasonably believe your order has been placed in breach of these terms and conditions. If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
Fees and charges
We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
Payment methods
You may pay the fees and charges for an accepted order using direct bank deposit, or Visa or Mastercard credit cards via our payment provider (currently PayPal). If you choose to pay by credit card or PayPal, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card or PayPal account. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means. We will provide you with a receipt which specifies the total fees and charges.
Damaged or faulty Products and returns
If a Product is damaged or faulty on delivery, then you should refuse to take receipt of that Product and notify us. If a Product is damaged or faulty or not as described at the time of sale, you should notify us within 14 days of delivery. If so, you may return the product to us. We do not accept returns where goods are as described at the time of sale and not faulty or damaged on delivery. You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund. We will not refund the Delivery Fee where the Products have been delivered to you.
Liability
You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose. We will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to (at our option) the replacement of the goods, the supply of equivalent goods, or the payment of the cost of replacing the goods (or of acquiring equivalent goods).
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
Termination
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and the breach cannot be remedied; or you fail to the remedy the breach within 10 days of our notice to you of that breach; or if there is an emergency.
We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
Changes to these terms and conditions
For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process. We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.
Privacy policy
We respect your privacy. We collect, hold, use and disclose your personal information in accordance with the Privacy Act 1988. The manner in which we generally collect, hold, use and disclose your personal information is set out in our Privacy Policy.
We will collect your personal information through your use of the Site or through your personal contact with us. You agree for us to collect, hold, use, and disclose your personal information in ways we consider appropriate, including for the purpose of and incidental to providing our products and services to you in a secure way, including uses and disclosures which we require to operate the Site; and with, to and from third parties who provide services to us in relation to online shopping, including payment gateway providers and delivery service providers; and for other purposes to which you consent to (either express or inferred consent). We may transfer your personal information to others in countries outside Australia. You may access your personal information, by logging into your registered account or by contacting us.
General
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy. This agreement is governed by the laws of the state of Western Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.