- “Account” means the account that you will need to register for on the Site if you would like to submit an Order on the Site;
- “Acknowledgement” means our acknowledgement of your Order by email;
- “Breach of Duty” has the meaning given to it in clause 11.11(b) of these Terms and Conditions;
- “Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Australia;
- “Confirmation of Order” means our email to you, in which we accept your Order in accordance with clause 4.9 below;
- “Contract” means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 4.9 below;
- “Customer” means individual who places an Order on the Site;
- “Liability” has the meaning given to it in clause 11.11(a) of these Terms and Conditions;
- “Order” means the order submitted by you to the Site to purchase a Product from us;
- “you” means the Customer who places an Order;
- references to “clauses” are to clauses of these Terms and Conditions;
- headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
- words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
- references to “includes” or “including” or like words or expressions shall mean without limitation.
- When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.
- Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown or told (on the Site) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Site, all charges are in the currency then in force in Australia. Subject to clause 4.11 below, this is the total that you will pay for receipt of the ordered Product.
- You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by Paypal, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment. Please note that we only accept payment by credit and debit cards where those cards are issued by an Australian or New Zealand-based financial institution.
- If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
- You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
- When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
- Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
- We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
- A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a “Confirmation of Order” stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been despatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
- If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact email@example.com immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
- We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
- A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
- You must only submit to us or our agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
- charge you for our reasonable storage fee and other costs reasonably incurred by us; or
- no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 5.11(a) above).
- If you wish to cancel your order please contact our Customer Service Team on 1 300 668 345. No cancellation fees apply. Once an order has been dispatched it may not be cancelled and the item must instead be returned to the company according to guidelines provided by the costumer care department (Please call the above stated number or refer to your return-slip provided in your received parcel).
- the Product will be delivered undamaged in the quantities ordered; and
- the Product will conform with the manufacturer’s latest published instructions as set out on the Site or in our Product material at the time of your Order.
- you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
- you providing us with the delivery note number and such other information as we reasonably require.
- been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
- been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
- been dealt with or used contrary to our or the manufacturer’s instructions for the Product; or
- deteriorated through normal wear and tear,
Vouchers and Gift Cards
- From time to time we may release promotional vouchers that may be used on the Site. Promotional vouchers can only be redeemed on the Site.
- Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other offer (including, for the avoidance of doubt, sales, promotions and other vouchers). Individual brands may be excluded from voucher promotions.
- The credit of a promotional voucher cannot be used to pay for products from third parties other than us.
- If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
- The credit of a promotional voucher does not accrue interest nor does it have a cash value.
- If the credit of a promotional voucher is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another promotional voucher or attempting to rely on any other offer). For the avoidance of doubt, gift cards are an acceptable form of payment in these circumstances.
- Please note that only one promotional voucher can be used per order, and that gift vouchers cannot be used in conjunction with any other offer (including but not limited to, sales and other promotions).
- You may purchase gift vouchers and gift cards for use on the Site by you or other Customers. Gift vouchers will be sent by email.
- Gift vouchers and gift cards cannot be used to buy further gift vouchers or gift cards. Gift vouchers and gift cards may only be purchased through debit or credit card or Paypal.
- The credit of a gift voucher or a gift card does not accrue interest nor does it have a cash value.
- An order for a gift voucher can be cancelled by contacting us on 1300 668 345 (AU) or 0800 449 370 (NZ) at any time before the gift voucher has been redeemed. A voucher is considered to have been redeemed if it is used as payment in placing an Order.
- If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another promotional voucher or attempting to rely on any other offer). For the avoidance of doubt, gift cards are an acceptable form of payment in these circumstances.
- Please note that only one gift voucher can be used per order, and that gift vouchers cannot be used in conjunction with any other offer (including but not limited to, sales and other promotions).
Promotions, Competitions and Giveaways
- any technical difficulties or equipment malfunction (whether or not within our control);
- any theft, unauthorized access or third party interference;
- any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by us);
- any variation in the prize value to that stated in a promotion;
- any tax liability incurred by a winner or entrant; or
- use of the prize(s).
Limitation of Liability
- the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
- otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
- our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied by law; or (iv) any other Liability which cannot be excluded or limited by applicable law; or
- your statutory rights as a consumer.
- we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site; and we 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; and
- you should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
- loss of revenue;
- loss of actual or anticipated profits;
- loss of contracts;
- loss of the use of money;
- loss of anticipated savings;
- loss of business;
- loss of operation time;
- loss of opportunity;
- loss of goodwill;
- loss of reputation;
- loss of, damage to or corruption of data; or
- any indirect or consequential loss;
and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, clauses 11.6(a) to 11.6(l) apply whether such losses are direct, indirect, consequential or otherwise.
- our total Liability under any Contract shall in no circumstances exceed, in aggregate, a sum equal to the greater of: i) $100; or ii) 110% of the value of the relevant Contract under which the cause of action arises; and
- our total Liability to you or any third party shall not in any other circumstances exceed, in aggregate, a sum equal to the greater of: i) $100; or ii) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
- “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to “these Terms and Conditions” shall be deemed to include any collateral contract); and
- “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
Guarantee and complaints management
- We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
- Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
- If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.