1. Acceptable use
You must not:
- infringe the intellectual property rights, privacy or confidentiality of any third party;
- post or transmit any unauthorised material, including material that is (in our opinion) offensive, inflammatory, defamatory, racist, obscene or threatening; or
- engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
2. Intellectual property
2.1. Unless otherwise stated, we own, or are the licensee of, the intellectual property rights in the content of the Site, including but not limited to trade marks, logos, text, photos, graphic designs, images, audio, video, html code and artwork.
2.2. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit any of the content supplied to you or which appears on the Site.
3. Linked sites
The Site may contain links to third-party websites, advice, and services. We do not make any representations or warranties in relation to, and we exclude all liability from, third-party websites, advice and services.
We make no representations, and provide no warranties of any kind, including:
- as to the quality, accuracy or suitability of any information that may be on the Site; or
- that your use of the Site will be uninterrupted or error-free, free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion.
5.1. Notwithstanding anything else in this agreement, we accept no liability for any decisions made by you as a result of your use of the Site.
5.2. To the fullest extent permitted by law, we are not liable for any loss, damage or misconduct, however it arises, whether in contract, statute or tort (including negligence), arising out of, or in connection with:
- any content that is incorrect, inaccurate or incomplete. If you rely on any such content, you do so at your sole risk and you are responsible for any independent verification of the content; or
- your use of the Site.
5.3. To the extent permitted by law, we exclude liability for any special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with the products or services offered by us or in connection with any act or omission by us (negligent or otherwise).
6. Purchasing Products
6.1. You may not resell our products to any third party, unless we provide express written consent.
6.2. When you place an order with us, you will be charged in full at the time of ordering the product. Payment can be made by Visa, MasterCard and any other methods which may be clearly advertised on the Site from time to time.
6.3. If your payment is successful, we will send you an acknowledgement and email confirming payment and a separate binding agreement between you and us is formed for the supply of the products in accordance with these Terms.
6.4. We may, in our discretion, refuse to accept an order from you for any reason, including:
- if the product is no longer available (in which case we may offer you an alternative product); or
- if we suspect:
- any fraudulent activity related to your purchase; or
- that you might resell our products to other consumers.
7. Pricing and payment
You acknowledge and agree:
- delivery costs are charged in addition to the price and will be clearly displayed and included in the ‘total’;
- discounts are offered at our discretion and any conditions applicable to the discounts will be specified prior to, or at the time of, payment; and
- we try and ensure that all details, descriptions and prices on the website are accurate, however we are not liable for any errors that may occur. If we discover an error in the price or payment of goods you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it and receiving a refund. If we are unable to contact you, we will treat the order as cancelled.
8.1. We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your order, but we cannot guarantee firm delivery dates.
8.2. Delivery times may vary and we take no responsibility for delays caused by third party delivery services, strike, fire, flood, failure of suppliers, or any other circumstances beyond our reasonable control.
8.3. We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
8.4. It may not be possible for us to deliver to certain locations. If this is the case, we will inform you using the contact details that you provide to us when you place your order and arrange for cancellation of the order or delivery to an alternative address.
9. Risk and title
9.1. The products will be at your risk from the time of delivery to the delivery address specified by you.
9.2. Ownership of the products will pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
10. Cancellation and returns
10.1. If you wish to cancel your order, please contact us. Once an order has been processed it cannot be cancelled.
10.2. If you have received a faulty product you must notify us immediately. If the product has a major failure and you have proof of purchase, you can choose a refund or exchange. Alternatively, you can choose to keep the product and we will compensate you for any drop in value.
10.3. A major failure includes where the product has a problem that would have stopped you from buying the product if you had known about it, is unsafe or if it is significantly different from the sample or description.
10.4. If the problem is not major, we will, at our discretion repair, replace, refund or exchange the product provided proof of purchase is provided.
10.5. A product is not faulty, if in our reasonable opinion, the product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
10.6. You must pay all shipping fees and acknowledge that we will not refund any shipping fees already paid.
We may at any time and without notice modify, suspend, interrupt or terminate the operation of, or access to all or part of the Site to perform maintenance, error correction, or for any other reason.
You acknowledge and agree:
- we may collect aggregated information about your activities, including web requests Internet Protocol (IP) addresses, browser types, referring/exit pages and URLs, number of clicks and how you interact with links on the Site, domain names, landing pages and pages viewed; and
- we may collect details of how you use the Site, including search queries, the types of content you view or engage with or the frequency and duration of your activities.
Both parties must keep all confidential information confidential and use such information for the sole purpose of performing the obligations under these Terms.
14. General terms
14.1. This agreement contains the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications.
14.2. Any failure by us at any time to enforce these Terms or any rights will not be a waiver of such rights, or affect the validity of these Terms.
14.3. If any provision of these Terms are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and the remaining terms and conditions will be unaffected.
14.4. This agreement is governed by, and construed in accordance with the laws of New South Wales, Australia and the courts of this jurisdiction will have exclusive jurisdiction over any dispute arising out of this agreement.