Online Purchase Agreement

The term you or your refers to the person, organisation or entity that accesses and/or uses the Website.

The purchase of goods and services from the Website is governed by the terms and conditions of this agreement. You acknowledge that you have read, understood and agree to the terms of this agreement.

Further, the Website is available for you to access conditional on your acceptance without alteration of the Website Terms of Use (which can be accessed here). By continuing to access the Website you are agreeing to these terms. If you do not agree you should not access the Website.

OPERATIVE PROVISIONS

1. Definitions

In this agreement, unless the context clearly indicates otherwise, the following terms have the following meanings:

Account means the online account you created on the Website which will be used by you to access and purchase goods and services from the Website.

Additional charge means:

1. 1. fees or charges for additional work performed at the your request or reasonably required as a result of your conduct, calculated in accordance with our then current prices; and
  2. expenses incurred by us, at your request or reasonably required as a result of your conduct.

Business day means a day that is not a Saturday, Sunday or public holiday in the place where the Services are principally being carried out or the Goods provided by us.

Goods means any goods supplied by us including those supplied in the course of providing Services.

Loss includes, but is not limited to, costs (including party to party legal costs and our legal costs), expenses, lost profits, award of damages, personal injury and property damage.

Order means a purchase order for goods or services placed by you using the Website.

Services means the services to be provided by us to you in accordance with an order and this agreement.

1. Interpretation

In this agreement, unless the context otherwise requires:

1. 1. a reference to writing includes email and other communication established through the Website (if any);
  2. the singular includes the plural and vice versa;
  3. a reference to a clause or paragraph is a reference to a clause or paragraph of this agreement
  4. a reference to a party to this agreement or any other document or arrangement includes that party's executors, administrators, successors and permitted assigns;
  5. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
  6. headings are for ease of reference only and do not affect the meaning or interpretation of this agreement.
2. Our contract
  1. When you place an order via the Website, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order.
  2. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
3. Eligibility
  1. You represent and warrant that you are at least 18 years old and will be responsible for the information provided when using the Website.
  2. If you are accessing and using the Website on behalf of a party who is not at least 18 years of age then you are representing that you are that party's legal guardian and you are responsible for that party's compliance with this agreement. You will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with this agreement.
  3. Without limitation, the Website is available only to individuals with whom only legally binding contracts can be formed under Australian law.
  4. We have the right to refuse to deal with you, at any time, at our sole discretion, if we believe that you may or will bring our reputation, those individuals who represent us in the market place, and our other users, into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of this agreement.
4. Account
  1. If you wish to use the Website to purchase goods you may need to have an account. In order to have create an account, you will require an email address, postal address and a password. We will hold your login details and any personal data you provide in accordance with our Privacy Policy.
  2. Accounts remain active until otherwise disabled by you.
  3. You are solely responsible for the activity conducted on your account.
  4. When creating an account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your account is kept up-to-date.
  5. We require that you choose a strong password for your account. It is your responsibility to keep your password safe. You must not share your account or account information with anyone else. If you believe your account is being used without your permission, please contact us immediately. We will not be liable for any unauthorised use of your account.
  6. We have the right to suspend or withdraw your account and disable any user identification code or password, whether chosen by you or allocated by us, if in our opinion you have failed to comply with any of the provisions of this agreement.
  7. The internet is not a secure medium and privacy cannot be assured. We therefore do not accept responsibility for any harm or damage you may experience or incur by sending personal or confidential information to us over the internet or if we send you such information at your request.
5. Pricing and availability
  1. Whilst we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any goods which we have advertised, we will promptly correct the error.
  2. Delivery costs will be charged in addition to the price of goods advertised on the Website.
  3. Such additional charges are clearly displayed where applicable and included in the “Total Cost”.
6. Payment
  1. Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited in the amount of the value of the goods you wish to purchase upon authorisation being received.
  2. The monies received upon the debiting of your card must be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit must be used as consideration for the value of goods you have purchased as listed in the confirmation email.
7. Delivery of goods

Non delivery of goods must be reported to us as soon as possible.

1. International orders
  1. Standard International Orders, unless requested otherwise by you prior to purchase, are sent by Australia Post Airmail without insurance. Goods tracking is not available.
  2. While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or which in any event is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
  3. Insurance is available at an extra cost on all delivery services. We will not cover any loss of goods that are not insured.
  4. Delivery to countries outside Australia can take 20 days business days by air or 3 months by sea freight, depending on region, to arrive. International delivery times may be delayed due to disruption relating to COVID-19. Please refer to international delivery delays page for up to date times.
  5. All customs/import fees/taxes and duties are the responsibility of the customer.
2. Domestic (Australian) orders
  1. All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent by Australia Post without Insurance or tracking.
  2. While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
  3. Insurance is available at an extra cost on all delivery services. We will not cover any loss of goods that are not insured.
  4. For non-delivery of goods, please notify us by email as soon as possible.
3. Changes or cancellation of orders
  1. If you wish to cancel or change an order please contact us immediately. We will do our best to accommodate your request. We cannot confirm your request will be complied with as changes to orders are only possible during a limited period before your order is processed and distributed to you.
  2. The period available for you to change or cancel an order is 1 business day. Changes to an order or cancellation of an order are not possible after this time.
4. Refund policy
  1. Please choose goods to purchase carefully. We do not give refunds unless changes or cancellations to orders are requested within the period set out in clause 11.
  2. In all other circumstances refunds are not possible.
  3. Where changes or cancellations to orders are requested after the period set out in clause 11 we may at our absolute discretion offer a store credit to be used purchasing goods on the Website.
5. Receipt of goods and returns policy
  1. You must inspect the goods immediately upon their arrival and if the goods are not in accordance with the specified requirements then you must give written notice to us within 2 business days of receipt of the goods. As part of this notice we will require proof the goods are not in accordance with the specified requirements.
  2. If you fail to give such notice, the goods are deemed to be in all respects in accordance with the specified requirements and may not be returned to us.
  3. Provided adequate notice is provided to us and goods are not in accordance with the specified requirements we may, at our discretion, arrange means for you to return goods to us at no cost to you. A refund will be issued to you in these circumstances as soon as reasonably possible.
  4. We are not required to accept return of goods where you have changed your mind. In such circumstances return of goods must be organised and paid for by you. Where goods are returned due to change of mind a store credit to be used to purchase other goods on the Website will be issued to you, less the cost of shipping of the returned good.
  5. It is your responsibility to ensure returned goods are packed securely and protected by bubble wrap or an equivalent material to ensure the items are firmly enclosed inside the package.
  6. Returned goods must be received by us in new condition so that they are suitable for re-sale. This requirement does not apply where goods are returned due to not being in accordance with the specified requirements for the good.
  7. This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clause 14 below.
6. Limitation on claims
  1. We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
  2. We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.
  3. Our liability for failure to comply with a consumer guarantee is limited to:
    1. in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
    2. in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
  4. Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
  5. In all other respects, our total liability for loss or damage of every kind, whether:
    1. arising pursuant to the terms of service; or
    2. arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,

is limited to an amount equivalent to the sum paid by you to us for the goods.

1. 1. Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms of service, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to this agreement.
2. Warranty disclaimer
  1. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.
  2. The application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
3. Communication disclaimer
  1. You acknowledge and agree that as you are purchasing goods through the Website, our primary means of communication with you will be through the e-mail address listed as part of your Account or part of your Order.
  2. We will not be held responsible for any correspondence or communication that you do not receive due to the e-mail address provided by you being incorrect or otherwise not allowing the receipt of emails from us to you.
4. Intellectual property

The specifications and design of the goods (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain our property.

1. Title and risk
  1. Title in the goods does not pass to you until payment has been received.
  2. Risk of loss or damage to the goods passes to you upon dispatch.
2. Third parties
  1. We may use third parties to assist us to operate our Website including with respect to payment processing and client registrations. These third parties may have access to certain personal information required to perform their function. They cannot use your information for any other purpose.
  2. The Website may also contain links to websites operated by third parties. Such links are provided for convenience only and we have no liability in connection with your use of any such third party website or any content posted or published on the third party website. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site that you visit.
3. Waiver

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

1. Entire agreement

The above terms of service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

1. Governing law

These terms of service are governed by the laws in force in the State of New South Wales. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.