Terms and Conditions
1. Terms and conditions
In these terms and conditions, “we”, “us” and “our” means Alison Jean Vickery of 25 Coogee Street, East Ballina, NSW, 2478.
Please read these terms and conditions carefully as they apply to your use of this website (“Website”).
By accessing or using the Website you agree to be bound by these terms and conditions. We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
2. Purchasing Merchandise
As part of our Website we provide an online shopping facility that enables you to purchase products and services (“Merchandise”).
2.1. Ordering Procedure
When you place an order to purchase Merchandise via the website, you are making an offer to us. No contract for the purchase of Merchandise will come into existence until we have reviewed and accepted your order. We may decline an order where we believe that we have reasonable grounds for doing so. We will notify you whether we have accepted or declined your order as soon as we are able to.
When you purchase any Merchandise you agree to pay the purchase price specified on the Website at the time of purchase. We will state on the Website whether that purchase price includes Australian GST, postage and handling and insurance charges. Where these are not included in the purchase price, then you also agree to pay these other amounts. If the goods are being delivered outside of Australia then Australian GST will generally not apply, however you must pay any other sales, use, goods and services, value added, customs, excise or similar taxes or charges imposed by any applicable government agency.
You will be required to pay for the Merchandise online by credit card or via PayPal. We will bill your credit card or PayPal at the time you place your order. The payment methods that we accept from time to time will be described on the Website. We may apply a surcharge from time to time for the use of certain credit cards, and where we do so this will also be described on the Website.
An established third party banking institution handles Credit Card transactions and process agents using 128 bits secure connection.
2.3. Cancellation of Orders
We may cancel an order that we have already accepted if we suspect that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these terms and conditions.
While we endeavour to avoid pricing and other errors, inadvertent errors do occur from time to time, and we may also cancel an order that we have accepted in such circumstances.
Unforeseen supply problems or unexpected demand may occasionally result in Merchandise being unavailable. If there is a delay in shipping your order we will contact you as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when we ship the Merchandise to you, by notifying us accordingly.
2.4. Delivery, Title and Risk
We will deliver the Merchandise to the place of delivery you specify when making your order. Title to and risk in the Merchandise will pass to you upon delivery of the Merchandise to this place of delivery.
3. Foreign Currencies
When purchasing Merchandise from our Website, you may be able to view an estimate of the value of the transaction in a currency other than Australian dollars. Where this is the case, you should be aware that:
– The currency conversion amounts are provided as a guide for your convenience only;
– These amounts only represent an estimate, using currency conversion rates that are generally updated once each U.S. business day, of the equivalent foreign currency amount for the Australian dollar amount of the transaction;
– Despite this estimate of the foreign currency amount, you will be charged for the transaction in Australian dollars;
– The currency conversion rates use for these purposes are provided to us by a third party, and we cannot guarantee they are accurate or up-to-date; and
– Different financial institutions may charge different currency conversion rates than those used by us, and may impose additional fees, charges and interest that have not been included in the currency conversion amounts shown.
4. Licence to Use the Content on the Website
You acknowledge that:
The Website and all related content is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”).
We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.
We (or our licensors) retain all right, title, and interest in and to the Website and all related content, and nothing you do on or in relation to the Website or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any Intellectual Property Rights unless this is expressly stated.
Except as provided in these terms and conditions, permission to reprint or electronically reproduce the Website or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us by email if you wish to obtain such consent.
Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.
5. General Restrictions
In using the Website, you must not:
– Provide us with inaccurate or incomplete information;
– Violate any applicable laws, or use the Website for any purpose that is unlawful or prohibited by these terms and conditions;
– Impersonate any person;
– Distribute viruses, corrupted files, or any other similar software or programs that may damage any computer hardware or software;
– Collect or store personal data about other users of the Website; or
– Engage in any other conduct that inhibits any other person from using or enjoying the Website.
6. Warranties and Liability
We warrant that:
The Merchandise will comply in all material respects with any descriptions given by us on the Website; and
Provided that you pay for any applicable insurance charges, the Merchandise will be delivered to you in saleable condition (subject to any defects described by us on the Website prior to purchase).
All express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions, the Website or the Merchandise that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law. In particular, and without limiting the above:
While we endeavour to provide a convenient and functional Website, we do not guarantee that that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website or the server from which it operates them are free of viruses or other harmful components; and
We will not be responsible for any loss, corruption or interception of data sent to or from our Website that occurs outside of our computer systems (such as those which occur while being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer.
Nothing in this agreement excludes, restricts or modifies any term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include Part V of the Australian Trade Practices Act 1974 (Commonwealth), corresponding provisions of Australian state or territory legislation and (if you are located outside of Australia) applicable legislation in other countries, which contain provisions including implied conditions and warranties which operate to protect the purchasers of goods and services in various circumstances.
If any term, condition or warranty is implied into this agreement and we are able to limit your remedy for a breach of such a term, condition or warranty, then our liability for breach of the term, condition or warranty is limited to one or more of the following at our option;
In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
In the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms and conditions, the Website or the Merchandise, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to an amount equal to the greater of:
The amounts paid by you to us as a result of the purchase of Merchandise. In calculating our aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied terms, conditions or warranties referred to above.
Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
Special, indirect, consequential, incidental or punitive damages; or
Damages for economic loss, loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
Our liability to you is reduced to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
7. Variation of the Website
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website (including the Merchandise available and the prices payable for such Merchandise).
8. Links and Advertisements
We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link does not imply that we endorse the linked site.
10. Force Majeure
Neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.
If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
The laws of New South Wales, Australia, govern these terms and conditions and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
These terms and conditions constitute the entire agreement between you and us in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
The provisions of these terms and conditions that by their nature survive termination or expiry of these terms and conditions will survive termination or expiry of these terms and conditions.