No Products in the Cart
In these Terms and Conditions, unless the context requires otherwise:
3.1 You should only place an order with us if you have the lawful right to do so.
3.2 You warrant to us that:
(1) you can enter into and perform a legally binding contract with us;3.3 If we request you to provide proof of your identity, you must promptly provide us with the information we request.
(2) you have an active email account and contact telephone number which we can contact you on;
(3) the details you provide us are correct, not fraudulent and not misleading in any way;
(4) you are authorised to incur the costs of any order you submit using the details you provide us.
4.1 You agree to be bound by these Terms and Conditions when you submit an order.
4.2 An order may be submitted to us via our website.
4.3 You are responsible for the details contained in your order so you must check it carefully before submitting it.
4.4 Once an order is submitted, it cannot be cancelled or changed unless we agree in writing.
5.1 An order placed by you is an offer to purchase goods for the price and pay any applicable delivery fees.
6.1 Each order is subject to the goods being available at that time.
6.2 You acknowledge that from time to time, some goods may be out of stock, discontinued or otherwise unavailable.
6.3 We may place restrictions on the quantity of goods able to be ordered.
6.4 We will not be liable in any way if any goods ordered are out of stock, discontinued or otherwise unavailable.
7.1 We reserve the right to accept or reject an order (in whole or in part) at any time for any reason.
7.2 Where we accept an order, we agree to supply the goods requested in the order for the price in accordance with these Terms and Conditions.
7.3 Despite any other provision in these Terms and Conditions, we reserve the right to cancel a transaction up until the time of delivery of goods to you for any reason.
7.4 If we accept payment from you for an order but subsequently:
(1) discover the goods are out of stock, discontinued or otherwise unavailable; or
(2) cancel the transaction,
we will promptly return your payment to you.
8.1 We may, at any time, for any reason, withdraw or suspend from sale any advertised goods without notice to you.
8.2 If we withdraw or suspend from sale any advertised goods, we will not in any circumstances be liable to you or any other person for any loss suffered or incurred.
8.3 A picture or image of goods on our website:
(1) is for illustration purposes only;
(2) may not depict the actual size or dimensions of goods;
(3) may show the colour of goods in a manner which is different to the actual colour of goods; and
(4) may depict accessories which are not offered for purchase or included in the price.
9.1 Subject to clause 10.2, the price in respect of any goods is the price specified on our website at the time an order is accepted.
9.2 You acknowledge and agree that despite our reasonable efforts, goods may be shown on our website with an incorrect price or with incorrect information due to typographical or similar errors.
9.3 We will endeavour to correct any error shown on our website promptly after becoming aware of it.
9.4 Where delivery of goods is required, the cost of delivery is the cost [[select: charged by the carrier, shown in our advertising material, shown on our website]].
9.5 Unless otherwise specified:
(1) the price and cost of delivery is in Australian dollars and inclusive of GST;
(2) the price does not include any taxes, duties or charges imposed or levied in Australia or overseas in connection with the supply of goods or services;
(3) additional charges may apply to delivery overseas or to regional or remote areas of Australia.
10.1 In respect of an order, we will charge you and you agree to pay:
(1) the price for the ordered goods; and
(2) the applicable cost of delivery, including any applicable GST.
10.2 You can pay for the goods ordered and accepted by us by any method specified on our website.
10.3 You acknowledge that your payment must be cleared before we will dispatch the ordered goods.
10.4 We will render a tax invoice after we have accepted and processed an order.
11.1 We may at any time prior to an order being accepted, change the price for any goods without notice to you.
12.1 We may from time to time use delivery agents to deliver goods.
12.2 You irrevocably authorise us to give your details and details of your order to our delivery agents to enable delivery.
12.3 We will not be liable for any loss, cost or expense you or any other person might suffer as a result of any delay in the delivery of ordered goods.
12.4 We will endeavour to arrange delivery promptly after accepting an order but:
(1) we cannot guarantee delivery by a particular date;
(2) we will not be responsible if delivery is delayed or not effected due to unforeseen circumstances; and
(3) we will not be liable to you or any other person in relation to any loss, damage, cost, expense or injury in relation to any delay or failure to deliver goods.
All our other terms and conditions will apply for instore collections as if they were being sent by Australia Post.
13.1 In your order, you must notify us of the place you wish to have the ordered goods delivered to.
13.2 If you fail to arrange a person to accept delivery of the ordered goods, you agree to pay any additional storage and delivery costs and expenses incurred by us prior to redelivery.
14.1 Risk in any goods supplied by us passes to you upon:
(1) delivery of the goods by us to you or our agent, contractor or carrier; or
(2) collection of the goods by you or your agent, contractor or carrier.
15.1 Goods can only be returned in accordance with our returns policy.
17.1 For the avoidance of doubt, the disclaimer contained in these Terms and Conditions does not attempt or purport to exclude liability arising under statute, if, and to the extent, such liability cannot be lawfully excluded.
17.2 We do not accept responsibility for any loss, damage, costs or expenses, however caused (including through negligence) which you or any third party may directly or indirectly suffer in connection with your use of our website or the information contained on our website.
17.3 Subject to any rights you may have at law, we exclude to the fullest extent possible, all guarantees, warranties and implied terms, whether statutory or otherwise relating to the goods or these Terms and Conditions.
17.4 To the extent permitted at law, any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded.
17.5 If legislation implies any condition or warranty and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(1) if the breach relates to goods:
(a) to the replacement of the goods or the supply of equivalent goods;(2) if the breach relates to services:
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repairs;
(a) the supplying of the services again;
(b) the payment of the cost of having the services supplied again; or
(c) the maximum extent permitted by legislation.
17.6 Except in relation to liability for personal injury and except as otherwise stipulated in these Terms and Conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by your or any other person which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed through our website or in respect of any failure or omission on our part to comply with our obligations under these Terms and Conditions.
18.1 You must take your own precautions to ensure that your use of our website and any links on our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage or affect your computer.
18.2 We do not accept any responsibility for any interference or damage to your computer system which arises in relation to your use of our website or its links.
18.3 Any links on our website are for convenience only and may not be current or maintained.
19.1 You indemnify us to the fullest extent permitted by law, against any cost, loss or expense the we incur or suffer as a result of or relating to:
(1) your failure to comply with these Terms and Conditions;
(2) your use or misuse of this website;
(3) any defamatory comments you make about us;
(4) any right or power exercised or not exercised by us under these Terms and Conditions or at law generally;
(5) enforcing any right or remedy the we may have under these Terms and Conditions or at law generally;
(6) any claim, demand, action or legal proceeding made or taken by any person against us which relates in whole or in part to these Terms and Conditions or the transactions it contemplates;
(7) any breach of a warranty or breach of a covenant given by the you under these Terms and Conditions.
20.1 We may assign or novate these Terms and Conditions without your consent provided we causes any assignee to agree to comply with these Terms and Conditions as though it had entered into these Terms and Condition as us.
20.2 You must not assign, novate or otherwise deal with its rights in relation to these Terms and Conditions without the prior written consent of the us.
21.1 We reserve the right to vary these Terms and Conditions from time to time.
21.2 Any variation to the Terms and Conditions will take effect from the time the amended Terms and Conditions are posted on our website.
21.3 The Terms and Conditions posted on the website at the time an order is placed will apply to that order.
22.1 The failure of us at any time to require performance of any obligation under or in connection with these Terms and Conditions is not a waiver of our right to claim damages for breach of that obligation and at any other time to require performance of that or any other obligations under these Terms and Conditions, unless written notice is given to that effect.
22.2 No waiver of any right under these Terms and Conditions is effective unless it is in writing and signed by the party giving it.
23.1 The provisions of these Terms and Conditions and parts of each provision will be severable.
23.2 If any provision is found to be unlawful or unenforceable, then that provision will be read down to the extent necessary to ensure it does not infringe any law or is not otherwise unlawful or unenforceable so as to give it a valid operation to the extent possible.
23.3 If the infringing provision of these Terms and Conditions cannot be read down it will be deemed to be deleted and the remaining provisions will continue to have their full force and effect.
24.1 These Terms and Conditions are governed by the laws in force in Queensland.
24.2 The parties submit to the jurisdiction of the courts in Queensland exercising jurisdiction with respect to matters concerning these Terms and Conditions.