By accessing or using this website, you agree to be bound by these terms and conditions (“Terms”) and all other site policies.
If you do not agree to these Terms and other store policies, you must cease using this website and our services.
Orders
Your order and payment for your order constitute an offer to purchase items at the displayed prices.
Accordingly, we reserve the right to accept or reject your order, in whole or in part, for any reason, including but not limited to:
- Product unavailability
- Error(s) in price or shipping costs
- Issue(s) with your payment or shipping address
- Error(s) in the order or ordered items (including product description and images)
- Prevention of possible fraud
- Previous chargeback(s) or return(s) associated with you or your address
We will notify you of any cancellations, available product substitutions and price differences by email. If we are unable to reach an agreement about the amended order, your order may be cancelled in whole and a full refund will be provided to you.
Order Cancellations/Amendments
We endeavour to process and dispatch orders as quickly as possible upon receipt of your order. If you wish to amend or cancel your order after placing an order, please contact us immediately as we do not accept cancellations or amendments if we have already processed your order (even if the order status has not updated yet). Products ‘made to order’ cannot be cancelled or amended.
Payment Facilities
We may use a third party payment facility to accept payment for your order. They will collect your payment information and handle it in accordance with their terms and conditions and Privacy Policy. We may also use fraud detection processes which may involve collecting your personal information, including IP address and device information, and us requesting for proof of identity and conducting account verification checks if your payment is flagged by the fraud detection process. Such orders will be placed on hold until the payment verification is completed and may be cancelled at our sole discretion. Under no circumstances can we guarantee the prevention of fraud and we shall not be liable for unauthorised use of your information.
Warranties & Limitation of Liability
Without limiting your rights under the Australian Consumer Law (“ACL”) and to the extent permitted by law, we expressly state our additional warranties as follows:
- All implied terms and warranties are excluded by us.
- We do not make any representations that your use of this website will be free of any errors or omissions, secure and timely.
- We are not liable for any losses, costs or damages suffered or incurred by you, in contract, tort or otherwise, arising out of or in relation with these Terms or all other store policies, including but not limited to indirect losses, consequential losses, loss of profits, loss of data, loss of savings, loss of goodwill, and any other monetary or non-monetary losses.
- We are not liable for any loss suffered by you after the products are delivered to you or if your bank card has been used without your authorisation.
- In the event we are liable for any losses suffered by you, our liability will be limited to the dollar amount of the related products and the extent we contributed to the losses, and our liability will be reduced by the extent you contributed to the losses.
Prohibited Uses of This Website
You are prohibited from accessing or using this website for any illegal purpose, hacking this website or exploiting any website vulnerabilities, circumventing this website’s security mechanisms, transmitting or uploading viruses, trojans or malicious computer coding, harming, spamming or attacking this website to interfere with its operation or services, crawling, scraping, phishing, pharming or gaining unauthorised access to information and parts of this website which is not intended for customers, or using this website in any other way not as intended by us.
Links to Third Party Websites
This website may contain links to third party websites which are not controlled by us. It is your responsibility to review the terms and conditions applicable to your use or access of their website. We will not be liable for any losses, inconvenience, costs or damages suffered from your use of third party websites.
Virus Protection
It is your responsibility to ensure that your access to or use of this website does not expose your computer or device to the risk of harm from viruses and other malicious computer programs or coding. We will not be liable to any losses, inconvenience, costs or damages suffered from your access or use of this website.
Procedure for Takedown of Infringing Content
Should you find content which you believe infringes upon your legal rights, please notify us by completing the Contact Us form and include the following:
- Your name
- Your address
- Your contact number
- Your email address
- Links to the infringing items or content and reasons why you believe it infringes upon your legal rights
Indemnity
You agree to indemnify us, our directors, officers, agents, employees, contractors, subcontractors, partners and suppliers from any losses, costs, claims and damages arising out of your breach of these Terms, other site policies or third party rights, or your contravention of any laws.
Force Majeure
We shall not be liable for any failures or delays arising out of circumstances beyond our control, including but not limited to natural disasters, man-made disasters, acts of God, war, acts of terrorism, riots, civil protests, industrial action, governmental restrictions, state or national emergencies, epidemics, pandemics, breakdown of machinery, attacks by hackers, malicious software or viruses, interruption of telephone or internet services and any other acts or omissions of third parties.
Relationship
These Terms do not create any joint venture, partnership, franchisor-franchisee, or agency relationships between us under any circumstances.
Variation
We may vary these Terms and other site policies at any time at our sole discretion without notice to you and the updated Terms shall be effective immediately upon publishing. It is your responsibility to regularly review our Terms and other site policies as your continued use of this website amounts to acceptance of any varied Terms or policies.
No Waiver
Any failure to enforce or exercise our rights shall not be construed as a waiver of any rights or an acceptance of the continuation of any breach of these Terms or other site policies.
Severability
If any part of these Terms or other policies is found to be illegal, invalid or unenforceable, then the same shall be read down to what may be considered reasonable in the circumstances or, if that is not possible, the same shall be deemed to be void and severable from the rest of these Terms and all other policies and the remaining Terms and all other policies shall remain in full force and effect.
Interpretation
Any omissions in these Terms and other policies or ambiguities in the interpretation of these Terms or policies shall not be construed against us.
Jurisdiction
These terms or all other site policies shall be construed in accordance with the laws of Victoria and all parties submit to the jurisdiction of Victorian courts, including all Courts of Appeal therefrom. Our services and website will only be available to parties who can enter into legally binding contracts.