PAYMENTS
CREDIT CARD
You can make purchases using your credit card.
We use Stripe to process payments
BANK TRANSFER
Log in to your bank and transfer the funds directly to our bank account.
Orders will not begin until the funds land in our account.
PAYPAL
Use your funds in your PayPal account to make purchases or setup a back up bank account or credit card.
Buyer protection.
Fast and convenient.
ZIP PAY
No interest
No establishment fee
Credit limit can be under or over $1000
Flexible repayments (weekly, fortnightly or monthly)
$6.00 monthly fee only if you do not pay the invoice by the due date
For more details visit the Zip Pay website
LAYBUY
No interest
No establishment fee
Credit check on sign up
Credit limit dictated by credit check score
Pay for it in 6 equal payments, once a week for 6 weeks
$10.00 late payment fee
For more details visit the Laybuy website
AFTERPAY
No interest
No establishment fee
No credit check
Pay in 4 instalments over 6 weeks
Credit limit dictated by credit card limit
Late fees apply - capped late fee that starts at $10 but never goes higher than 25% of the purchase price or $68 (whichever is less)
For more details visit the Afterpay website
GOOGLE PAY
Pay using your google pay account.
Fast and convenient.
APPLE PAY
Pay using your apply pay account.
Fast and convenient.
ECHEQUE
Please note: PayPal eCheque - your order will be processed after your payment clears, which can take 2 to 7 business days. Orders will not start until the payment clears..
Information above was accurate at the time of writing. Please check payment provider websites for accurate and most up to date information.
All prices are in AUD$
If you pay using a third party, you agree to the third party companies terms and conditions.
CUSTOM ORDERS
A label proof image will be emailed to the email address on the order from for approval before your order is printed.
- Please make sure this email address is correct.
- Please check your emails regularly.
Please note: Orders will not be printed until label proofs are approved. Please check your emails!
Labels are sold on a roll with cutting lines marked between the labels.
RE-ORDERING CUSTOM PRINTED LABELS
When you originally ordered your labels, a label proof image was emailed to you for approval.
We ask all customers to keep a copy of that label proof image for when you need to re-order your labels.
When you re-order your labels you need to upload the label proof image you want reprinted or a photo of the label you want reprinted.
If you need your labels printed on a different width ribbon or you want any information on the label changed you will need to order a new custom printed label as a new label proof image will need to be designed and approved. (excluding sizes printed on label, these can be different on each re-order).
Labels will be printed on the ribbon width as stated on the original proof. If the wrong width is stated on the order form, staff will print the labels as per the proof.
If customers upload the wrong image, order the wrong material, pick the wrong ink colour etc etc. this is not our responsibility.
Staff will print what is on the order form!
If the customer orders the wrong thing:
We DO NOT accept returns on custom printed labels.
We DO NOT reprint and re-post the labels at our expense if the mistake was the customers error.
We DO NOT refund or replace orders because the customer ordered the wrong thing.
We DO NOT got back through the customers previous orders to see if they are ordering something different and try to decipher if the customer made a mistake when ordering.
The customer will need to re-order the correct labels via the website.
It is the customers responsibility to know what they are ordering.
COLOUR LOGO SETUP FEE:
The $25.00 logo setup fee is for your logo to be converted to a suitable black and white image.
Our printers reads images in solid black and white (NO GREY, NO COLOUR).
Image conversion/ logo design work is a time consuming process.
This fee is NOT to print your labels in full colour.
This fee is NON-REFUNDABLE.
If you decide to cancel your order because you wanted full colour printing - your order will be refunded minus the $25.00 fee if your logo has already been modified. This is because services have already been rendered for the logo setup part of the sale. Please carefully read the listing so you know what you are purchasing.
FONTS
AUSTRALIAN LABELLING LAWS
It is up to individual sellers to know the Australian Labelling Laws. These standards guides can be purchased from SAI Global. Customers should read the Trade Practices Act and Product Safety Australia website. I am happy to answer questions regarding the standards if asked; however, I am not the authority on this topic. I can only advise customers to the best of my knowledge. I am happy to help wherever I can but it is your legal responsibility to know the laws regarding your own products.
Here are some helpful links:
https://www.productsafety.gov.au/content/index.phtml/itemId/971636
https://www.legislation.gov.au/Details/F2010L02290
POSTAGE
Australian orders are usually posted ~2-4 business days after Ted and Toot receive full payment, if the item is in stock - excluding custom orders.
Custom order labels: Please allow ~4 business days for label proofs to be designed and emailed to you for approval. Labels are posted ~11 business days after we receive a paid order. Reprinted orders take ~4 business days to manufacture.
We do not refund orders if the customer failed to collect their parcel from Australia Post and it is returned to us as we are charged for the return postage.
SHIPPING IN AUSTRALIA
Parcels shipped from Western Australia
Shipping is now based on order amount:
Orders up to $500 - $10.00 shipping
Orders $501 - $1000 - $13.00 shipping
Orders $1001 plus - $18.00 shipping
- We know our customers need their orders fast so we are now sending all parcels express via Australia Post
- We have changed all our packaging to recyclable cellophane bags and courier satchels
- Our courier satchels are also made from recycled materials.
SIGNATURE ON DELIVERY
Prior to having signature on delivery we experienced a significant number of parcels being reported as stolen, lost and we even had some bad eggs reporting their parcel went missing every delivery even though the post office confirmed the parcel was received by the customer.
So to protect your order and make sure you receive it - Parcels are sent express post, with a tracking number and have complimentary insurance. These parcels must be signed for. This is the postage option we want all customers to choose.
AUTHORITY TO LEAVE
If you choose this option your parcel will be left are your premises without your signature. This voids the insurance on the parcel. If you choose this option you are choosing to take the risk and the onus is no longer with us as we have offered an insured safe option and you have chosen not to accept. If your parcel goes missing, is stolen or damaged in transit we will not replace your order, refund you or compensate you for the missing parcel. The liability is on you. If you choose this option to are acknowledging that you will bear all responsibility for your parcel and acknowledge you will not be compensated.
RETURNS
If you are unhappy with the quality of your purchase, please email us at sales@tedandtoot.com.au. We are happy to find a solution to your problem.
If you change your mind on an in-stock product, you can return your order in its original condition for a product refund.
There are no refunds on custom printed labels.
Return postage is at the customers expense.
Once the order is received in it's original unused condition, a refund will be issued for the product returned. Postage fees for shipping the original product to the customer is not refunded.
1. Registration
We will provide a confirmation of account registration if you register on the Site. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.2. Products, Services and Orders
(a) You may order from us directly via email or as set out on the Site. We may at our discretion accept or reject an order depending on factors including availability of products or services and our ability to validate payment for the products or services.(b) It is your responsibility to check the order details, including delivery address, product/service and pricing, before you complete your order on the Site.(c) We will provide you with order details, which may include contact numbers, an order number, the shipping and billing addresses and a description of what was ordered, when you order and pay on the Site and your payment has been validated(d) A binding agreement comes into existence between you and us once we have given you an order number. No changes to these Sales Terms will be effective unless we both agree to the changes in writing3. Price and Payments
(a) You agree to pay the purchase price specified on the Site or our tax invoices to you (Invoices), including any deposit required. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable) and delivery, unless otherwise set out on our Site or our Invoices(2) We require payment at the time that you place your order for the purchase of a product/service, or as set out in our Invoices, plus any applicable delivery charges based on the delivery options selected by you.(3) You must pay for the product or services by one of the methods set out on the Site or in accordance with our Invoices, including by way of debit card, credit card, electronic funds transfer, PayPal, Afterpay, and Laybuy. Payments will be processed upon receipt of your order. We will not do any work on orders until they are paid in full. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order will be cancelled.4. Artwork
(a) In the event that your order requires you to provide us with your design specifications for your product (Artwork), your Artwork is required to meet our file specifications as set out on our Site or notified to you.(b) We will not be liable for any errors in the Artwork you have submitted to us or any errors caused by the electronic transfer of such Artwork. We accept no responsibility for Artwork submitted to us which contains errors.(c) You are responsible for proofing and approving all products created by us for you using your Artwork.(d) An example label proof (Proof) will be sent to you via email for you to review and approve or request amendments. Our proofs are screenshots of the original print files which we cannot share with you. (e) You are required to respond to our request for approval within 15 business days. If we do not receive a reply to our proof emails within 20 business days we will refund and cancel the order. Staff will make multiple attempts to contact you via email prior to this. It is your responsibility to ensure the email address on the invoice is accurate.If you require amendments to your Proofs, we will amend these as instructed and send to you for final approval once amended.(f) Upon approval from you, any subsequent errors in your products are not our responsibility.(g) You acknowledge and agree that a variation of up to 10% in quantity is inherent in the print process. We do not accept liability regarding these variations, however, we may, in our sole discretion, reprint the shortage or provide you with a refund for the missing quantity5. Availability
(a) All purchases made with us are subject to availability. We do our best to keep in stock most products, ensure that services supplied by us are made readily available to you, and to keep the Site up to date with availability of products or services.(b) If certain products are out of stock or discontinued, we may from time to time substitute a product with another product of similar appearance, value and size. Where an item is substantially different, we will obtain your permission to substitute the item.6. Cancellation
Once you have submitted an order on our Site, confirmed the details of your order and your payment is processed, you will not be permitted to cancel your order at any time and you remain bound by these Sales Terms.7. Delivery
(a) Please refer to the delivery information on the Site to check that you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.(b) Timing: We will normally dispatch the product within 7 business days from the receipt of your order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. We will deliver the product to the place of delivery you specify when making your order(c) Change: If you need to change the delivery address, this can only be done prior to submitting an order by updating your account on our Site. If you need to change your delivery address after placing an order, please email the new address to us before the order is printed.(d) All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery you will be notified, so that you can collect your delivery from your local post office.(e) If you ask to have your parcel left without signature, this voids the insurance on the parcel. If you choose this option you are choosing to take the risk. If you parcel goes missing, is stolen or damaged in transit we will not replace your order, refund you or compensate you for the missing parcel. The liability is in you.8. Discount Codes and Promotions
We may from time to time offer promotional discount codes, which may be applicable to products or services on the Site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.9. Intellectual Property Rights
(a) Intellectual Property Rights mean all present and future rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights (Intellectual Property Rights).(b) We own all Intellectual Property Rights in the Site, business, products, services and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.(c) You must not breach our Intellectual Property Rights by, including but not limited to altering or modifying any of the Materials, creating derivative works from the Materials or using our Materials for commercial purposes such as onsale to third parties10. Dispute
Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products or services, please contact us. If there is a dispute between the Parties in relation to these Sale Terms, the Parties agree to the following dispute resolution procedure:- The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute.
11. Consumer Law, Return, Refund and Exchange Policy
(a) ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).(b) Goods & Services: If you are a consumer as defined in the ACL, the following notice applies to you: Our goods and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. (c) Nothing in these Sales Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for goods provided to a person or entity defined as a “consumer” under the ACL is governed solely by the ACL and these Sales Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.(d) Repair, replacement or a refund: If you wish to seek repair, resupply, replacement or a refund for a product or service, you must contact us within 7 days of receipt of your products/services and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us.(e) Refund: If you are entitled to a refund, we will only give you the refund once evidence of faulty product is received by us, or we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Sales Terms. Any refund we make will be by the same payment method used to purchase the product or service.(f) Packaging: You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse. We will arrange for any products you want returned to be collected, usually within 5 business days.(g) Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made(h) Change of mind: We do not accept returns or refunds for change of mind.12. Limitation of Liability and Disclaimers
(a) While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.(b) Certain legislation including the ACL and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Sales Terms.(c) To the extent permitted by law, we exclude all conditions and warranties, except for your Statutory Rights including but not limited to:- we expressly disclaim any implied or express guarantees, representations or conditions of any kind, which are not stated in these Sales Terms;
- we take no responsibility for, and will not be liable for the Site or the products or services being unavailable; and
- we will not be liable for any loss, damage, injury, death, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products or services, or these Sales Terms, even if we were expressly advised of the likelihood of such loss or damage
14. Indemnity
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Sales Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products or services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Sales Terms.15. General
(a) Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.(b) Accuracy: While we endeavour to keep information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.(c) Termination: We reserve the right to refuse supply of the products or services ordered by you, terminate your account, terminate our contract with you, and remove or edit content on the Site at our sole discretion, without incurring any liability to you. We may terminate your account and our contract with you, in our sole discretion, without incurring any liability to you, if:- you commit a non-remediable breach of these Sales Terms;
- you commit a remediable breach of these Sales Terms and do not remedy the breach within 14 days after receiving notice of the breach.
In these Sales Terms and Conditions (Sales Terms) “we”, “us” or “our” mean Ted and Toot (ABN 71 153 359 387), its successors and assignees, (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases products or related services from us (referred to as “you” or “your”), and collectively the Parties. These Sales Terms apply to all sales made by us to you. These Sales Terms are available at www.tedandtoot.com.au (Site).
These Sales Terms form the agreement under which we will supply products and related services to you. Please read these Sales Terms carefully. If you have any questions, please contact us using the contact details below, before you purchase products or related services from us.
You accept our Sales Terms by making a purchase from us or ticking the online acceptance box. Your purchase from us indicates that you have had sufficient opportunity to access these Sales Terms and contact us, that you have read, accepted and will comply with these Sales Terms.
Our Website Terms of Use set out the terms and conditions for using the Site. Our Privacy Policy sets out how we collect, use and protect your personal information. These are available on the Site.
1. Registration
We will provide a confirmation of account registration if you register on the Site. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.
2. Products, Services and Orders
(a) You may order from us directly via email or as set out on the Site. We may at our discretion accept or reject an order depending on factors including availability of products or services and our ability to validate payment for the products or services.
(b) It is your responsibility to check the order details, including delivery address, product/service and pricing, before you complete your order on the Site.
(c) We will provide you with order details, which may include contact numbers, an order number, the shipping and billing addresses and a description of what was ordered, when you order and pay on the Site and your payment has been validated
(d) A binding agreement comes into existence between you and us once we have given you an order number. No changes to these Sales Terms will be effective unless we both agree to the changes in writing
3. Price and Payments
(a) You agree to pay the purchase price specified on the Site or our tax invoices to you (Invoices), including any deposit required. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable) and delivery, unless otherwise set out on our Site or our Invoices
(2) We require payment at the time that you place your order for the purchase of a product/service, or as set out in our Invoices, plus any applicable delivery charges based on the delivery options selected by you.
(3) You must pay for the product or services by one of the methods set out on the Site or in accordance with our Invoices, including by way of debit card, credit card, electronic funds transfer, PayPal, Afterpay, and Laybuy. Payments will be processed upon receipt of your order. We will not do any work on orders until they are paid in full. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order will be cancelled.
4. Artwork
(a) In the event that your order requires you to provide us with your design specifications for your product (Artwork), your Artwork is required to meet our file specifications as set out on our Site or notified to you.
(b) We will not be liable for any errors in the Artwork you have submitted to us or any errors caused by the electronic transfer of such Artwork. We accept no responsibility for Artwork submitted to us which contains errors.
(c) You are responsible for proofing and approving all products created by us for you using your Artwork.
(d) An example label proof (Proof) will be sent to you via email for you to review and approve or request amendments. Our proofs are screenshots of the original print files which we cannot share with you.
(e) You are required to respond to our request for approval within 15 business days. If we do not receive a reply to our proof emails within 20 business days we will refund and cancel the order. Staff will make multiple attempts to contact you via email prior to this. It is your responsibility to ensure the email address on the invoice is accurate.
If you require amendments to your Proofs, we will amend these as instructed and send to you for final approval once amended.
(f) Upon approval from you, any subsequent errors in your products are not our responsibility.
(g) You acknowledge and agree that a variation of up to 10% in quantity is inherent in the print process. We do not accept liability regarding these variations, however, we may, in our sole discretion, reprint the shortage or provide you with a refund for the missing quantity
5. Availabilty
(a) All purchases made with us are subject to availability. We do our best to keep in stock most products, ensure that services supplied by us are made readily available to you, and to keep the Site up to date with availability of products or services.
(b) If certain products are out of stock or discontinued, we may from time to time substitute a product with another product of similar appearance, value and size. Where an item is substantially different, we will obtain your permission to substitute the item.
6. Cancellation
Once you have submitted an order on our Site, confirmed the details of your order and your payment is processed, you will not be permitted to cancel your order at any time and you remain bound by these Sales Terms.
7. Delivery
(a) Please refer to the delivery information on the Site to check that you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
(b) Timing: We will normally dispatch the product within 7 business days from the receipt of your order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. We will deliver the product to the place of delivery you specify when making your order
(c) Change: If you need to change the delivery address, this can only be done prior to submitting an order by updating your account on our Site. If you need to change your delivery address after placing an order, please email the new address to us before the order is printed.
(d) All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery you will be notified, so that you can collect your delivery from your local post office.
(e) If you ask to have your parcel left without signature, this voids the insurance on the parcel. If you choose this option you are choosing to take the risk. If you parcel goes missing, is stolen or damaged in transit we will not replace your order, refund you or compensate you for the missing parcel. The liability is in you.
8. Discount Codes and Promotions
We may from time to time offer promotional discount codes, which may be applicable to products or services on the Site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.
9. Intellectual Property Rights
(a) Intellectual Property Rights mean all present and future rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights (Intellectual Property Rights).
(b) We own all Intellectual Property Rights in the Site, business, products, services and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.
(c) You must not breach our Intellectual Property Rights by, including but not limited to altering or modifying any of the Materials, creating derivative works from the Materials or using our Materials for commercial purposes such as onsale to third parties
10. Dispute
Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products or services, please contact us. If there is a dispute between the Parties in relation to these Sale Terms, the Parties agree to the following dispute resolution procedure:
- The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute.
Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Sales Terms, by law or in equity.
11. Consumer Law, Return, Refund and Exchange Policy
(a) ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
(b) Goods & Services: If you are a consumer as defined in the ACL, the following notice applies to you: Our goods and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(c) Nothing in these Sales Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for goods provided to a person or entity defined as a “consumer” under the ACL is governed solely by the ACL and these Sales Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
(d) Repair, replacement or a refund: If you wish to seek repair, resupply, replacement or a refund for a product or service, you must contact us within 7 days of receipt of your products/services and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us.
(e) Refund: If you are entitled to a refund, we will only give you the refund once evidence of faulty product is received by us, or we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Sales Terms. Any refund we make will be by the same payment method used to purchase the product or service.
(f) Packaging: You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse. We will arrange for any products you want returned to be collected, usually within 5 business days.
(g) Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made
(h) Change of mind: We do not accept returns or refunds for change of mind.
12. Limitation of Liability and Disclaimers
(a) While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.
(b) Certain legislation including the ACL and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Sales Terms.
(c) To the extent permitted by law, we exclude all conditions and warranties, except for your Statutory Rights including but not limited to:
- we expressly disclaim any implied or express guarantees, representations or conditions of any kind, which are not stated in these Sales Terms;
- we take no responsibility for, and will not be liable for the Site or the products or services being unavailable; and
- we will not be liable for any loss, damage, injury, death, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products or services, or these Sales Terms, even if we were expressly advised of the likelihood of such loss or damage
(d) To the extent permitted by law, our total liability arising out of or in connection with the products, the services or these Sales Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or services under these Sales Terms.
(e) This clause will survive termination of these Sales Terms.
14. Indemnity
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Sales Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products or services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Sales Terms.
15. General
(a) Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
(b) Accuracy: While we endeavour to keep information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
(c) Termination: We reserve the right to refuse supply of the products or services ordered by you, terminate your account, terminate our contract with you, and remove or edit content on the Site at our sole discretion, without incurring any liability to you. We may terminate your account and our contract with you, in our sole discretion, without incurring any liability to you, if:
- you commit a non-remediable breach of these Sales Terms;
- you commit a remediable breach of these Sales Terms and do not remedy the breach within 14 days after receiving notice of the breach.
(d) GST: If and when applicable, GST payable on our services or products will be set out in our invoices. By accepting these Sales Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
(e) Relationship of Parties: These Sales Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
(f) Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Sales Terms if such delay is due to any circumstance beyond our reasonable control.
(g) Notice: Any notice in connection with these Sales Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.
(h) Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Sales Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Sales Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
(i) Assignment: You must not assign any rights and obligations under these Sales Terms, whether in whole or in part, without our prior written consent.
(j) Severability: If any of these Sales Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(k) Jurisdiction and Applicable Law: Your use of the Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Sales Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales, Australia. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site
(l) Entire Agreement: These Sales Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.