1. GENERAL 1.1. This agreement is formed between you and Deluxe Products
Pty Limited ACN 102 989 097 ("Deluxe Products", "us", "we", or "our"),
of Unit 1/ 163 Prospect Highway, Seven Hills NSW, Australia. 1.2. The terms and conditions contained in this agreement sets
out your obligations and our obligations when using Deluxe Products
ordering service and delivery service ("the Services") through the
website www.deluxeproducts.com.au ("the Site") or through our telephone
ordering service. 1.3. When you register an account with us to use the Services,
you are deemed to have accepted this agreement, as amended and varied by
us from time to time. 1.4. We may amend this agreement from time to time and you should
review this agreement from time to time. If you continue to use the
Services following any amendment to this agreement, this constitutes
your acceptance of the new terms and conditions applying to the
Services. 1.5. If there are any additional conditions in relation to the
Services, contained in other website pages on the Site, these will be
incorporated into and will form part of this agreement, unless those
additional conditions conflict with these terms and conditions. You must
read all information available on the product information page of any
item or product you intend to order before placing an order through the
Services.
2. USE OF THE SERVICES 2.1. You agree to use the Site and the Services for purposes
permitted by this agreement. 2.2. You must not access or attempt to access the Site by any
means other than the interface as provided by us. 2.3. You must not take any action that may interfere with or
disrupts the operation of the Site or the Services. 2.4. You must not use any device or software to interfere with or
attempt to interfere with the Site or the Services. 2.5. You may not use another member's account without permission. 2.6. Without limiting any other remedies available to us, we may
in our sole discretion suspend or terminate your account if we
reasonably suspect that you may have engaged in fraudulent activity in
connection with your use of the Services. 2.7. Without limiting any other remedies available to us, we may
in our sole discretion suspend or terminate your account if your conduct
is deemed by us to be inconsistent with the terms and conditions of this
agreement.
3. REGISTRATION 3.1. You must register an account with us and provide to us your
details to use the Services. 3.2. When you register an account with us, you are deemed to have
accepted this agreement, as amended and varied by us from time to time. 3.3. You must not use false or misleading information when
registering an account with us or when using the Service. 3.4. If your details have changed from the last time you have
used the Service, you must provide us with the updated details. 3.5. We will not be responsible for any loss or damage which may
occur because you have not provided us with complete and accurate
information.
4. LEGAL CAPACITY 4.1. You must be able to form legally binding contracts to use
the Services and must be over the age of 18 years.
5. PLACING ORDERS 5.1. You may use the Site and the Services to place orders to
purchase items or products displayed on the Site. 5.2. Items and products displayed on the Site do not constitute
an offer to sell. No information on the Site is considered or deemed as
an offer by us to supply any items or products. 5.3. By placing an order with the Service, you make an offer to
us to purchase the items or products that you have selected under the
terms and conditions of this agreement, at the price displayed. 5.4. We reserve the right to accept or reject your offer for any
reason including, but not limited to:
(a) the availability of the item or product;
(b) an error in the price or item or product description;
(c) an error in your order.
6. PRICE AND GST 6.1. The prices of any product displayed on the Site, delivery,
and any other charges are in Australian dollars only (AUD$). 6.2. We reserve the right to change the prices for any item or
product displayed on the Site from time to time. 6.3. The prices for any item or product displayed on the Site do
not include delivery charges or any other charges. 6.4. All prices, including prices for any item or product
displayed on the Site, delivery, and any other charges include GST.
7. PAYMENT 7.1. You must pay to us the purchase price of the items or
products that you have ordered including any other applicable fees or
charges, such as delivery charges, as set out in our tax invoice. 7.2. We accept payment by credit card (Visa, MasterCard, and
American Express), PayPal, direct bank deposit, internet transfer, money
order, or cheque. 7.3. We will not process your order until we have received full
and cleared payment from you. Please note that payment via direct bank
deposit, internet transfer, or cheque may take several days to be
processed.
8. DELIVERY 8.1. Subject to the terms and conditions of this agreement, we
will supply to you the items and products indicated in your order
confirmation. 8.2. We will withhold delivery of any item or product until you
have paid everything owing to us. Please note that payment via direct
bank deposit, internet transfer, or cheque may take several days to be
processed. 8.3. We will use best endeavours to deliver to you the products
on or before the delivery date indicated in your order confirmation;
however you acknowledge that the delivery date indicated in your order
confirmation is an estimate only. 8.4. We will deliver the items or products indicated in your
order confirmation to the address nominated to us for the delivery of
your product, as provided by you when you use the Services (the
Delivery Address). 8.5. If any item or product is large or heavy, you must ensure
that there will be a person available at the place of delivery that is
able to assist our deliveryman with the delivery of the item or product. 8.6. We reserve the right to charge you for any additional costs
incurred in the re-delivery of the item or products indicated in your
order confirmation if:
(a) after confirming the delivery date with you, there is no person at
the Delivery Address to receive the item or product or no person at the
Delivery Address that is able to sign any consignment note indicating
that the item or product has been received;
(b) through no fault of our deliveryman, our deliveryman is not able to
unload or deliver the item or product ordered to the Delivery Address
(such as there being no person to assist if the item or product is large
or heavy, or if there is a hostile animal on the premises); or
(c) the Delivery Address is incorrect. 8.7. We will not deliver any item or product:
(a) to any location outside of Australia; or
(b) on weekends or after normal working hours.
9. RISK AND TITLE 9.1. Title in any items or products will only pass to you when we
receive full payment all amounts specified in our tax invoice. 9.2. The risk in any items or products delivered will pass to you
when it is delivered.
10.WARRANTIES 10.1.In addition to any voluntary warranties offered by the
manufacturer, statutory conditions and warranties apply and nothing in
this agreement excludes the application of those statutory conditions
and warranties. 10.2. Any additional warranties offered for a particular item or
product displayed on the Site will appear on that product��s product
information web page. 10.3. At our discretion, we will refund, repair, or replace any
item or product that:
(a) does not match the description provided on the Site;
(b) is not fit for the purpose as described on the Site; or
(c) is not of merchantable quality (for example, is defective, or is
"dead-on-arrival"). 10.4. If you wish to make a claim for the breach of any warranty,
you must:
(a) notify us in writing; and
(b) provide us with proof of purchase. 10.5. If, in accordance with the warranty under this agreement, a
repair is approved for the item or product and that repair may be
effected by the simple replacement of a particular part or component of
the item or product, then we may, at our discretion, send you the
replacement part or component to repair the item or product, at our own
cost. 10.6. If any item or product is returned to us for refund,
repair, or replacement, you must return it to us, at your own cost, and
ensure that the item or product is properly packaged to prevent any
damage during transit. We will not be responsible for any damage to the
item or product during transit. 10.7. If, after examining or assessing the item or product, we
determine that there has been no breach of our warranty:
(a) we reserve the right to charge you for any reasonable costs incurred
in the examination or assessment of any item or product, including but
not limited to any costs incurred in sending an on-site technician to
examine or assess the item or product; and
(b) we reserve the right to charge you for any re-delivery costs
incurred to return the item or product to you.
11.30 DAY MONEY BACK GUARANTEE 11.1.All our items or products come with a thirty (30) day money
back guarantee ("the 30-day Money Back Guarantee"). If you, for any
reason whatsoever, are not satisfied with the item or product supplied
to you, you may, within thirty (30) days of the item or product being
delivered to you, return the item or product to us for a full refund of
the purchase price of the item or product. The full refund of the
purchase price of the item or product does not include fees paid for any
delivery, shipping, or handling charges. 11.2. If you exercise your rights under the 30-day Money Back
Guarantee, you:
(a) must notify us in writing of the exercise of your rights under the
30-day Money Back Guarantee within thirty (30) days of the item or
product being delivered to you;
(b) must provide us with proof of purchase;
(c) must return the item or product to us in its original condition and
in its original packaging;
(d) must return the item or product to us at your own cost; and
(e) are not entitled to make any claim for the breach of any warranty.
12.7-DAY DEAD ON ARRIVAL WARRANTY 12.1. In addition to our standard warranties, all our items or
products have our day; 7-day Dead on Arrival Warranty; An item or
product is considered; Dead on Arrival; if it is broken or defective
when delivered or it shows symptoms of failure within seven (7) days
after being delivered. 12.2. If you consider your item or product to be Dead on Arrival
and choose to exercise your rights under the 7-day Dead on Arrival
Warranty, you must:
(a) contact us within seven (7) days of the item or product being
delivered to you;
(b) provide to us sufficient information for us to determine if the item
or product delivered is Dead on Arrival, including providing us with
photographic evidence of the item or product and the packaging it was
received in;
(c) provide us with proof of purchase; and
(d) return the item or product to us in its received condition and in
its received packaging. 12.3. If we determine that an item or product is Dead on Arrival:
(a) we may, at our discretion, refund or replace that item or product;
and
(b) if the product is to be returned to us, we will organise for the
collection of the item or product from the Delivery Address. 12.4. If we determine that an item or product is Dead on Arrival,
and we authorise a refund or replacement of the item or product:
(a) the item or product returned to us becomes our property; and
(b) any replacement item or product will be provided the same warranties
as the returned item or product. 12.5. If, after examination or assessment of the item or product,
we determine that there has been no breach of our 7-day Dead on Arrival
Warranty:
(a) we reserve the right to charge you for any reasonable costs incurred
in the examination or assessment of the item or product;
(b) we reserve the right to charge you for any collection and
re-delivery costs incurred in collecting the item or product from you
and/or returning the item or product to you.
13. FREE TRANSIT INSURANCE 13.1. We will arrange transit insurance, at our expense, for the
delivery of all our items or products to you. 13.2. If you consider that an item or product delivered to you
has been damaged during the delivery process you must:
(a) notify us within twenty-four (24) hours after the item or product
has been delivered;
(b) provide to us sufficient information for us to determine if the item
or product delivered has been damaged during the delivery process,
including providing us with photographic evidence of the item or product
and the packaging it was received in;
(c) provide to us a copy of the delivery or consignment note signed at
delivery, indicating that the item or product was received in a damaged
condition; and 13.3. If we determine that an item or product delivered to you
has been damaged during the delivery process:
(a) we may, at our discretion refund, repair, or replace that item or
product; and
(b) if the item or product is to be returned to us, we will organise for
the collection of the item or product from the Delivery Address; and 13.4. If we have determined that an item or product delivered to
you has been damaged during the delivery process and that repair may be
effected by the simple replacement of a particular part or component of
the item or product, then we may, at our discretion, send you the
replacement part or component to repair the item or product, at our own
cost. 13.5. If any item or product is returned to us for refund,
repair, or replacement, you must return it to us in its original
condition, along with all original packaging. 13.6. If you or our deliveryman provides to us a signed delivery
or consignment note that does not indicate that the item or product was
received in a damaged condition:
(a) we reserve the right to refuse to refund, repair, or replace the
returned product;
(b) we reserve the right to charge you for any collection and
re-delivery costs incurred in collecting the item or product from you
and/or returning the item or product to you.
14. LIMITATION OF LIABILITY AND INDEMNITIES 14.1. We will not be liable for any loss, expenses, costs or any
special, incidental, or consequential damages arising out of or in
connection with the use of the Services or the sale of any item or
product. 14.2. We will not be liable for any loss, expenses, losses,
costs, consequential losses, or direct or indirect damage suffered by
you where your credit card has been fraudulently used or has been used
in an unauthorised manner. 14.3. Our maximum liability for any item or product supplied to
you is limited to a maximum total aggregate sum of the amount payable by
you in respect to the item or product in question. 14.4. You will at all times indemnify us from any claims, loss,
damage, liabilities, expenses, costs or demands including legal fees
made by any third party due to or arising out of a breach of this
agreement by you or arising out of your negligent act or omission.
15. PRIVACY 15.1. Our privacy statement is available on the Site and we will
use all reasonable efforts to ensure that any information or data
collected from you is stored and used in accordance with this privacy
statement. 15.2. By registering an account with us for the use of the
Services you agree that we may store, process, and use any information
or data collected from you in accordance with our privacy statement.
16. INTELLECTUAL PROPERTY 16.1. We reserve all intellectual property rights including but
not limited to any trade marks and copyright in material and/or services
provided by us. 16.2. Nothing in this agreement permits you or gives you any
rights to use any of our marketing materials, copyrighted material
(including website layout), trade marks, business names, logos,
photographs, or domain names. 16.3. Any trade marks used on the Site belonging to third parties
are used with permission and remain the intellectual property of such
third party.
17. OTHER IMPORTANT MATTERS 17.1. We will not be liable for any delay in performing any of
our obligations under this agreement if such delay is caused by
circumstances beyond our reasonable control. 17.2. If any part of this agreement is found to be void, unlawful
or unenforceable, then that part shall be deemed severable from the
balance of this agreement and the severed part will not affect the
validity and enforceability of any remaining provisions. 17.3. This agreement is governed by and will be construed
according to the law of New South Wales, Australia.