Fees and charges
We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
The purchase price of each Product is shown on the product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our stores for the same Product and we are not obliged to match any prices.
Just like in our stores, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (and in particular, our Back Order Policy), once we have accepted your order, we will not change any prices that apply to the Products in that order.
If you cancel an order then:
a. subject to (b), we will refund any amounts paid by you for that cancelled order;
b. we will not refund the Delivery Fees where the Products in your cancelled order have been dispatched for delivery.
You may pay the fees and charges for an accepted order using the following payment methods:
a) the following credit cards:
- American Express; and
- Diners Club; or
b) other payment methods:
- Electronic funds transfer; and
- Purchase order (if a credit account is established);
- Cheque (if prior approval is granted).
If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may cancel your order.
If we have previously agreed that you are a business customer that may obtain Products from us on a deferred payment basis, then we will invoice you the fees and charges for the Products you have ordered when the aggregate amount payable by you for all orders placed under these terms and conditions reaches or exceeds the agreed amount. You must pay us the fees and charges in accordance with these terms and conditions or as otherwise agreed to prior.
If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card or account.
You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the order.
Subject to this section, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
Subject to this section, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
a. in the case of services: the resupply of the services; or the payment of the cost of resupply; and
b. in the case of goods: the replacement of the goods, 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.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
a) the breach cannot be remedied; or
b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or
c) if there is an emergency.
We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
Changes to these terms and conditions
For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.