GENERAL CONDITIONS FOR USE OF THIS WEBSITE
In the context of this website and the following Terms and Conditions:
- “we”, “our”, “us” and “Supplier” means RETAIL CO or WHOLESALE CO depending on the entity supplying the product (the website product listing states the seller and supplier of each product);
- “you”, “your”, “Purchaser” and “Customer” means you, the user or customer of this website;
- “Goods” and “Product” means the products sold through the website
1.1 These Terms and Conditions form part of the Contract of Sale between the customer (You) and RETAIL CO Pty Ltd ABN 865 232 904 03 (“Trading as Because
We Care Australia Pty Ltd”)
1.2 Except if otherwise required by law the following Terms and Conditions, the Purchase Order and our Privacy Statement collectively comprise the Contract of Sale. The Contract of Sale govern your use of this website, including any purchases made by you through this website.
1.3 If you use this website you agree to be bound by the Terms and Conditions and if you shop at and through this website you agree to the terms of the Contract of Sale.
If you do not agree to the Terms and Conditions and our Privacy Statement do not use this website.
1.4 By placing an order through this website you are deemed to:
(a) have read, understood and agreed to terms contained within the Contract of Sale;
(b) be at least eighteen (18) years of age to place an order with us. We do not knowingly accept orders from anyone under the age of 18;
1.5 The information on this site is intended and applicable for Australian consumers only and is governed by Australian law.
1.6 We shall not be responsible for any detriment or loss suffered or incurred by you in reliance on any representation or other content which is made or appears on this website. Use of this website is on an “as is” basis and is entirely at your risk.
2. CHANGES TO TERMS
2.1 The Supplier has the right to make changes to these Terms and Conditions at any time in their absolute discretion.
2.2 The Terms and Conditions applicable to a transaction between the Supplier and the Purchaser shall be the version of the Terms and Conditions that existed immediately prior to the time at which Payment was made by the Purchaser for the Products and received by the Supplier.
2.3 It is the Purchaser’s responsibility to check these Terms and Conditions regularly for any such changes.
3. CHANGES TO PRODUCTS
3.1 We may make changes to the products described and to other content of this website, at any time without notice.
3.2 We make every effort to ensure that product descriptions on our website are accurate. However some inaccuracies, typographical errors or miss-descriptions may occur from time to time. We reserve the right to correct such inaccuracies or typographical errors as they are identified.
3.3 We make no representations about the suitability of this information or the product’s fitness for any known or specific purpose.
3.4 All products are provided on an “as is” basis without warranty of any kind from RETAIL CO.
4. PRODUCT PRICES
4.1 The price displayed on this website are inclusive of GST.
4.2 Prices are subject to change without notice and at the supplier’s sole discretion.
4.3 Product prices do not include postage and delivery charges and which charges shall be added to the order.
5. INTERNET COMMUNICATIONS
5.1 By using the website you consent to receiving communications electronically.
5.2 By using the website you acknowledge that this website may:
(a) Store one or more cookies in your browser in order to improve service for you on your subsequent visits to this website;
(b) Request your browser to transmit this data back to the web server; or
(c) Request your browser to transmit a cookie that has been stored on your browser by another site within the same Internet domain.
5.3 By using the website you approve and allow for the things mentioned at 5.2 above to occur.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Material contained on this website belongs to (OVERSEAS ENTITY) and is protected by copyright.
6.2 Except to the extent permitted by relevant copyright legislation, you may not use, copy, modify, transmit, store, publish or distribute any material on this website or create any other material using any material on this website, without obtaining our prior written consent.
6.3 Registered trade marks and logos must not be used or modified in any way without obtaining the prior written consent of the trade mark or logo owner.
6.4 The website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms and Conditions. Your use of this website and material on it must not in any way infringe the intellectual property rights of any person or entity.
7. YOUR ACCOUNT
7.1 To purchase from us you must establish an account on this website.
7.2 The Supplier retains absolute discretion to refuse an account to be established, to terminate accounts, to remove or edit content where the account has not been kept in accordance with these Terms and Conditions.
7.3 It is your responsibility to provide and maintain as current your correct details and which details include, but are not limited to, your email address, delivery address, billing address and telephone number. Any incorrect information provided may lead to a delay in delivery or non-delivery of the product ordered. The Purchaser shall have no recourse against the Supplier in the event of non-delivery due to incorrect or outdated information having been provided.
7.4 The Purchaser shall be responsible for the confidentiality of its account password. Your password and account details are stored on a secure server for ease of use in processing future orders or (where applicable) for any warranty claims. The information stored is only used to process orders, for statistical purposes that may improve our website and its services, and to allow us to notify you of special offers or new products via our newsletters or other electronic communications. Please refer to our Privacy Statement on this website. No credit card details are stored by us.
9. CONTRACT OF SALE
9.1 The Supplier reserves the right to not accept any order submitted through its website.
9.2 A contract for supply is only formed upon the Supplier accepting an order and receiving full payment for the products purchased by the Purchaser.
9.3 These terms together with your order constitute the entire contract between you and us for the supply of products. No other terms will apply except where terms may be implied by law.
9.4 The contract cannot be varied unless we agree to variations in writing or by email.
10. PURCHASING PRODUCT(S)
10.1 When you place an order with us you have made an offer to purchase the product you have chosen and when we issue a tax invoice to you we have accepted your offer. Both offer and acceptance are based on these terms and conditions and are subject to any clause allowing for the cancellation of an order before property passes to you.
10.2 We will issue provide you with an Order Number by email after we have received your offer to purchase. We will notify you when we process your order by sending you an Order Confirmation and tax invoice via email.
10.3 We only accept Australian credit cards.
10.4 To prevent credit card or payment fraud your offer will only be accepted by us after it has passed our validation procedures. If for any reason we cannot process or accept your order after payment is received, we will contact you by email or telephone to determine your requirements for the reimbursement of money paid.
10.5 We retain discretion to cancel orders if our processes identify any attempt at fraud or for any other legitimate reason.
11.1 We only accept payment through PayPal and Credit cards (Visa and Master).
11.2 Payment will not be processed until we have received all relevant information required for processing to be completed. The processing of payment for Orders placed on a weekend or a Public holiday will not begin until the next working day.
11.3 Some payment options might be disabled for security purposes, if your preferred payment option is not available kindly select the next preferred option for payment.
12. DEFECTIVE GOODS AND LIMITATION OF LIABILITY
12.1 The Supplier’s liability to the Customer (and any party claiming through the Customer against us) for any claim for loss or damages (including legal expenses) made in connection with the Contract of Sale (including the supply of Goods described in the Contract) whether in contract, tort (including negligence), under statute, in equity or otherwise shall be strictly limited as follows (except to the extent that the law prohibits such a limitation):
(a) for any liability arising from Goods not meeting the specification or which are said to be otherwise defective or deficient, the Supplier’s liability shall be limited to the cost of replacement of those Goods as soon as reasonably practicable, or the repair of those Goods or the repayment (or allowance) of the Purchase Price of those Goods (at the option of the Supplier);
12.2 The Supplier shall not, to the maximum extent permitted by law, be liable to the Customer for any indirect, special or consequential loss or damage of any nature whatsoever resulting from, connected to or caused in any way by the Products supplied.
12.3 By way of illustration, indirect, special or consequential loss or damage includes, but is not limited to:
(a) any loss of income, profit, production, contract, customers, business opportunity or business;
(b) any loss of goodwill or reputation;
(c) any loss or damage resulting from the loss or damage to goods other than the Goods.
12.4 Any claim by a Customer in respect of defective, non-conforming or damaged Goods must be made in writing within 14 days of the delivery of the Goods, unless a longer period is expressly agreed to by us in writing.
12.5 Despite any other provision of the Contract of Sale, we are not liable, to the maximum extent permitted by law, for:
(a) the cost of removal of Goods not meeting the specification or which are said to be otherwise defective or deficient, whether installed or otherwise;
(b) the cost of installation of replacements for Goods not meeting the specification or which are said to be otherwise defective or deficient;
(c) defects or deficiencies in Goods caused by improper installation, maintenance or storage of Goods or related components or normal wear and tear and damage.
12.6 Whilst we employ the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
13.1 You will be provided with an estimated delivery time when you checkout. The estimated delivery times are between 9:00am and 5:00pm Monday to Friday excluding public holidays. Normal delivery is within 3 to 14 working days from the date of payment.
13.2 We will make every effort to deliver your product within the estimated delivery time but the actual delivery times may change due to changes in supply or circumstances beyond our control.
13.3 Please contact us if your item/s are not delivered within 45 days from the date of purchase, any claims of non-delivery outside this time frame will be considered delivered to you.
13.4 Please also note that deliveries with address on some farms, mine sites, islands, Aboriginal sacred sites and other regional or remote locations may not be accessible to our couriers and will not be able to deliver to your door steps. In such cases our courier will contact you for alternate delivery options.
14. RISK AND TITLE TO PROPERTY/PRODUCTS
14.1 Property in the product passes to you upon receipt of the product by you.
14.2 Risk in the Product passes to you upon dispatch to you by us
15. RESOLVING YOUR CONCERNS
15.1 If you have any concerns with, or do not understand, our Terms and Conditions we encourage you to contact us and we will make every endeavour to resolve your concerns.
15.2 Our contact details are below and we will respond to your query as soon as possible.
Post: Customer Service Officer, 309 Fitzgerald Road Derrimut, VIC, 3026