Terms & Conditions 

Jalbi Australia

On this page

• Website Terms of Use
• Terms of Trade

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Website Terms Of Use

Jalbi Australia

1. Introduction

Thank you for visiting Jalbi Australia, at www.jalbiaustralia.com.au.

The Site is a website operated by Antecedent Australia Pty Ltd trading as Jalbi Australia (Australian Business Number 27 648 616 335) (we, us and our) of Suite 3, 810 North Lake Road, Cockburn Central, Western Australia, Australia 6164. To contact us, please email us at welcome@jalbiaustralia.com.au.

Our store is hosted on www.Shopify.com.They provide us with the online e commerce platform that allows us to sell our products to you. We are independent from Shopify.com and they are not responsible for our Site. We are not responsible for any design malfunctions of their e-commerce platform.

2. Version

These Website Terms of Use (Terms) were most recently updated on 19 May 2023.

3. Acceptance of Terms

By using the Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Site.

You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

4. Changes to Terms

We amend these Terms from time to time. Every time you wish to use the Site, please check these Terms to ensure you understand the terms of use that apply to accessing and using the Site at that time.

5. Changes to Site

We may update and change the Site from time to time, for any reason, including without limitation to reflect changes to the goods and/or services offered, our users’ needs, changes in law and our business priorities. This may include conducting maintenance or software updates. We will try to give you reasonable notice of any major changes where it is practicable to do so.

We may require you to perform or execute software updates. If you do not, you may not be able to access or use the Site.

6. Suspension of Withdrawal of Site

We do not guarantee that the Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. However, we may perform any maintenance or update to the Site, as we consider necessary or appropriate. Such maintenance may render the Site or parts of it temporarily inoperable or unavailable.

7. Eligibility to Use the Site

The Site is directed to users who are 18 years of age or older and who reside in and use the Site within Australia. We do not represent that content available on or through the Site is appropriate for use or available in other locations.

If you access the Site from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.

8. Account Details

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know, or suspect that anyone other than you knows, your user identification code or password, you must promptly notify us using the contact details in clause 1 of these Terms.

9. Use of Material

9.1. Ownership

We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works may be protected by copyright, trademark and other relevant intellectual property right laws and treaties around the world. All such rights are reserved.

9.2. Permitted

use You may print off one copy, and may download extracts, of any page(s) from the Site which may be accessed without payment of a fee for your personal use and you may draw the attention of others to content posted on the Site. You must not print off or download any page(s) from the Site which require payment to access, except as expressly permitted in the terms and conditions for accessing such page(s).

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.

9.3. Prohibited use

The Site is for your personal, non-commercial (other than for the purposes of purchasing our goods and services for your business) use only. You must not use any part of the content on the Site to conduct business or for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

If we provide social media features, such as the ability to share content, you may take such actions as are enabled by such features.

You must not delete or alter any copyright, trademark or other proprietary rights
notices from copies of materials from this Site.

10. Accuracy of Information

This Site is provided on an “as is” and “as available” basis, and we do not make any representations or warranties, whether express or implied, regarding the operation or availability of the Site.

The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely, except as expressly stated otherwise.

Although we make reasonable efforts to update the information on the Site, we do not make any representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.

11. Third Party Providers

The Site may contain advertisements for, or offers for sale of, goods and services provided by third party suppliers or service providers (Third Party Providers). We endeavour to identify and distinguish such goods and services from those which are provided by us.

In respect of goods or services of Third Party Providers, you acknowledge and agree that:

(a) we are not offering to sell or supply such goods or services;

(b) the Site acts as a format by which the Third Party Providers may advertise such goods or services, including any offers for sale;

(c) we are not responsible and will not be liable in relation to such goods or services, or any sales transaction related to the same, and you will not hold us responsible for any act or omission on the part of the relevant Third Party Provider;

(d) any sales transaction for such goods and services is between you and the relevant Third Party Provider, and we are not a party to such transaction;

(e) the Third Party Provider may offer such goods or services subject to their own separate terms and conditions;

(f) we do not have any control over, nor do we provide any guarantee, representation or warranty in respect of, the goods or services being advertised or offered, including in respect of condition, quality, safety, legality, accuracy, delivery/performance time, or the ability of the Third Party Provider to perform/deliver the goods or services; and

(g) if any Third Party Provider breaches their obligations to you in respect of such goods or services, including under any sales transaction for the same, you (and not us) will be responsible for enforcing your rights and pursuing any action or claim against the Third Party Provider which may be available to you.

12. Linked Websites

Where the Site contains links to other websites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

13. Privacy

We may collect personal information about you in order to respond to your enquiries, process your registration, provide you with services/features/functions of the Site, and for purposes otherwise set out in our Privacy Policy. You can obtain a copy of our Privacy Policy via the Site.

By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

14. User-Generated Content

This Site may include information and materials uploaded by other users of the Site, including to comment threads. This information and these materials have not been verified or approved by us. The views expressed by other users on the Site do not represent our views or values.

This Site may contain comment threads, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons (Post) content or materials (collectively, User Contributions) on or through the Site.

All User Contributions must comply with the content standards set out in clause 17 of these Terms.

Any User Contribution which you Post to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content. However, by providing any User Contribution on the Site, you grant us (including our ‘related bodies corporate’ within the meaning of that term under the Corporations Act 2001 (Affiliates) and our service providers, and each of their and our respective licensees, successors and assigns) the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, subject to your specific account settings (if any).

We also have the right to disclose your identity to any third party who is claiming that any content Posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any Post you make on the Site if, in our opinion, your Post does not comply with the content standards in clause 17 of these Terms.

You are solely responsible for securing and backing up your content.

You represent and warrant that:

(a) You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us (including our Affiliates and service providers, and each of their and our respective licensees, successors and assigns).

(b) All of your User Contributions (if any) do and will comply with these Terms.

(c) You understand and acknowledge that you are responsible for any User Contributions you Post, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

(d) We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions which are Posted by you or any other user of the Site.

We have the right to remove, refuse to Post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users, please contact us using the contact details in clause 0 of these Terms.

15. Promotions

For certain promotions, campaigns or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

16. Intellectual Property Rights

16.1. Ownership

Unless otherwise indicated, and without limiting clause 9, we own or license from third parties all rights, title and interest (including intellectual property rights) in the Site, including all of the content and material (including all text, graphics, logos, audio and software) made available on this website (Content).

All intellectual property rights created (including future copyright) on or in relation to the Site vest in us (or a third party licensee, as the context requires).

For these purposes, “intellectual property rights” means all existing and future statutory, industrial and other proprietary rights existing anywhere in the world in relation to trade marks, designs, patents, copyright, confidential information, trade secrets and all other intellectual property rights as defined in Article 2 of the convention establishing the World Intellectual Property Organisation of July 1967 as amended from time to time, including all modifications, improvements and/or adaptations of the same.

16.2. No-rights

Your use of the Site and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Site or the Content. However, we do grant you a licence to access the Site and view the Content on and subject to these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

16.3. Prohibited conduct

Any reproduction or redistribution of the Site or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of the Site, the Content or any part of it is prohibited, except to the extent permitted by law.

‘Jalbi Australia’ and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our Affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under clause 9. Other names, logos, product and service names, designs and slogans on this Site are the trade marks of their respective owners and are used by us under licence.

17. Content Standards

The content standards in this clause 17 apply to any and all User Contributions and use of social media features.

User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.

You warrant that your User Contributions will not:

(a) Contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

(b) Contain or promote sexual or pornographic material, violence, or discrimination based on race, ethnicity, sex, gender, religion, nationality, disability, sexual orientation or age.

(c) Infringe any patent, trademark, design, copyright or other intellectual property or other rights of any other person.

(d) Publish any trade secret or other confidential information, or other intellectual property or other rights of any other person.

(e) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil, regulatory or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms and our Privacy Policy, a copy of which can be obtained via the Site.

(f) Be likely to mislead or to deceive any person.

(g) Promote any illegal activity, or advocate, promote or assist any unlawful act.

(h) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

(i) Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us.

(j) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

(k) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the content standards in this clause 17.

You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement or regulatory authorities, and we may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

18. Liability

18.1. Limitation of liability

We will not (nor will our Affiliates or their licensors, service providers,employees, agents, officers or directors) be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites or any services or items obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of opportunity, damage to reputation, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause 18 affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the
Australian Consumer Law as well as any other applicable law.

18.2. Exclusion of implied terms 

All terms, conditions, guarantees and warranties which might apply to, arise out of, or be implied into, these Terms or the transactions that they contemplate are excluded to the extent permitted by law.

18.3. Remedies

If we are liable for a breach of a term, condition, guarantee and warranty which by law cannot lawfully be excluded or modified by contract (including those under the Competition and Consumer Act 2010 (Cth), the Fair Trading Act 2010 (WA) and any other applicable equivalent legislation), our liability to you is, to the extent permitted by law, limited to any one or more of the following, at our discretion:

(a) if the breach relates to goods, replacement or repayment of the goods, supplying equivalent goods, or paying the costs of replacing, repairing, procuring or hiring equivalent goods; or

(b) if the breach relates to services, repair or reperforming the services, supplying equivalent services, or paying the costs of repairing, reperforming or procuring equivalent services.

18.4. Indemnity

You agree to defend, indemnify and hold us, our Affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to your User Contributions, your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorised in these Terms.

18.5. Other terms

Different limitations and exclusions of liability may apply to liability arising as a result of the supply of any goods or services to you, which will be set out in our Terms of Trade, a copy of which can be obtained via the Site.

19. Cyber Security

We do not guarantee that the Site will be secure or free from bugs or viruses or any other type of malicious code or software. You are responsible for configuring your computer, digital device and other technology to access the Site. You should use your own antivirus software.

20. Linking to the Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in clause 17.

You must not establish a link in such a way as to suggest any form of association,approval or endorsement on our part where none exists.

The Site must not be framed or mirrored on any other Site, nor may you create a linkto any part of the Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on the Site other than that set out above, please contact us using the contact details set out in clause 0 of these Terms.

21. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms.You agree not to use the Site:

(a) use the Site in any way that violates any applicable federal, state, local or international law, regulation or code (including, without limitation, any laws regarding the export of data or software to and from other countries);

(b) use the Site for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

(c) use the Site to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in clause 17 of these Terms;

(d) use the Site to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

(e) use the Site to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);

(f) use the Site to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;

(g) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;

(h) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

(i) use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;

(j) use any automatic or manual process to reverse engineer or decompile any part of the Site;

(k) use any device, software or routine that interferes with the proper working of the Site;

(l) introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;

(m) attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;

(n) attack the Site via a denial-of-service attack or a distributed denial-of service attack; or

(o) otherwise attempt to interfere with the proper working of the Site. We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

22. Online Purchases

All purchases of goods or services through the Site or other transactions for the sale of goods or services formed through the Site or as a result of visits made by you are governed by our Terms of Trade (obtained via the Site), which are incorporated into these Terms.

23. Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these Terms.

24. General Provisions

24.1. Governing law

These Terms, their subject matter and their formation, are governed by the laws applicable in the State of Western Australia. You agree that the courts of that State, as well as the courts of the Commonwealth of Australia, sitting in Perth, Western Australia will have exclusive jurisdiction for all matters related to these Terms and the Site.

24.2. Severability

If any provision of these Terms is invalid, illegal or unenforceable, that provision must be severed from and ignored in the interpretation of these Terms to the minimum extent necessary and to the intent that the remaining provisions remain in full force and effect.

If a provision is severed due to it being unenforceable against you (including due to your age or lack of legal capacity) but is or may be enforceable against other persons, that provision will be severed in respect of you and will remain in full force in respect of those other persons.

24.3. Assignment

You must obtain our prior written consent before you assign, transfer, licence or otherwise dispose of a right or obligation under these Terms, and any purported assignment, transfer, licence or other disposal contrary to this clause is void.

We assign or novate any rights or obligations to a third party by giving you written notice to that effect. Your consent is not required for such assignment or novation.

24.4. Notices and communications

We may provide communications (including notices, consents, approvals, requests, demands and tax invoices) to you using internal messaging or communication function through the Site, or by pre-paid post, email or hand delivery using the contact information (including SMS) that you provide to us from time to time.

You must provide communications (including notices, consents, approvals, requests and demands) to us using the contact details in clause 0 of these Terms.

Each communication:

(a) must be in the English language;

(b) if sent:

(i) through any internal messaging or communication function through the Site, is taken to be received immediately;

(ii) by email, is taken to be received at the time it is delivered to the recipient party’s host server;

(iii) by post to a party in the same country as the sender, is taken to be delivered on the 3rd business day after posting; and

(iv) by post to a party in a different country as the sender, is taken to be delivered on the 7th business day after posting.

Notwithstanding the above, if a communication is taken to be received on a day that is not a business day or after 5.00pm in the place where the communication is received, it will be taken to be received at 9.00am on the next business day.

25. Interpretation

In these Terms, headings are for convenience only and do not affect interpretation,and unless the context otherwise requires:

(a) a reference to a “party” or to “parties” is a reference to you, to us or to both, as the context requires;

(b) a reference to “you” or “your” is a reference to a user of the Site;

(c) if a word or phrase is defined, then its other grammatical forms have a corresponding meaning;

(d) the singular includes the plural, and vice versa;

(e) a reference to a gender includes any gender;

(f) a reference to an inanimate thing includes a living thing, and vice versa;

(g) the word “including” and similar words are not words of limitation;

(h) a reference to a statute includes its subordinate legislation, proclamations, ordinances and a modification, replacement or re-enactment of the same;

(i) a reference to person, includes a reference to:

(i) an individual, a body corporate, a trust, a partnership, a joint venture an unincorporated body or other entity, whether or not it is a separate legal entity; and

(ii) the person’s personal representatives, successors and assigns (as applicable);

(j) a term, condition or warranty in favour of or on the part of two or more people, benefits or binds them jointly and severally;

(k) a reference to time is to the time in Perth, Western Australia;

(l) a reference to a “business day” is a reference to a day other than a Saturday, Sunday or public holiday in Western Australia;

(m) if the date on which an act, matter or thing must be done or take place is not a business day, then that act, matter or thing must be done or take place on the next business day;

(n) if a period of time runs from a given date, act or event, then the time is calculated exclusive of the date, act or event;

(o) a clause must not be construed adversely to a party solely on the ground that the party was responsible for the preparing these Terms or that clause;

(p) a reference to “writing” or “written” includes any electronic transmission or communication by facsimile; and

(q) a reference to a right includes a benefit, remedy, discretion or power.

 

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Terms Of Trade

Jalbi Australia

1. Introduction

These Terms of Trade (Terms) have been prepared by Antecedent Australia Pty Ltd trading as Jalbi Australia (Australian Business Number 27 648 616 335) (we, us and our) of Suite 3, 810 North Lake Road, Cockburn Central, Western Australia, Australia 6164. To contact us, please email us at welcome@jalbiaustralia.com.au.

2. Application of Terms

2.1. These Terms apply to the order by you and supply of products or goods (Goods) by us to you (Contract), to the exclusion of any other terms put forward by you.

2.2. All other terms which would otherwise be implied by trade, custom, practice or course of dealing into the Contract are excluded to the maximum extent permitted by law.

2.3. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

3. Ordering

3.1. Orders for Goods (Order) must be placed through the Jalbi Australia (Site) using the onscreen prompts. We may also accept purchase orders provided to us by email, at our discretion.

3.2. Each Order is an offer by you to buy the Goods specified in the Order, on and subject to these Terms.

3.3. The Order processthrough the Site allows you to check and amend any errors before submitting your Order to us. Please check the Order carefully before confirming it.

3.4. You are responsible for ensuring that your Order and any specification submitted by you is complete and accurate.

3.5. After you place your Order, you will receive an email from us acknowledging that we have received it (Order Confirmation), but please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 3.6.

3.6. Our acceptance of your Order takes place when we dispatch the Good(s) to you and send you an e-mail confirming that we have dispatched the Good(s) to you (Dispatch Confirmation) at which point and on which date (Commencement Date) the Contract between you and us will come into existence.

3.7. If your Order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package and each will conclude a separate Contract between you and us for the Good(s) specified in that Dispatch Confirmation.

3.8. If we are unable to supply you with the Goods requested in your Order for any reason, we will inform you of this by email and we will not process your Order. If you have already paid for the Goods, we will refund you the full amount.

4. Cancellation and Refunds

4.1. You may cancel the Contract and receive a refund if you notify us in accordance with clause 4.2 within 3 business days of the date of the Order Confirmation. However, you cannot cancel the Contract once we have delivered/dispatched the Goods to you, even if the 3 business days period is still running.

4.2. To cancel the Contract, an email to customer service must be received. We will email you to confirm we have received your cancellation. Your cancellation is effective from the date we receive this email.

4.3. If you cancel the Contract, we will pay any refund by the method you used for payment. We may deduct from any refund an amount for any Goods supplied up to the time when you give notice of cancellation in accordance with clause 4.2.

5. Supply of Goods

5.1. Any descriptions, photographs or illustrations of the Goods on the Site are published for the sole purpose of giving an approximate idea of the Goods described in them.

5.2. We will supply the Goods to you in accordance with the specification for the Goods appearing on the Site at the date of your Order in all material respects.

5.3. We warrant to you that the Goods will be new (unless expressly advertised as being second hand), free from material defects, and of merchantable quality. We also warrant that we have the right to sell and transfer title in the Goods to you.

5.4. We will use all reasonable endeavours to arrange delivery of the Goods to you at the delivery location requested by you in your Order (Delivery Location). We may engage third party couriers to effect delivery of the Goods. We will use all reasonable endeavours to meet any delivery dates specified in the Order Confirmation, but any such dates are estimates only and we do not give any assurance that they will be met. Failure to deliver the Goods by such dates will not give you the right to terminate the Contract or make any claim for loss, damages or costs.

5.5. You must ensure that you are able to take delivery of Goods at the Delivery Location without undue delay and at any time reasonably specified by us. Our couriers may contact you via SMS prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the Delivery Location, or have delivery re-routed to a collection point. Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.

5.6. In any event, you authorise us and our couriers to leave Goods at the Delivery Location. If the courier deems the Delivery Location unsafe in their discretion, the Goods will be redirected to a collection point, redelivered in the next delivery run (where available) or returned back to us. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Goods to you) accept delivery or collect the Goods from the courier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

(a) charge you for our reasonable storage fees and other costs reasonably incurred by us; or

(b) no longer make the Goods available for delivery or collection, and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us (subject to clause 4), less our reasonable administration charges (including for attempting to deliver and then returning the Goods, and any storage fees and other costs).

5.7. It may not be possible for us to deliver to some locations. If we are unable to deliver to the Delivery Location which you nominate, we will inform you on Site, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

5.8. All risk in Goods passes to you upon delivery. If delivery is delayed, risk passes at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the Goods.

5.9. Ownership and title in Goods remains with us until the later of the time that risk in those Goods passes under clause 5.8, and at the time payment for those Goods is received by us in full.

5.10. We are not required to supply any Goods if and for so long as you are in breach of your obligations under the Contract. In such case, we will not be responsible for any losses, damages or costs you sustain or incur arising directly or indirectly from our failure or delay in supplying the Goods. Further, it will be your responsibility to reimburse us on written demand for any losses, damages or costs we sustain or incur arising directly or indirectly from your breach.

6. Returns

You may return most new, unopened items sold and fulfilled by us subject to and in accordance with our Returns Policy.

7. Your Obligations

It is your responsibility to ensure that:

(a) the terms of your Order are complete and accurate;

(b) you cooperate with us in all matters relating to the Goods and/or Services;

(c) you provide us with such information and materials we may reasonably require in order to supply the Goods and/or Services, and ensure that such information is complete and accurate in all material respects;

(d) you obtain and maintain all necessary licences, permissions and consents which may be required for the Goods and/or Services before the date on which the Goods and/or Services are to be provided;

(e) you comply with all applicable laws, including health and safety laws

8. Prices and Fees

8.1. In consideration of us agreeing to supply Goods, you must pay the applicable prices or fees for the same (Charges), calculated in accordance with this clause 8.

8.2. The Charges for Goods are the prices for those Goods quoted on the Site at the time you submit your Order. The Charges for Services are the fees for those Services quoted on the Site at the time you submit your Order.

8.3. Our Charges are inclusive of goods and services tax (GST), unless expressly stated otherwise.

8.4. You will be responsible for the cost of delivering Goods to you, including insurance costs. We may include delivery costs in our Charges, in addition to the price of the Goods.

9. Payment

9.1. You must pay our Charges for Goods and Services in advance. Our obligation to supply the Goods or Services will be conditional upon receipt of such Charges.

9.2. You can pay our Charges using a debt card or credit card. We accept Visa and MasterCard. You may also make payment of our Charges by direct debit.

9.3. Your debt card, credit card or nominated bank account will be charged when your Order is accepted by us.

9.4. We will send you an electronic tax invoice within 5 business days of payment being received.

9.5. For any any failed, dishonoured or cancelled payments, we may charge you an administration fee of up to $20.

10. Intellectual Property Rights

10.1. All intellectual property rights in or arising out of or in connection with the Goods, the Services or both (other than intellectual property rights in any materials provided by you) will be owned by us.

10.2. You agree to grant us a non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of supplying the Goods and/or the Services to you.

11. Privacy

11.1. We will use any personal information you provide to us to:

(a) supply the Goods;

(b) process your payment for Goods; and

(c) inform you about similar products or services that we provide, but you may stop receiving this information at any time by contacting us.

11.2. Further details of how we may collect, hold, handle, use, disclose, process, transfer, access, destroy and otherwise deal with personal information are set out in our Privacy Policy, a copy of which may be obtained via the Site.

12. Limitation of Liability

12.1. Nothing in the Contract limits or excludes our liability:

(a) for death or personal injury caused by its negligence or wilful misconduct or that of its employees, as applicable;

(b) for fraud or fraudulent misrepresentation by us; or

(c) where liability cannot be limited or excluded by applicable law.

12.2. Subject to clause 12.1, we will not be liable to you, whether in contract, tort (including negligence), statute, or otherwise, for any special, indirect or consequential loss arising under or in connection with the Contract, including any loss of profits, loss of sales or business, loss of production, loss of agreements or contracts, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill, damage to reputation, or loss of use or corruption of software, data or information.

12.3. Subject to clause 12.2, our maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with the Contract, including any breach by us of the Contract however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the amount of $10,000.

12.4. Nothing in the Contract is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services (Consumer Guarantee).

12.5. If we are liable to you in relation to a failure to comply with a Consumer Guarantee that cannot be excluded by contract, our total liability to you for that failure is limited to, at our option:

(a) if the failure relates to goods, replacement or repaid of the goods, supplying equivalent goods, or paying the costs of replacing, repairing, procuring or hiring equivalent goods; or

(b) if the failure relates to services, repair or reperforming the services, supplying equivalent services, or paying the costs of repairing, reperforming or procuring equivalent services.

12.6. Without limiting this clause 12, for the purpose of section 102(1) of the ACL, we provide the following warranty where you are a “consumer” under the ACL: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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.

12.7. Nothing in the Contract limits or affects the exclusions and limitations set out in our Website Terms of Use which can be found on the Site.

12.8. This clause 12 will survive termination of the Contract.

13. Termination

13.1. Without affecting any of our other rights, we may suspend the supply of Goods, or terminate the Contract with immediate effect by giving written notice to that effect.Termination of the Contract does not give you any right to claim for loss, damages or costs in relation to the same.

13.2. Termination of the Contract does not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages for any breach of the Contract that existed at or before the date of termination.

13.3. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

14. Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control, including:

(a) act of God, unusually severe weather (including a cyclone/hurricane), earthquake, fire, subsidence, land slide, mud slide, wash-out, explosion, radioactive contamination or natural disaster;

(b) terrorism, insurrection, revolution or civil disorder, act of public enemies, malicious damage, sabotage, vandalism, war (whether declared or undeclared) or a military operation, blockade or riot;

(c) any failure, delay or suspension by any third party supplier of the supply in whole or in part of electricity, equipment, internet service, telecommunications services or materials to us;

(d) adverse application of any law or enforcement actions of any court or governmental agency; or

(e) industrial dispute of any kind, strike, lock-out, ban, limitation or other industrial disturbances.

15. General Provisions

15.1. Governing law

These Terms, their subject matter and their formation, are governed by the laws applicable in the State of Western Australia. You agree that the courts of that State, as well as the courts of the Commonwealth of Australia, sitting in Perth, Western Australia will have exclusive jurisdiction for all matters related to these Terms and the Site.

15.2. Variation

We reserve the right to review and amend these Terms at any time at our absolute discretion. We will notify you of any amendment to these Terms and such amendment will only apply to any future Orders.

15.3. Severability

(a) If any provision of these Terms is invalid, illegal or unenforceable, that provision must be severed from and ignored in the interpretation of these Terms to the minimum extent necessary and to the intent that the remaining provisions remain in full force and effect.

(b) If a provision is severed due to it being unenforceable against you (including due to your age or lack of legal capacity) but is or may be enforceable against other persons, that provision will be severed in respect of you and will remain in full force in respect of those other persons.

15.4. Assignment

(a) You must obtain our prior written consent before you assign, transfer, licence or otherwise dispose of a right or obligation under these Terms, and any purported assignment, transfer, licence or other disposal contrary to this clause is void.

(b) We assign or novate any rights or obligations to a third party by giving you written notice to that effect. Your consent is not required for such assignment or novation.

15.5. Notices and communications

(a) We may provide communications (including notices, consents, approvals, requests, demands and tax invoices) to you using internal messaging or communication function through the Site, or by pre-paid post, email or hand delivery using the contact information (including SMS) that you provide to us from time to time.

(b) You must provide communications (including notices, consents, approvals, requests and demands) to us using the contact details in clause 1 of these Terms.

(c) Each communication:

(i) must be in the English language;

(ii) if sent through any internal messaging or communication function through the Site, is taken to be received immediately;

(iii) if sent by email, is taken to be received at the time it is delivered to the recipient party’s host server;

(iv) if sent by post to a party in the same country as the sender, is taken to be delivered on the 3rd business day after posting; and

(v) if sent by post to a party in a different country as the sender, is taken to be delivered on the 7th business day after posting.

(d) Notwithstanding the above, if a communication is taken to be received on a day that is not a business day or after 5.00pm in the place where the communication is received, it will be taken to be received at 9.00am on the next business day.

16. Entire agreement

To the extent permitted by law, in relation to its subject matter, these Terms:

(a) embody the entire understanding between, by or of the parties, and constitutes the entire terms agreed between, by or of the parties; and

(b) supersede any prior written or other agreement, deed or document made between, by or of the parties.

17. Interpretation

In these Terms, headings are for convenience only and do not affect interpretation, and unless the context otherwise requires:

(a) a reference to a “party” or to “parties” is a reference to you, to us or to both, as the context requires;

(b) a reference to “you” or “your” is a reference to a user of the Site, including a Member;

(c) if a word or phrase is defined, then its other grammatical forms have a corresponding meaning;

(d) the singular includes the plural, and vice versa;

(e) a reference to a gender includes any gender;

(f) a reference to an inanimate thing includes a living thing, and vice versa;

(g) the word “including” and similar words are not words of limitation;

(h) a reference to a statute includes its subordinate legislation, proclamations, ordinances and a modification, replacement or re-enactment of the same;

(i) a reference to person, includes a reference to:

(i) an individual, a body corporate, a trust, a partnership, a joint venture an unincorporated body or other entity, whether or not it is a separate legal entity; and

(ii) the person’s personal representatives, successors and assigns (as applicable);

(j) a term, condition or warranty in favour of or on the part of two or more people, benefits or binds them jointly and severally;

(k) a reference to currency is to Australian dollars;

(l) a reference to time is to the time in Perth, Western Australia;

(m) a reference to a “business day” is a reference to a day other than a Saturday, Sunday or public holiday in Western Australia;

(n) if the date on which an act, matter or thing must be done or take place is not a business day, then that act, matter or thing must be done or take place on the next business day;

(o) if a period of time runs from a given date, act or event, then the time is calculated exclusive of the date, act or event;

(p) a clause must not be construed adversely to a party solely on the ground that the party was responsible for the preparing these Terms or that clause;

(q) a reference to “writing” or “written” includes any electronic transmission or communication by facsimile; and

(r) a reference to a right includes a benefit, remedy, discretion or power.

18. Version

These Terms were most recently updated on 19 May 2023.