Terms & Conditions
By using the Website, You agree to be bound by, and comply
with, these Terms and Conditions which form a legally binding contract between
You and Richmond Fruit Market ABN: 73109739773 ("Us" or "We" or "Our"). If You
do not accept these Terms and Conditions, You must cease using the Website
immediately.
1. DEFINITIONS
In these Terms and Conditions, unless a contrary intention
appears:
"Agreement" means these Terms and Conditions and all materials
referred to or linked to in these Terms and Conditions including, but not
limited to, the Privacy Policy and the Returns Policy;
"Business Day" means a day that is not a Saturday, Sunday or public holiday in
New South Wales;
"Contact Hours" means Monday to Friday 9:00am to 5:30pm, Saturday
and Sunday 9:00am to 3.30pm Australian Eastern Daylight Time;
"Contract of Sale" means a contract between You and Us for
the sale of a Product;
"Delivery Address" means the address to which the Products
are to be delivered as stated in each Order;
"Richmond Fruit Market" means Richmond Fruit Market ABN:
73109739773
"Deli Products" means speciality food Products and fine food
Products;
"Delivery Agent" means any third party delivery or shipping
company nominated by Us;
"Delivery Fee" means the fee charged by Us, or a Delivery
Agent, for the delivery of Your Products as provided to You at the time of
placing Your Order;
"Delivery or Collection Window" means the time for the
delivery or collection of Your Products as selected by You at the time of
placing Your Order;
"GST" means goods and services tax as defined in the A New
Tax System (Goods and Services Tax) Act 1999;
"Listed Sale Price" means the price at which a Product is
listed for sale in a Listing;
"Listing" means a listing on the Website through which We
offer to sell a Product to You;
"Order" means an offer by You to Us to purchase a Product at
the Listed Sale Price;
"Party" means Us and / or You as the context requires;
"Personal Information" means information or an opinion about
an individual as defined in section 6 of the Privacy Act 1988 (Cth) which is
collected, used, disclosed, stored or handled by Us for the purposes of the
Agreement;
"Privacy Policy" means Our privacy policy available on the
Website;
"Product" or "Products" means any produce, goods, products
or items listed by Us for sale to a customer on the Website;
"Returns Policy" means Our returns policy available on the
Website;
"Terms and Conditions" means these terms and conditions of
use of the Website;
"Website" means the internet site owned by Us and operating
under the URL www.richmondfrutimarket.com.au and:
"You" and "Your" are a reference to you, the customer.
2. CAPACITY
If You are under 18 years of age, then You must obtain Your
parent or guardian’s consent before using the Website or placing an Order.
3. REGISTRATION
3.1. In order to place an Order, You will first be required
to create an account by following the instructions on the Website ("Account").
3.2. Your username will be the email address You provide
when creating an Account ("Username"). You can only have one Account per email
address. Your Username must not be one that in Our opinion is inappropriate or
offensive and must not infringe upon the rights of any third party. We can
require You to immediately change Your Username if We think it is inappropriate
for use in relation to the Website.
3.3. If You choose to use an email address supplied to You
by an employer, then You are solely responsible for ensuring that You comply with
the rules, policies or protocols that apply to the use of that email address.
3.4. Your Account is non-transferable. You must keep Your
Account details safe and must not disclose them to any third party. The Account
may be used only by the individual who created it and not by anyone else. We
reserve the right to terminate Your Account if We have reason to believe that
Your Account details are being used by anyone other than You.
3.5. You shall be liable for all activities that are
undertaken using Your Account together with the associated password and shall
compensate Us for any and all losses We may suffer as a result of any failure
by You to keep Your Username and password strictly secure at all times.
4. PLACING AN ORDER
4.1. You may order Products by selecting and submitting Your
Order through the Website in accordance with these Terms and Conditions.
4.2. An Order submitted by You is an offer by You to
purchase a Product for the Listed Sale Price (plus any Delivery Fee and any
other charges and taxes detailed in these Terms and Conditions or on the
Website).
4.3. We may ask You to provide additional information or
require You to confirm Your details to enable Us to process any Orders.
4.4. You agree to provide in each Order complete and
accurate information as to Your personal details to enable the processing and
delivery of Your Order. This information will also be used by the Delivery
Agent to fulfil delivery of Your Order. We will not be liable to You for Your
loss or that of any third party for a delay in processing or failure to process
an Order or delay in delivery of a Product to You to the extent to which that
delay or failure is directly or indirectly due to inaccurate or incomplete
personal details provided by You with respect to an Order.
4.5. If You place an Order for delivery to someone other
than yourself ("Nominated Recipient") each reference in clause 4.4 to "Your
personal details" is to be read as a reference to the personal details of the
Nominated Recipient.
4.6. You agree to obtain the consent, from any Nominated
Recipient of a Product, to the provision to Us of Personal Information
belonging to Your Nominated Recipient of Products.
5. PICTURES AND IMAGES
You acknowledge and agree that:
a) All pictures and images of Products displayed on the
Website are for illustration purposes only, and the sizes, dimensions and
appearance of the actual Products may be different; and
b) You have read any corresponding written description of
the Products prior to submitting Your Order.
6. PRICE ESTIMATION
6.1. You agree that listed weights (if any) for Product
items are estimates based on the average weight of Products. The weight
estimate displayed in a Listing may vary from the actual weight at the time the
Order is completed.
6.2. Weight variation occurs due to seasonal variations in
the size, or volume, of fresh produce which cannot be accounted for on a daily
basis.
6.3. Due to variations in weight of items of fresh produce,
a variation between the estimated price and the actual price can occur. In these
instances, the purchase price of the Product ordered may be rounded up, or
down, at the time the order is picked and packed, to account for the actual
weight of the Product.
6.4. Whilst a rounding up or down may occur, the actual per
kilogram price of a Product will be no greater than the price per kilogram
quoted in a Listing.
7. ACCEPTANCE OR REJECTION OF AN ORDER
7.1. We reserve the right to accept or reject Your Order for
any reason, including if the requested Product is not available, if there is an
error in the Listed Sale Price or in the Product description posted on the
Website or an error in Your Order.
7.2. Each Order that We accept results in a separate
Contract of Sale. For each Order accepted by Us, We will supply the Products to
You in accordance with these Terms and Conditions.
7.3. If We reject an Order, or part thereof, We will attempt
to notify You of that rejection at the time You place the Order or within a
reasonable time after You submit Your Order.
8. MINIMUM PURCHASE AMOUNT
The minimum purchase amount for each Order is $30.00
excluding the Delivery Fee (if applicable).
9. DELIVERY OF PRODUCTS
9.1. Delivery is limited to the defined delivery area, as
identified and acknowledged by You on the Website prior to completing an Order.
If You live outside of the defined delivery area, You may opt to order online
and pick up in store.
9.2. An estimated delivery time frame will be provided at
the time You place the Order. We will endeavour to deliver within that delivery
time frame, as close to Your preferred time as possible. Delays can occur and
in those cases no refund applies. If You cancel an order due to late delivery,
full charges for the Produce will apply, in addition to the restocking fee.
9.3. We will deliver the Products to the front door at the
Delivery Address. If You ask Us to deliver inside a premise or building at the
Delivery Address and We agree to do so, then You are responsible for all loss
or damage suffered by Us in connection with our delivery of the Products beyond
the front door of the Delivery Address.
9.4. You agree to comply with certain delivery requirements
specified below and such other requirements that We notify to You when You
place Your Order.
9.5. It is standard practice to deliver the Order to the
door and if no one is home, to leave the Order unattended at the door. For
standard unattended deliveries, We recommend You leave a cooler bag at the
door, with sufficient shade and cooling blocks supplied to keep the Produce
fresh and cool.
9.6. If You specify that an Order must be attended on
delivery, We will require the person accepting the delivery of Your Order to
provide Us with proof of that person’s identity (including photographic
identification) and, where relevant, age. If the Order has been paid by credit
card, then We may also ask You to show Us the credit card for Us to conduct Our
verification checks.
9.7. If You specify that You are required to be present at
the time of delivery and You are not present at that time, then:
a) We will not deliver the Products You have ordered; and
b) We may charge You a restocking fee of up to $30.00 and the charges for any
perishable Products in Your Order; and
c) We will attempt to contact You or You may contact Us to arrange for delivery
at a different time, and We may charge You an additional Delivery Fee for that
replacement delivery (plus the cost of any replacement Products).
9.8. You acknowledge and agree that any person at the
Delivery Address who receives the Products is authorised by You to receive Your
Order and, where relevant, make payment for that Order.
9.9. You acknowledge that We may record the details of any
identification provided in relation to delivery of Products.
10. BUY ONLINE PICK UP IN STORE ORDERS
10.1. An estimated collection time will be displayed at the
time Your Order is placed.
10.2. You agree to comply with the following collection
requirements and such other requirements that We notify to You when You place
Your Order:
a) You must collect Your Order from the store when You place
a pickup in-store Order;
b) Photographic identification and a signature must be
provided if requested when You collect Your Order; and
c) The card used for payment may be required to be shown
when You collect Your Order.
10.3 If You will not be the person collecting Your Order
then Your representative must provide Us with proof of their identity
(including photographic identification) and, where relevant, age, and the card
used for payment.
10.4 If You do not supply the appropriate identification
requested:
a) We will not allow collection of the Products You have
ordered; and
b) We may charge You a restocking fee of [$30.00] and the charges for any
perishable Products in Your Order.
10.5 If You do not collect Your Order within the booked
collection window then We may charge You a restocking fee of [$30.00] and the
charges for any perishable Products in Your Order. In this instance, We will
attempt to contact You or You may contact Us to arrange for collection at a
different time, and We may charge You an additional fee for that replacement
Order.
10.6 You acknowledge that We may record the details of any
identification provided in relation to collection of Products.
11. FRAUD AND RISK ASSESSMENT
We have processes in place to assist in detecting
transactions that may be illegal or in breach of these Terms and Conditions. We
may contact You by telephone or email to confirm Your payment and information
details. If We are unable to confirm these details, We may cancel Your Order.
If You are unsure whether the person contacting You is authorised, please
contact Richmond Fruit Market on (02) 4578 4200 or contact the store via our
contact us form. Get in touch
12. RISK AND TITLE
Any risk associated with the Products passes to You on the
date and time of delivery to the door of the Delivery Address (or for in-store
pickup, at the time of collection). Title to the Products passes to You on the
later of the date and time:
a) That full payment is made for those Products;
b) Of delivery of those Products to the Delivery Address; and
c) For in-store pick up Orders only, of collection of those
Products from the store.
13. CANCELLING AN ORDER
13.1. We may cancel an Order (including an Order that has
been accepted by Us) without any liability to You for that cancellation at any
time if:
a) The requested Products in that Order are not available;
or
b) There is an error in the Listed Sale Price or the Product
description posted on the Website in relation to a Product in that Order; or
c) the Order has been placed by You in breach of these Terms
and Conditions.
13.2. If We cancel an Order in accordance with:
a) Clause 13.1(a) or 3.1(b), We will provide You with
reasonable notice of that cancellation, and will not charge You for the
cancelled Order. If any payment has been made for the cancelled Order, then the
full payment amount, including any Delivery Fee and other fees and charges,
will be refunded to the account from which Your payment was made ("Bank
Account");
b) Clause 13.1(c), We will provide You with reasonable
notice of that cancellation. If Your Order is cancelled before the day of
delivery or collection, then the full payment amount, including any Delivery
Fee and other fees and charges, will be refunded to Your Bank Account. If Your
Order is cancelled on the day of delivery or collection, provided We are not
also in breach of these Terms and Conditions, then We may charge You a
cancellation fee of the lesser of $30 or the value of the payments made, in
addition to the charges for any perishable Products that were ordered. If any payment
has been made in excess of $30 plus the charges for any perishable Products
that were ordered, We will refund that excess amount to Your Bank Account.
13.3. You may cancel an Order:
a) Through the Website up to 2 hours before the Delivery or
Collection Window closes. In this case, no fees or charges will apply to that
cancellation; or
b) In all other circumstances, by contacting Us on (02) 4578
4200 during Contact Hours. In this instance, if You cancel an Order that has
been accepted by Us:
i. Before the day of delivery or collection, then no fees or
charges will apply to that cancellation; and
ii. On the day of delivery or collection, then We may charge You a cancellation
fee of the lesser of $30.00 or the costs to Us arising from the cancellation
plus the charges for any perishable Products that were ordered.
13.4. If You cancel an Order in respect of which We have
taken payment, then the full payment amount, including any Delivery Fee and
other fees and charges other than any fee payable under clause 13.3(b)(ii),
will be refunded to Your Bank Account.
14. FEES AND CHARGES
14.1. We will charge You, and You agree to pay, the
following fees and charges in relation to an Order that We accept (as
applicable):
a) The Listed Sale Price;
b) The Delivery Fee;
c) Any credit/debit card fees;
d) The restocking fee for an Order that is cancelled as set out in clause
13.3(b)(ii); and
e) Any other fees and charges set out in these Terms and Conditions.
14.2. All fees and charges identified in these Terms and
Conditions and all prices for the Products include GST where applicable.
14.3. The Listed Sale Price for each Product is shown on the
Product list on the Website at the time You place Your Order. The Listed Sale
Price of a Product will correspond to the price for that Product in Our store
at the time that You place Your Order.
14.4. You acknowledge that the Listed Sale Price for
Products will change from time to time and We do not provide any notice of
these changes. Subject to these Terms and Conditions, once We have accepted
Your Order, We will not change any prices that apply to the Products in that
Order.
15. PAYMENT METHODS
15.1. You must pay the fees and charges online using the
online payment methods.
15.2. We accept the following payment methods:
a) Visa and Visa Debit;
b) MasterCard and MasterCard Debit;
16. PAYMENT PROCESSING
16.1. If We are unable to successfully process Your credit
card payment for Your Order, then We will attempt to notify You to obtain an
alternative payment method.
16.2. If We are unable to process a card and no alternative
payment method is supplied, We will cancel Your Order. A restocking fee of
$30.00 may be incurred.
16.3. You authorise Us to debit the amount that is payable
for an accepted Order from Your nominated credit card to pay for the fees and
charges.
16.4. You must not pay, or attempt to pay, for Products
through any fraudulent or unlawful means.
16.5. We will provide You with a receipt at time of delivery
or collection (as applicable) which specifies the total fees and charges for
the Products in the Order and the out of stock Products including the dollar
value refunded to Your Bank Account.
17. SUBSTITUTION OR MISSING PRODUCTS IN DELIVERY
17.1. You acknowledge that a Product that You Order may be
out of stock or temporarily unavailable. If this occurs, We will not be able to
provide You with that Product.
17.2. Subject to clause 17.3, if You select a substitute
option for some or all of Your Products in an Order ("Substitute Option"), then
We will attempt to provide You with a substitute Product ("Substitute
Product"):
a) When the Product You have selected is not available; or
b) If We are not able to supply to You the Product that You have selected.
17.3. We may provide You with a Substitute Option for most
Products. However, We may not provide a Substitute Option for Deli Products.
17.4. We (subject to clause 17.6) reserve the right not to
provide You with a Substitute Option even if a suitable Substitute Product is
available.
17.5. We aim to select Substitute Products that are of a
similar nature, value and quality to the Product You have selected. Where the
Substitute Product is of greater value, We will only charge You the price of
the Product You have selected in Your Order rather then the price of the
Substitute Product.
17.6. If there are Product items missing from Your Order
upon delivery, then You should check the receipt that We provided to You to
determine if the missing Product is marked as "out of stock". If this is the
case, We will provide You with a refund to Your Bank Account.
17.7. In circumstances other than as described in clause
17.6, You may contact Us during Contact Hours within 24 hours after the
delivery or collection time and We will take steps to verify and confirm any
such missing Product items. Once We are reasonably satisfied that the Product
item was not delivered to You, We will provide You with a refund to Your Bank
Account within 3-5 business days (for the Products for which You were charged
but were not delivered to You).
18. RETURNS
18.1. The Returns Policy applies to all purchases of
Products using the Website and forms part of these Terms and Conditions.
18.2. If You wish to return a Product in accordance with Our
Returns Policy, then You may:
a) Return the Product to Our store; or
b) Contact Us by telephone to make arrangements to return that Product. In this
instance, You may return the Product to Us at the time We deliver Your next
Order. Upon confirmation from the person making the delivery that the Products
have been received We will provide a refund to Your Bank Account.
18.3. The Returns Policy applies in addition to any other
rights to which You may be entitled under the consumer guarantee provisions of
the Australian Consumer Law. Our liability to You under the Agreement is
otherwise limited as set out in clause 23 below.
19. QUALITY GUARANTEE
19.1. We offer a quality guarantee on all fresh Products. If
You are not satisfied with one of Your fresh Products, You can take the items
back to the store with Your online invoice and the store will refund the
Product item and/or replace it for You. (within 24 hours)
19.2. We do not refund any Delivery Fees or other fees (if
applicable).
20. YOUR OBLIGATIONS
You:
a) Must ensure that Your Username and password that is used
to access the Website and the details of Your Account are kept in a safe and
secure manner;
b) Must notify Us if You become aware that there is or has
been an unauthorised use of Your Username and password or Account or any other
security breach relating to Your Account;
c) Must promptly advise Us of any changes to Your
information provided to Us as part of the customer registration process;
d) Are responsible for any costs associated with Your access
to or use of the Website, including Internet access fees;
e) Are responsible and liable for any person that uses Your
Username and password to order Products through the Website;
f) Agree that We may charge You for all Products that We
agree to supply to You that have been ordered using Your Username and password
through the Website;
g) Are responsible for checking the label on each Product
before consumption or use;
h) Acknowledge that the Website will be hosted and managed
by Richmond Fruit Market pursuant to an independent agreement between Richmond
Fruit Market and Us;
i) Authorise Us to disclose Your Personal Information to Richmond
Fruit Market to the extent reasonably required in order to facilitate the
provision of its services referred to in clause 20(h) and for such other
reasonable purposes; and
j) Release Richmond Fruit Market from any action or claim
You may have against Richmond Fruit Market arising out of or in connection with
Your use of the Website or the Agreement.
21. GENERAL RESTRICTIONS
You must not:
a) Use the Website for any activities that breach any laws,
infringe a third party’s rights or are contrary to any relevant standards or
codes;
b) Use the Website in a manner or way, or post to or
transmit to or via the Website any material, which interferes with other users
or Our other customers or defames, harasses, threatens, menaces or offends any
person or which prevents any other person from using or enjoying the Website;
c) Make fraudulent or speculative enquiries, purchases or
requests through the Website;
d) Use another person’s details without their permission or
impersonate another person when using the Website;
e) Post or transmit any obscene, indecent, inflammatory or
pornographic material or any other material that may give rise to civil or
criminal proceedings;
f) Tamper with or hinder the operation of the Website;
g) Knowingly transmit any viruses, worms, defects, Trojan
horses or similar disabling or malicious code to the Website;
h) Use any robot, spider, site search and retrieval
application or other mechanism to retrieve or index any portion of the Website;
i) Modify, adapt, translate or reverse engineer any portion
of the Website;
j) Remove any copyright, trade mark or other proprietary
rights notices contained in or on the Website;
k) Reformat or frame any portion of the web pages that are
part of the Website;
l) Create Accounts by automated means or under false or
fraudulent pretences;
m) Use the Website to violate the security of any computer
or other network or engage in illegal conduct;
n) Take any action that imposes or that would, in Our
reasonable opinion, result in an unreasonable or disproportionately large load
on Our infrastructure;
o) Use the Website other than in accordance with these Terms
and Conditions; or
p) Attempt any of the above acts or engage or permit another
person to do any of the above acts.
22. WARRANTIES
You warrant that:
a) All information and data provided by You to Us through
the Website (including as part of the customer registration process) or
otherwise is true, accurate, complete and up to date;
b) The person receiving the Products at the Delivery Address
or collecting the Products on Your behalf is authorised by You to do so; and
c) You have and will comply with all relevant laws relating
to Your use of the Website and Your placement of any Order.
23. LIABILITY
23.1. Our Products come with guarantees that cannot be
excluded under the Australian Consumer Law. You may be entitled to a
replacement or refund and compensation for reasonably foreseeable loss or
damage. You are also entitled to have the Products replaced if the Products
fail to be of acceptable quality. You may also be entitled to remedies that
cannot be excluded under the Australian Consumer Law if any services supplied
by Us to you fail to meet a consumer guarantee under the Australian Consumer
Law.
23.2. Without excluding, restricting or modifying the rights
and remedies to which You may be entitled under the consumer guarantee
provisions of the Australian Consumer Law or Our liabilities under those
provisions:
a) You acknowledge that the Website is provided "as is" and
that We do not make any warranty or representation as to the suitability of the
Website or a Product for any purpose;
b) We exclude all other implied terms and warranties,
whether statutory or otherwise, relating to the Website, the Products or the
subject matter of the Agreement; and
c) We will not be liable to You for indirect and
consequential loss arising from or connected with the Agreement in contract,
tort, under any statute or otherwise (including, without limitation, for loss
of revenue, loss of profits, failure to realise expected profits or savings,
loss or corruption of data and any other commercial or economic loss of any
kind) unless such loss arises as a result of Our own negligence or wilful
misconduct.
23.3. Our liability to You for loss or damage of any kind
arising out of the 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.
24. INDEMNITY
24.1. You agree to release, indemnify and keep indemnified
Us from and against all actions, claims, costs (including legal costs and
expenses), losses, proceedings, damages, liabilities, or demands suffered or
incurred by Us arising out of or in connection with Your:
a) Failure to comply with the Agreement;
b) Failure to complete a transaction;
c) Use of the Website; or
d) Infringement of the intellectual property, privacy or
confidentiality rights of a service provider or any third party.
24.2. We cannot guarantee uninterrupted, timely, and secure
or error free access to the Website, and its operation may be interfered with
by numerous factors outside of Our control.
25. SUSPENSION AND TERMINATION
25.1. We may immediately suspend, terminate or limit Your
access to and use of the Website 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.
25.2. You may stop using the Website at any time and for any
reason.
25.3. We may stop making the Website (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.
26. PRIVACY
26.1. Privacy is very important to Us. We will only provide
Your Personal Information to related third parties such as Our service
providers (including, but not limited to, Richmond Fruit Market, credit card
providers, processors and Delivery Agents) and limited personnel within Our
organisation. We will use Your Personal Information only as described in the
Privacy Policy a. For a complete description of how We will use and protect
Your Personal Information, see the Privacy Policy. If You object to Your
Personal Information being transferred or used in this way please do not use
the Website.
27. INTELLECTUAL PROPERTY RIGHTS
27.1. You:
a) Acknowledge that the copyright in the Website, the
software, design, text and graphics comprised in the Website, the selection and
layout of the Website and the content and materials on the Website (together,
the "Materials") are owned by, or licensed to, Us;
b) Must not modify, copy, adapt, store in a retrieval
system, reproduce, upload, post, transmit, sell, distribute in any way or
communicate to the public a Material; and
c) Must not frame or embed in another website any of the
material appearing on this Website.
27.2. You may:
a) Store a reproduction of the content on this Website on
Your local computer for the sole purpose of viewing the content and Materials;
and
b) Print hard copies of the content and Materials for the
sole purpose of viewing and purchasing Products but not for any other use,
including commercial use.
27.3. This Website may contain registered trademarks and
other trademarks which are protected by law. You must not use any of the marks
or trademarks appearing on the Website or our name or the names of Our related
bodies corporate without Our prior written consent. You must not use any of the
other company, product and services marks on the Website that are owned by
other third parties (including Our suppliers) without obtaining the relevant
third party owner’s consent.
28. LINKS TO OTHER WEBSITES OR SERVICES
The Website may include links to other websites maintained
by third parties which are not under the control of Us ("Linked Sites"). We
make available Linked Sites to You solely as a convenience, and the inclusion
on the Website of links to Linked Sites does not imply endorsement by Us of the
Linked Sites. Linked Sites are not under the control of Us and We are not
responsible for the material contained on any Linked Site or the consequences
of accessing such sites. You access Linked Sites at Your own risk and by
accessing them You leave the Website.
29. AUTHORITY
You warrant that where You have placed an Order on behalf of
another person or entity, You have the authority to agree to these Terms and
Conditions on behalf of that person or entity and agree that by placing an
Order You bind the person or entity on whose behalf You act to the performance
of any and all obligations that You become subject to by virtue of these Terms
and Conditions, without limiting Your own personal obligations under these
Terms and Conditions.
30. ENTIRE AGREEMENT
The Agreement supersedes and extinguishes all prior
agreements, representations (whether oral or written), and understandings and
constitutes the entire agreement between You and Us relating to the Website and
any other matter dealt with in the Agreement.
31. WAIVER
If We waive any breach of the Agreement by You, this will not
constitute a waiver of any other breach. No waiver will be effective unless
made in writing.
32. ALTERATION OF TERMS AND CONDITIONS
We reserve the right to change these Terms and Conditions by
publishing them on the Website:
a) Without giving You notice; and
b) Without giving You any explanation or justification for such change.
33. GOVERNING LAW AND JURISDICTION
The Agreement is governed by the laws of New South Wales,
without giving effect to any principles of conflicts of laws. You agree to the jurisdiction
of the courts of New South Wales to determine any dispute arising out of the
Agreement.
34. SEVERABILITY
If any part of the Agreement is found to be void, unlawful,
or unenforceable then that part will be deemed to be severed without affecting
the validity and enforceability of the remaining provisions.
35. NOTICES
35.1. You acknowledge and agree that any notice given under
the Agreement by either Party to the other must be in writing by email and will
be deemed to have been given on transmission.
35.2. Notices to Us must be sent to our contact us form or
to any other email address notified by email to You by Us. Notices to You will
be sent to the email address which You provided when placing an Order.