PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Shop Australia’s relationship with you in relation to your use of this website.
By continuing the use of our website, you signify your acceptance of these terms and conditions of use.
AMENDMENT OF TERMS
Please check the terms and conditions page regularly to be updated with any changes, as we reserve the right to change, modify, add or remove portions of these terms at any time.
We make sure to update and inform of any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and ShopAustralia.com.au rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential precondition to you using our website that you agree and accept that ShopAustralia.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
DISCLAIMER
ShopAustralia respects the law, as well as your personal wellbeing. For this reason, we have expressly or implicitly disclaimed all warranties relating to the merchantability and salability of our products and services. We cannot, however, guarantee or provide a warranty stating that all documents, goods or services provided are free from any errors or that any errors will be corrected upon detection. We also cannot guarantee that our website will be safe from viruses or other issues that prove harmful to you, the user.
We work hard to ensure that our content is up to date and represents our business as accurately as possible. However, we cannot guarantee that this policy is accurate and relevant. It is your responsibility as the user to accept liability for any issues that may arise from the use of our website or any content and products that we provide.
Sometimes, if the product went out of stock at the last moment, the order is placed as a back order and you will be informed the same. Please keep your back order only if you are able to wait until the stock arrives.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), ShopAustralia.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
LINKS TO OTHER WEBSITES
ShopAustralia.com.au may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not imply sponsorship, endorsement, or approval or arrangement between ShopAustralia.com.au and the owners of those websites. And ShopAustralia.com.au takes no responsibility for any of the content found on the linked websites. ShopAustralia.com.au’s website may contain information provided by third parties for which ShopAustralia.com.au accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
THIRD PARTIES
ShopAustralia.com.au does not and will not sell or deal in personal or customer information. However, we may use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
ShopAustralia.com.au may be required, in certain circumstances, to disclose information in good faith and where ShopAustralia.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of ShopAustralia.com.au, its customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of ShopAustralia.com.au. ShopAustralia.com.au expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then ShopAustralia.com.au will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. ShopAustralia.com.au reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
ShopAustralia.com.au expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and ShopAustralia.com.au concerning your use and access to ShopAustralia’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
IMPORT DUTY
If you order products from our site that may be subject to restrictions, quarantine, import duties or taxes which are levied when the delivery reaches the specified destination, you will be responsible for payment of any such testing, quarantine or import fees, duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
JURISDICTION
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and ShopAustralia.com.au that results in litigation then you must submit to the jurisdiction of the courts of NSW.