TERMS AND CONDITIONS
TERMS AND CONDITIONS
These are the terms and conditions by which we will agree to supply any of the products listed on our website.
By entering the website located at www.finallyfound.com.au and by purchasing products from Finally Found through the website, you accept the terms and conditions set out below (Terms) without modification and agree to be bound by the Terms. If you do not wish to abide by the Terms, you should not purchase products from this website.
If you have any queries regarding these Terms, you may contact firstname.lastname@example.org
We reserve the right to modify the Terms in our absolute discretion from time to time without individual notice to you. It is up to the customer, to check on a regular basis any modifications we have made to these Terms. You will be deemed to have accepted any modifications if you continue to purchase products from the website after the Terms have been posted.
TERMS AND CONDITIONS RELATING TO SALES OF PRODUCTS
PURCHASER LEGAL AGE
You must be over 18 years of age to place an order through the website. If you are under the age of 18, you may only make purchases with the consent or involvement of a parent or guardian.
These terms apply to all orders made pursuant to the website. They supersede any other terms stipulated by you, whether in any order or during negotiations or any course of dealing established between you and us.
All descriptions, illustrations and indications or prices of products provided on this website or otherwise communicated to you are for guidance only and intended to present a general idea of the products. Nothing contained in any such description, illustration or price shall form part of these Terms.
No other terms or changes to these Terms shall be binding on us unless agreed to in writing and signed by us
- You can purchase products on the website by selecting the products you wish to purchase and placing an order
- An order by your constitutes an offer to us to purchase the specified products and remains open as an offer until we accept or decline the order
- Any acknowledgement of your order by us is simply for the purpose of providing you with an order reference number and is not an acceptance of your order
- On completing an order, you will be required to pay for the products you have purchased in full by supplying your credit or debit card details and authorising us to recover the payments due to us.
- We will not be obliged to supply products ordered by you until we have received payment in full.
- If you pay for a product by way of credit or debit card or PayPal account, you must be entitled to use that card or account.
- You warrant that all information supplied by you for the purpose of making an order is correct.
- If we decline, refuse or cancel an order for which payment has been received, we will refund the payment in full but shall have no further obligations or liabilities.
- Our acceptance of your offer comes into effect when we have dispatched your order and confirmation e-mail has been sent to you.
- We will specify the price of the products on the website. You acknowledge that the prices on the website are subject to change.
- All prices on the website are:
(i) Inclusive of GST
(ii) Exclusive of postage and packing. You will find a summary of all our shipping obligations under the Shipping page on the website.
- You acknowledge that the final purchase price that is required by you is the amount specified at the end of the order process and includes GST as well as applicable delivery charges.
- All products are subject to availability
- We will notify you if a product is no longer available prior to processing the order and if applicable will refund any payment made by you
- When we provide you with an order confirmation, we will also provide you with a date on which we anticipate the products will arrive to you (Estimated Delivery Date)
- You acknowledge that we cannot guarantee that the products will be delivered on the estimated delivery date
- It might not be possible for us to deliver he products to your selected address. If this is the case, we will inform you using the contact details you provided us when you made your order and arrange for cancellation of the order or deliver to another selected address of your choosing
- It is your responsibility to ensure that you are available to receive the products
- We will be responsible for the carrier who will be responsible for the delivery of your products
- Local and Inter-State orders will be processed and shipped in accordance with our choice of packaging
- We will instruct the carrier to deliver the product to the address you provided us with at the time of the purchase
- You hereby nominate the carrier to be your agent for the purposes of taking delivery of your products on your behalf and deliver those products to you
- We are not liable to you or in breach of these Terms by any reason of delay in delivery of the products, where the delay was due to any cause beyond our control, including but not limited to;
(i) an unreasonable refusal by you to accept delivery or
(ii) a delay on behalf of the carrier
- On delivery it is up to you, to inspect the products as soon as responsibly practicable
- We will accept returns of products strictly in accordance with our Returns Policy
- Products not dealt with in accordance with our Returns Policy are deemed to be
(i) In accordance with the order
(ii) Free from any defect or markings on reasonable examination and
(iii) Accepted by you
- You cannot vary or cancel an order without our prior written consent.
- If you wish to cancel your order, please contact our customer service team by writing to email@example.com
CANCELLATION BY US
- We reserve the right to cancel an order if a product is not available for any reason.
- If we cancel an order for this reason, you will be notified and a return of any payment you have made will be refunded
TITLE AND RISK
Title and risk in the product passes to you when the product are delivered to you or when the products are in you possession, whichever comes first.CIRCUMSTANCES BEYOND OUR CONTROL
- We are not liable for failure to comply with these terms if the failure (directly or indirectly) arises out of any circumstances, which are not within our reasonable control. If circumstances occur, we may delay or cancel delivery of products. In this case, a refund will be issued.
- We are not obliged to remedy such circumstances. We are especially not obliged to settle any strike, lock out or any kind of labor dispute
- The circumstances which are taken to be beyond our reasonable control include, without limitation, strikes, lock outs, accidents, war, virus, fire, flood, explosion, shortage of power, breakdown of plant or machinery, shortage of raw materials from normal source of supply, act of God or any authority or instrumentality
- Nothing in this clause 10 releases you from any obligation to pay us in accordance with these Terms, or otherwise comply with these Terms
- We acknowledge that under applicable State, Territory and Commonwealth law(s), certain statutory implied guarantees and warranties will be implied into these Terms (Non-Excluded Guarantees)
- We further acknowledge that nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.
- Except as expressly set out in these Terms or in respect of the Non Excluded Guarantees, we make no warranties or other representations under any contract with you or these Terms and our liability in respect of these warranties is limited to the fullest extent permitted by law
LIMITATION OF LIABILITY AND INDEMNITY
(a) Our products 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 damage. You are also entitled to have the products repaired or replaced if they fail to be of acceptable quality and the failure dos not amount to a major failure. This warranty against defects is given in addition to other rights and remedies of the consumer under law.
(b) Subject to sub clause 12 (a) above or as required law, the products are provided without any express or implied representation or warranty and all implied conditions and warranties relating to the products are excluded.
(c) Subject to this clause 12 and to the extent permitted by law, our liability for a breach of a Non-Excluded Guarantee in relation to the supply of products other than goods of a kind otherwise acquired for personal, domestic or household use or consumption is limited to (at our option):
(i) the replacement or repair of the products; or
(ii) the payment of the cost of replacing or repairing the products
- Other than as provided in this clause 12, we shall not be liable for any loss or damage (including any consequential loss or damage, which includes without limitation, loss of profit or loss of revenue) of any kind whatsoever, even if due to negligence.
- Subject to clause 11 (Implied Terms), you acknowledge that you do not rely upon and it is unreasonable for you to rely upon our skill or judgement as to whether the products supplied are reasonably fit for any purpose for which they are being acquired.
- Subject to clause 12 (Implied Terms), you agree to indemnify us from every liability, loss, damage, cost or expense directly or indirectly incurred or suffered by us caused by or contributed to by any of the following:
(i) Your, or any third party associated with you failing to:
- Comply with any law about the products or their use;
- Take any reasonable precaution to detect any matters in relation to which we may become liable in any way (for example, under Australian Consumer Law)
- Provide correct information to us; and
- Immediately advise us (in writing) of any change to the information provided to us.
(ii) You making any statement about the products (for example, about their performance or characteristics) without our prior written approval.
- Subject to clause 11 (Implied Terms), and expect to the extent otherwise specified law:
(i) We will not be liable for any loss or liability, however caused which may be suffered in connection with the supply of products under these terms;
(ii) We will not be held liable for incidental, indirect or consequential damages, including damages for loss of opportunity loss of business or loss of profits
GOVERNING LAW AND JURISDICTION
- These terms of sale are governed by the law in force in the State of Victoria.
- Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in State Victoria and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms and waives any right it might have to claim that those courts are an inconvenient forum.
(a) Our rights may only be waived in writing, signed by us.
(b) No other conduct by us (including a failure to exercise or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right.
(c) A waiver of a right by us on one or more occasions does not operate as a waiver of the right if it arises again.
(d) The exercise of a right by us does not prevent any further exercise of that right or of any other right.
Any previous of these Terms which are unenforceable or partly unenforceable is, where possible, to be served to the extent necessary to make these Terms enforceable, unless this would materially change the intended effect of the Terms.