These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them. No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.
We are: eSOLD Australia Pty Ltd
ABN: 60 147 457 743
19-21 Olive Grove, Keysborough VIC 3173 (NOTE: This address is NOT a retail outlet).
our email is: email@example.com
You are: a visitor to Our Website / our valued Customer
In this agreement:“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance. “Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business. “Our Website” means the entire computing hardware and software installation that is or supports Our Website. “Goods” means any of the Goods we offer for sale on Our Website“Content” means any material in any form published on Our Website by us or any third party with our consent. “Material” means Content of any sort posted by you on Our Website
OUR CONTRACT WITH YOU
These terms and conditions apply:
- So far as the context allows, to you as a visitor to Our Website; and
- In any event to you as a buyer or prospective buyer of our Goods (and Services).
- Our contract commences with you once we have successfully, and securely, completed your Credit Card transaction. We shall confirm your order by e-mail to the e-mail address you have supplied to us as part of your “Account” details. [Our message will also confirm details of your purchase and advise you of the “Shipping & Tracking Details” related to that purchase.]
- We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
- While we cannot guarantee that Goods advertised on our website are available, if you are able to complete a successful purchase through our secure payment gateway, you should be able to secure your Goods 99% of the time.
- In the unlikely event that we do not have the Goods you “successfully” order in stock, we may offer you an alternative. If this happens you may:
- accept the alternatives we offer;
- or cancel all or part of your order.
- If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
- If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date of cancellation of your order.
YOUR ACCOUNT WITH US
- You agree that you have provided, and will continue to provide, accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
- If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
- You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
- We reserve the right to refuse you access to Our Website.
PRICE AND PAYMENT
- Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
- Prices include Australian Goods and Services Tax (GST). If you show by your delivery address that you reside outside Australia, GST will be deducted at the payment point. OR
- Prices include Australian Goods and Services Tax (GST). If you show by your delivery address that you reside outside Australia, we will refund to you the amount charged as GST.
- Deliveries will be made by Australia Post and/or a Carrier instructed by us to the address stipulated in your order. [For further details regarding our Shipping Policy, please refer to our shipping policy ].
- We may deliver the Goods in "separate deliveries" instalments, if they are not all available at the same time for delivery.
- Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
- We endeavour to keep our Shipping prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you are happy to accept the new Shipping price
- As detailed in our Shipping Policy we will arrange to have messages sent to you by email to tell you when we have despatched your order and to update you on its progress.
CANCELLATION OF ORDER
- In order to achieve the significant pricing discounts we achieve from our Suppliers for the Goods offered for sale on Our Website, many of the Items are “Clearance”, “End of Line”, “Last Year's Model”, “Limited Sale Items”, etc, etc, and therefore, all sales are final except where Goods are faulty and are returned (in line with our Returns Policy), within their specific Warranty Period.
- Refunds can be refused at our discretion if items are returned without a returns authority number issued by us. Products with a valid returns authority number can be refused or subject to a re-stocking fee of up to 20% or more depending on condition of returned items. Shipping costs are not refundable.
- Further to Clause 6.1 above, we do not accept any cancellations of orders.
- Details of our After-Sales Service and Guarantees, if any, are provided as part of the “Details” description provided with each Item offered for sale on Our Website.
- As previously stated in Clause 6.1, this paragraph does not affect your rights in the event that the Goods are faulty.
FOREIGN TAXES, DUTIES AND IMPORT RESTRICTIONS
- If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
- You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
- Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility.
- If you discover that your Goods are damaged, faulty or do not match the description provided by us at point (and time) of Sale, please tell us at the earliest opportunity:
- exactly what the issue is;
- the date when the issue became apparent;
- when and how you discovered the issue;
- To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are damaged, faulty or do not accurately match the description provided by us at point (and time) of Sale.
- You must tell us by email message to firstname.lastname@example.org or by letter to our land address at the top of this agreement, that you would like to return Goods, specifying exactly what Goods, when purchased, the Transaction Number, and giving full details of the damage, defect, fault, or other reason for return. We will then issue a returns note and it is then your responsibility to ship the item back to us at your cost.
- We will refund the cost of return freight only, at standard Australia Post Rates if the item is a DOA dead on arrival. Return freight, just like the cost and time of driving to a store is the responsibility of the purchaser and will only be refunded at our discretion if the item is a faulty item on arrival or such special circumstances. WE DO NOT ACCEPT C.O.D. returns under any circumstances - please do not send back goods to us C.O.D. as refusal will delay your warranty.
- If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
- You must contact us immediately the Goods are discovered to be damaged, faulty or do not accurately match the description provided by us at point (and time) of Sale, and then the Goods must then be returned to us as soon as possible.
- In all circumstances, Goods must be returned:
- with Goods and all Packaging in their original condition;
- securely wrapped;
- including our delivery slip and a written fault description;
- We or our Content suppliers may make improvements or changes to Our Website and/or its Content, at any time and without advance notice.
- You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any website. We would be grateful if you bring to our immediate attention, any that you find.
- We give no warranty and make no representation, express or implied, as to:
- the adequacy or appropriateness of the Goods for your purpose;
- the truth of any Content on Our Website published by someone other than us;
- any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;
- compatibility of Our Website with your equipment, software or telecommunications connection.
- Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
- We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
- In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the Goods or Services you have purchased.
- The above two sub paragraphs do not apply to a claim for personal injury.
CONTENT AND INTELLECTUAL PROPERTY RIGHTS
- We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other Content Provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
- We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and/or the other Content Provider. We will strongly protect those rights in all countries.
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
- Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
YOUR EMAIL ADDRESS
- You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
- You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
- You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
- We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
- You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
- You may not use any software tool for the purpose of extracting data from Our Website.
- You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
ACCEPTABLE USE POLICY
As a condition of your use of Our Website, you agree to comply with these provisions:
- You will not use the Services for Spamming. Spamming includes, but is not limited to:
- The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
- The sending of junk mail;
- The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
- Excessive and repeated posting off-topic messages to newsgroups;
- Excessive and repeated cross-posting;
- Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
- The emailing of age inappropriate communications or content to anyone under the age of 18.
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
“I have read and understood these terms and conditions, and I agree that they form part of the contract between us. If I am under the age of 18 years, I confirm that I have brought the terms and conditions to the notice of my parent or guardian, and that person have agreed that I may buy your goods.”
- When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- Where we provide Goods or Services without specific charge to you, then it (or they) is deemed to be provided Free of Charge, and not to be associated with any other Goods or Service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those Goods or Service.
- Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
- If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
- In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
- We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
- This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.