Website terms and conditions-emphasising sale of goods

 

1. These terms and conditions apply to this website, including the purchase of goods over this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.

 

2. Terminology

In these terms and conditions, the expressions ‘we’, ‘us’ and ‘our’ are a reference to Tassie Store Pty Ltd.

 

3. Amendments to the terms and conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of this website following such a notification will represent an agreement by you to be bound by the terms and conditions as amended.

 

4. Ordering Procedure

You may offer to purchase goods described on this website for the price specified on this website.

 

Your order must contain your name, email address, credit card or payment details and any other ordering information specified on the this website.

 

Within seven days of receipt of your order, we will pass it on to the supplier, who will at its discretion accept or reject the offer to purchase.

 

You may not cancel an order once it has been submitted, even if the acceptance or rejection of your offer is still pending.

 

We are not required to give reasons for the rejection of your offer to purchase.

 

If your offer to purchase the goods is rejected for any reason, neither you/ us or the supplier will be under any further liability to each other arising out of your original offer or the non acceptance of your offer.

 

If we have not responded to you in seven days, your offer will deemed to be rejected.

 

We give no undertaking as to the availability of products advertised on this website.

 

Delivery of the goods to you will be effected in the manner described on this website.

 

Title of the goods does not pass to you until payment has been received.

 

Risk of loss or damage to the goods passes to you upon dispatch.

 

Payment must be effected in the manner described on the website. Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.

 

The goods are offered for sale only to persons who can make legally binding contracts.

 

5. Cancellation due to error

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of the delivery of the goods to you. If a cancellation of this nature occurs after your credit card has been charged with this purchase, we will immediately issue a credit to your credit card account for the amount in question.

 

6. Disclaimer

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

 

To the extent permitted by law, any condition of warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us or the supplier from excluding or modifying the application of, or our, or the supplier’s, liability under any such condition or warranty, that condition or warranty will be deemed included but our liability, and the supplier’s liability, will be limited for a breach of that condition or warranty to:

(a)              the replacement or the supply of equivalent goods by the supplier;

(b) the repair of such goods by the supplier;

(c) the payment, by the supplier, of the cost of replacing the goods or of acquiring equivalent goods; or,

(d) the payment, by the supplier, of the cost of having the goods repaired.

 

Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order on this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

 

7. Exception to the disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

 

8. Specific warnings

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

 

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

 

Whilst we have no reason to believe that any information contained on this website in inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

 

We do not give you any assurances that any information contained on this website will be suitable for your purposes or that will be error-free. You agree that you will not rely on any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.

 

Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers products and each advertiser is solely responsible for any representations made in connection with its advertisement.

 

We make no warranty that goods acquired from us over this website will meet your requirements.

 

Details contained on this website relating to goods or services have been prepared in accordance with Australian Law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods and services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order and goods or services from this website.

 

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

 

9. Copyright

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

(a) Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

(b) Commercialise any information, products or services obtained from any part of this website;

 

10. Trade Marks

Except where otherwise specified, any word or device to which is attached the Ō or Ņ symbol is a registered trade mark.

 

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

(a) In or as the whole or part of your own trade marks;

(b) In connection with activities, products or services which are not ours;

(c) In a manner which may be confusing, misleading or deceptive;

(d) In a manner that disparages us or our information, products or services (including this website).

 

 

11. Restricted use

Unless we agree otherwise in writing, you are provided with access to this website for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.

 

12. Links with websites

This website may contain links to other websites (‘linked web sites’). Those links are provided for convenience only and may not remain current or to be maintained.

 

We are not responsible for the content or privacy practices associated with linked web sites.

 

Our links with linked website should not be constructed as an endorsement, approval or of any recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

 

13. Privacy Policy

We undertake to comply with the terms of our privacy policy which is annexed to these terms and conditions.

 

14. How we handle emails

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

 

15. Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission we will take reasonable steps to preserve the security of such information.

 

16. Termination of Access

Access to this website may be terminated at any time without notice. Our disclaimer will nevertheless survive any such termination.

 

17. Governing Law

These terms and conditions are governed by the laws in force in Tasmania, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

 

18. General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

 

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

 

19. To return to the website

 

To return to the website, click where indicated. By doing so you acknowledge that you have read understood and accept the above terms of use.

 


Privacy Policy

 

We may collect website visitors contact information (like their email addresses). Unless you object, this information may be used:

a)     To send news, information about our activities and general promotional material which we believe will be useful to you;

b)    To monitor who is accessing the web site or using services offered on the website ; and

c)     To profile the type of people accessing the website.

 

If you do not wish to have your personal information used in this manner or for any other specific purpose, you can email us accordingly.

 

We utilise ‘cookies’ which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will give you an opportunity to either accept or reject it in each instance.

 

We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this website. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.

 

If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:

a)     We subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;

b)    We believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or

c)     We are required by law to disclose the information.

 

We will preserve the content of any email you send us if we believe we have a legal requirement to do so.

 

Your email message content may be monitored by us for troubleshooting or maintenance purposes or if any form of email abuse is suspected.

 

Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.

 

All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.

 

We consider it is the responsibility of parents to monitor their children’s use of our website. Nevertheless it is our policy not to require personal information from persons known to be under the age of 18 years or offer to send any promotional material to persons in that category.

 

You are entitled to have access to any personal information relating to you which you have previously supplied to us over this website. You are entitled to edit or delete such information unless we are required by law to retain it.

 

If you wish to comment on or query our privacy policy, or, if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, contact us at info@tassiestore.com.au

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