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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 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 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 Ô or
Ò
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 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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