These Terms and Conditions of Website Sales (Terms) apply to online sales of Products between:
• Basser Millyard Pty Ltd (ACN 159 209 113) of 28 Gepp Parade, Derwent Park, Tasmania 7010, Australia, trading as Wigston’s Lures (Supplier or we, us or ours); and
• Any buyer who orders Products using our Website (Purchaser or you or yours)
These terms apply if we agree to supply, and you agree to purchase, Products using our Website.
1. APPLICATION OF TERMS
1.1. Each supply of Products by us to you will be on the terms set out in these Terms and your Order relating to the Products being supplied.
1.2. The Terms and your Order constitute the entire understanding between you and us. Accordingly, before you make your Order, you should ensure that any things that are important to you (or any things that you think we have told you) are set out in the Terms or your Order.
1.3. You may place an Order for one or more of the Products on the Website.
1.4. If we notify you that we accept your Order:
(a) subject to payment of the amounts specified in clause 2, we sell to you Products specified in that Order; and
(b) you buy the Products specified in that Order for the price set out in that Order.
1.5. We may elect not to accept an Order that you place under clause 188.8.131.52 If you nominate an address outside Australia for us to deliver Products, you must be satisfied that the purchase and importation of the Products in the country nominated by you is lawful according to the laws of that country.
2.1 The price payable by you for particular Products will be the price set out on the Order in relation to those Products. If there is a discrepancy between the price specified in your Order and the price specified elsewhere on the Website, the price specified in your Order will prevail.
2.2 You are responsible for the following costs and charges in addition to the price specified in the Order unless otherwise specified in the Order:
(a) Shipping (delivery) charges, which will be dependent on the options selected by you;
(b) Additional fees as specified in clause 2.3 below apply in relation to the processing of credit card transactions, including any declined transactions; and
(c) GST and all other statutory taxes and charges.
2.3 We charge processing fees for each credit card transaction, unless otherwise specified in the Order. The amount of those fees is as specified in the Order. The above fees are payable in addition to any fees charged by your credit card issuer or financial institution and are your responsibility. The fees that are your responsibility may be payable in relation to successful or declined transactions
3.1 You must pay the amounts specified in clause 2 at the time you make your Order.
3.2 You may pay us using approved credit cards (as specified on our Website when you make your Order) or any other method specified on our Website.
3.3 We will not begin fulfilling the Order until we have received your payment in cleared funds.
4.1 Any dates we specify for delivery of Products are estimates only. We are not liable for any delay in delivery of the Products in any event or circumstance that is outside our reasonable control.
4.2 We are not liable for non-delivery if you do not provide us with the correct address. All Orders are your responsibility once delivered to your address (whether or not someone is at that address to accept collection).
5.1 Risk in Products (including, but not limited to, deterioration, loss, theft or damage) passes to you at the time when the Products are dispatched to you by us or our agents.
5.2 You are responsible for all insurance of the Products from the point when risk passes to you under to clause 5.1.
6. RETURN OF PRODUCTS
We do not have to provide a refund or replacement for Products delivered to you:
(a) just because you change your mind; or
(b) you misused the Products in any way that causes a problem with them.
You may have rights to a repair, replacement or refund if a consumer guarantee applies, as specified in clause 7.
7.1 If you are a consumer (as that term is defined in the Competition and Consumer Act 2010 (Cth) (CCA) or any similar legislation), nothing in these Terms is intended to exclude, restrict, or modify any statutory obligation on us if it cannot be lawfully effected. Without limiting the generality of this clause 7.1, nothing in these Terms (including in this clause 7.1) is intended to have the effect of excluding, restricting or modifying:
(a) the application of all or any of the provisions of Part 5-4 of Schedule 2 of the CCA (the ACL) (remedies relating to consumer guarantees);
(b) the exercise of a right conferred by such a provision;
(c) any liability we have in relation to a failure to comply with a consumer guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
7.2 To the extent permitted by law, except as expressly set out in these Terms, we exclude all express and implied representations, conditions, warranties and guarantees arising from or in connection with these Terms or their subject matter. This is so whether they are based in statute, regulation, common law or otherwise. If the condition, warranty or guarantee cannot be excluded by law, our liability is limited, at our option, to supplying the Products again or paying the cost of the re-supply of those Products.
7.3 Subject to non-excludable statutory obligations such as those specified in this clause 7, we will not be responsible for, and we exclude, all liability for loss or damage (including any indirect or consequential loss or damage) that you may suffer by reason of or in connection with your use of Products or any act or omission by us. This exclusion applies whether our liability arises in contract, tort or otherwise.
7.4 To the extent permitted by law, you indemnify us fully against any liability, loss or damage suffered or incurred by us, however arising and by whomsoever caused, whether arising directly or indirectly from your use of Products, including any loss, liability or damage related to or arising out of any erroneous or fraudulent act or omission by you or any act or omission of you in breach of these Terms. This clause 7.4 does not apply to the extent that our own wilful or negligent acts or omissions caused our loss or damage.
8.1 A notice or demand from us to you can be signed by us, one of our officers, any lawyer acting for us or any person authorised to act on our behalf. It may be served by giving it to you, by sending it to the e-mail address you have nominated in the Order or any other email address of you, your employee or your officer, in each case last known to us, or by posting it to your registered office or your address specified in the Order or other address last known to us.
8.2 If we send you a notice by email, is to be treated as having been received 24 hours after it was sent, unless we have, in the meantime, received a message indicating that it has not been received.
8.3 If we send you a notice by post it is to be treated as having been received the fifth Business Day after posting.
8.4 Anything in connection with legal process (such as court documents) can be served in the ways set out in clause 8 if the law permits this.
8.5 Nothing in this clause 8 affects our right to serve in any other way permitted by law.
9. LAW AND JURISDICTION
Each contract formed in relation to the supply of Products by us to you shall be governed by and construed in accordance with the laws in force in the State of Tasmania, Australia. The parties to each of those contracts (you and us) submit to the non-exclusive jurisdiction of the courts of Tasmania, Australia.
10.1 No waiver of any breach of, or failure to enforce any provision of, these Terms or an Order in relation to our supply of Products shall in any way limit our right thereafter to enforce and compel strict compliance with the provisions of these Terms, that Order or any other Order.
10.2 No party shall vary these Terms (or the terms set out on an Order) except in writing signed on behalf of both you and us.
10.3 If any provision in these Terms or in an Order is, or becomes, unenforceable, illegal or invalid for any reason, the relevant provision is to be considered to be modified to the extent necessary to remedy the unenforceability, illegality or invalidity. If this is not possible, the provision is to be severed from the Terms or the Order, without affecting the enforceability, legality or invalidity of any other term of these Terms or the Order.
10.4 You may not assign or sub-contract any of your rights or obligations under a contract in relation to our supply of Products, except with our prior written consent. Any change in control of the Purchaser is taken to be an assignment which requires our written consent.
10.5 We may assign or novate any of our rights or obligations under a contract in relation to our supply of Products to a Related Body Corporate (or to a third party purchaser of all or any part of our business and assets whom we reasonably believe will be able to honour those rights or obligations, including under a change in control of the Supplier), without your consent. You agree to sign any documents and do all things we reasonably ask in relation to an assignment, novation or change of control.
10.6 You acknowledge and agree that nothing in these Terms or any Order grants you any Intellectual Property Rights in any Products or any of our Intellectual Property Rights.
In these Terms:
Business Day means a day (other than Saturday or Sunday) on which registered banks are open for business in Victoria, Australia and in the place specified by you in the Order as your address.
GST means goods and services tax payable under the A New Tax System (Goods and Services Tax) Act 1999.
Intellectual Property Rights means all industrial and intellectual property rights of whatever nature throughout the world conferred under statute, common law or equity, whether existing now or at any time in the future, and includes rights in respect of or in connection with copyright, inventions (including patents), formulae, databases, business processes and methods, trade marks, service marks, business names, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial and intellectual property rights, whether or not registered or registrable and includes the right to apply for or renew the registration of such rights.
Order means the web form or shopping cart on our Website by which you submit your order to us.
Products means products specified in an Order.
Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth).
Website means www.wigstonslures.com.au or any other website which buyers may make Orders from time to time.