Terms & Conditions (Long Version)
THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT http://top-choice.com.au . BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
- You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
- We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
1. ORDERING FROM US
1.1 We only sell and ship products within Australia. We will not make deliveries outside of Australia.
1.2 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
1.3 We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
1.4 We may refuse to accept an order:
- where goods are not available;
- where payment is still uncleared after 7 days;
- if there has been a pricing or product description error; or
- if you do not meet any eligibility criteria set out in our terms and conditions.
1.5 If you change your mind after order is placed, you must contact us via email within 7 days. Any unpaid order will be deleted after 7 days if we receive no payment or response from customer, we may delete account and also block the associated ip addresses from accessing our site again.
1.6 It is your responsibility to leave us an accurate delivery address. Once the parcel has left our hand, it is impossible to alter the address, as it is all automated operation within Australia Post delivery system. If the parcel gets returned to us due to incorrect address, the return postage will be CHARGED (thus we have to charge you).
2.1 Our prices are in Australian Dollar (AUD). Total price includes GST.
2.2 The price of products shown excludes shipping costs, shipping information can be viewed at http://top-choice.com.au/shipping
2.3 We reserve the right to change prices for products at any time.
2.4 Effective 1 April 2018, we are registered for GST.
3. CANCELLATION AND RETURNS POLICY
3.1 If you wish to cancel your order:
- you can notify us by email to firstname.lastname@example.org BEFORE we have dispatched the goods to you; or
- where goods have already been dispatched to you, by returning goods to us in accordance with clause 3.2 below.
3.2 You can return goods you have ordered from us for any reason at any time within 30 days of receipt for a refund. Refund does not include shipping cost. The costs of returning goods to us shall be borne by you.
3.3 Upon receipt of the goods we will give you refund of the amount paid excluding shipping cost.
3.4 Top Choice Variety will not provide a refund or replace a product that has been misused, mishandled or incorrectly installed or serviced. It is the responsibility of the customer to ensure that all instructions and advice or warnings given by the manufacturer or supplier are followed.
4.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
- no documents or related graphics on this Website are modified in any way; and
- no documents or related graphics on this Website are distributed/spreaded in any way;
4.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 4.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
4.3 Subject to clause 4.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
4.4 Any rights not expressly granted in these terms are reserved.
5. SERVICE ACCESS
5.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
5.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
6. VISITOR MATERIAL AND CONDUCT
6.2 You are prohibited from posting or transmitting to or from this Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licences and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Australia or any other country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
6.3 You may not misuse the Website (including, without limitation, by hacking).
6.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 6.2 or 6.3.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
7.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the Top Choice Variety logo;
- you do not create a frame or any other browser or border environment around this Website;
- you do not in any way imply that we are endorsing any products or services other than our own;
- you do not misrepresent your relationship with us nor present any other false information about us;
- you do not otherwise use any trade marks displayed on this Website without our express written permission;
- you do not link from a website that is not owned by you;
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
- We expressly reserve the right to revoke the right granted in this clause 7.2 for breach of these terms and to take any action we deem appropriate.
7.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 7.2.
8.1 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
8.2 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
8.3 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
9.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
9.2 The material on this Website is provided as is without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
10.1 We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
10.2 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10.3 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
10.4 Top Choice Variety will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
10.5 Top Choice Variety shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Top Choice Variety, and Top Choice Variety shall be entitled to a reasonable extension of time for the performance of such obligations.
11. GOVERNING LAW AND JURISDICTION
11.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland and shall be subject to the non-exclusive jurisdiction of the courts of Queensland
12.1 You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Top Choice Variety. Any unauthorised assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Top Choice Variety reserves the right to change the Terms and Conditions of sale at any time. No Top Choice Variety employee or agent has the authority to vary any of the Terms and Conditions governing any sale.