TERMS & CONDITIONS
1. GENERAL TERMS & CONDITIONS
1.2 Amendments to terms and conditions
We reserve the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon notification on the Site. Your continued use of the Site following such notification will represent an agreement by You to be bound by the terms and conditions as amended.
1.3 Access and use
To place Orders and access some features of the Site, You will be required to register as a Registered User by creating an Account with us. You may, however, have limited access to browse and use certain features of the Site without registering an Account. To register an Account, You must give us accurate and current personal information including Your name or business name, address, and a valid email address.
By accessing and using the Site, You assume all risks associated with such access and use. The Site is provided to You on an as is basis. You warrant all information that is provided to Us by You through the Site is true and correct. To the fullest extent permitted by law, We do not represent or warrant that the Site or the services generally available through the Site will be uninterrupted or error-free or defect-free or that errors or defects in the Site will be corrected. We do not represent or warrant to You that any electronic files available through the Site will be free of Harmful Code nor that Your use of the Site will achieve any particular result.
We reserve the right, at any time, to disable, close or render inaccessible the Site for so long as We desire for any reason whatsoever, and without the need to provide any reasons. To the maximum extent permitted by law, We do not accept liability for any Loss which You may suffer or incur as a result of such actions.
You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to, or alteration of, Your transmissions of data or of information contained on Your computer system or on this Site. To the maximum extent permitted by law, We accept no liability for any Loss which You may suffer or incur as a result of such activity. You agree to immediately notify Us of any unauthorised use of Your user name and password or any other breach of security.
You must take Your own precautions to ensure that the processes taken by You to access this Site do not expose You to the risks of Harmful Code.
1.6 Changes to the Site
We reserve the right to make any changes to the Site as considered by Us necessary or desirable, at any time, without notice. We will use all reasonable endeavours to give prior notice of such changes on the Site but You acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects on the Site or for security reasons).
1.7 Lawful use
You agree at all times to deal with any information or material provided by Us or accessed through the Site in a manner which complies with all Applicable Laws of Australia or of any other relevant jurisdiction.
1.8 Misuse and interference
You must not:
(a) attempt to gain unauthorised access to any part of the Site;
(b) interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected to the Site or the integrity or performance of the Site;
(c) disable any protection software associated with the Site;
(d) send or store any Harmful Code; or
(e) use any feature of the Site in a manner that We reasonably determine is inappropriate or not intended.
1.9 Linking to the Site
You may only insert a link to the Site if:
(a) the link is presented in a way which fairly represents Our business and the Site and does not disparage Us;
(b) the context in which You insert the link does not give visitors the impression that the relevant site or business, is sponsored or endorsed by Us, or otherwise affiliated with Us; and
(c) the link opens in a new window, and not in the navigation of the relevant site.
To the maximum extent permitted by law, We do not accept any liability for, and You hereby release Us from any claim in relation to, any Loss, howsoever caused (including through Our negligence), suffered or incurred by You arising from or in connection with:
(a) Your access to, or use of, this Site or any linked site;
(b) the performance, non-performance, purported performance or delay in performance of these terms and conditions, or an Order or the Site (or any part of it or them);
(c) the availability of the Site or any error or defect in the Site; or
(d) Products purchased by You from the Site.
The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded (including, without limitation, any guarantee under the Australian Consumer Law).
1.11 Force Majeure
We accept no liability for any delay or failure to perform Our obligations under these terms and conditions if such a delay or failure is due to circumstances beyond Our reasonable control.
You agree to indemnify and keep indemnified, Us, Our officers, employees and agents (those indemnified) against all Loss suffered or incurred by those indemnified in connection with:
(a) Your access to, or use of, this Site or any linked site;
(b) any breach of any these terms and conditions by You;
(c) any wilful misconduct by You; or
(d) any negligent act or omission by You.
We may, at Our discretion, suspend Your Account and access to all or part of the Site for any reason, including without limitation if We reasonably consider that You are in breach of any provision of these terms and conditions. We may, at Our discretion, terminate Your access to all or any part of Your Account or the Site without the need to provide reasons.
Termination of this agreement and Your Account, access to the Site will not end those provisions that are capable of surviving the ending of this agreement.
1.14 General provisions
Any waiver, in whole or part, of any rights available to Us under these terms and conditions is only valid if it is in writing and is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches only).
If any provision of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these terms and conditions, in which case, the remainder of these terms and conditions shall nevertheless continue in full force.
Nothing in these terms and conditions shall impose a duty of care upon Us in respect of Your use of the Site.
The laws governing these terms and conditions will be the laws in the State of South Australia, Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State.
The Site and the content on the Site are subject to copyright, trade marks and other Intellectual Property Rights. These rights are owned by or licensed to Us.
2. REGISTERED USER
If You are a Registered User, You are solely responsible:
(a) for Your use (or of any person using Your email address and password) of your Account and the Site;
(b) to ensure that You maintain the confidentiality of Your password; and
(c) to ensure that, in using the Site, You comply with these terms and conditions as published on the Site.
You may change Your password at any time by following instructions on the Site.
If We have previously entered into an agreement with You, the provisions of that agreement will prevail to the extent of any inconsistencies with these terms and conditions.
3. ONLINE PRODUCTS
Any Order for Products made through the Site is an offer by You to purchase those Products for the price of those Products (together with all applicable Delivery Fees and Taxes) at the time You place the Order. You must provide Us with any additional details and/or confirm Your details if requested by Us in connection with any Order. You must provide Us with complete and accurate details when making an Order through the Site.
It is Your responsibility to comply with all Applicable Laws (including any minimum age requirements) in ordering Products on the Site.
3.2 Product availability
Should a Product be discontinued or temporarily out of stock We will contact You, and provide You with the option to cancel Your Order and receive a refund in relation to any payments made by You for that Order.
3.3 Pricing and payment
Prices appear in Australian dollars. Where applicable, prices include GST.
All prices are correct at the time of online publication. Prices are subject to change without notice. We reserve the right to correct prices quoted in the invoice, if found to be incorrect.
All payments are made by a secure server, which will encrypt each transaction as a security precaution, and all payments must be made in Australian Dollars only. You may pay for an accepted Order using a PayPal account.
If We are unable to successfully process payment for Your Order, then We may reject or cancel Your Order. If You choose to pay by credit card, You authorise Us to debit the amount that is payable for an accepted Order from Your nominated credit card. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
3.4 Postage and handling
The Delivery Fee of Our Products purchased by You, will be calculated at the time the Products are ordered, and will be incorporated into the final price of the Order. Should the Delivery Fee be calculated incorrectly, We will correct the invoice and contact You to advise You of the Delivery Fee.
3.5 Risk and Title
Risk in the Products and title in the Products ordered on the Site passes to You upon delivery to You at Your delivery address.
3.6 Delivery delays
All Products are promoted in good faith to be available at the time of ordering. Unforeseen supply problems or unexpected demand may occasionally result in Products being unavailable. Should there be a delay in dispatching Your Order, We will contact You to advise You of the reason for the delay.
We may terminate an Order if the product is not available for any reason. We will notify You if this is the case and return any payment that You have made. We will usually refund any money received from You using the same method originally used by You to pay for the product.
If You wish to cancel Your Order, please contact Us via email@example.com. No cancellation fees will apply. Once an Order has been processed it cannot be cancelled and the item must instead be returned to Us in accordance with the Returns Policy.
3.8 Implied terms
Subject to any non-excludable provisions of the Australian Consumer Law or any other legislation, and to the fullest extent permitted by law, any guarantee, condition or warranty (including, without limitation, any implied guarantee, condition or warranty of merchantability, satisfactory quality or fitness for a particular purpose) which would otherwise be implied in these terms and conditions is hereby excluded.
Where the Australian Consumer Law or any other legislation implies in these terms and conditions any guarantee, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such guarantee, condition or warranty, Our liability for any breach of such guarantee, condition or warranty shall be limited, at Our option, to the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired.
You acknowledge and agree that reliance by Us on this limitation of liability is fair and reasonable in all the circumstances.
3.9 Returns and refunds
Any claim for incorrect shipment, faulty or damaged Products on delivery, must be made within five (5) working days of receipt of Products.
We do not permit change of mind returns or exchanges of Our Products purchased by You.
Faulty Products will be accepted for credit or replacement in Our sole discretion. Delivery and packaging charges are not refundable.
In these terms and conditions, unless the context otherwise requires:
Account means the account that You will need to register for on the Site if You would like to submit an Order on the Site in accordance with clause 3.1 of these Terms and Conditions.
Applicable Laws means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to Your use of, and access to, the Site and includes, without limitation, those relating to anti-discrimination, consumer laws, intellectual property, privacy, and confidentiality.
Delivery Fee means the fee for the delivery of Products ordered by You. The fee for each Order will depend on the type of Product ordered (in particular, the size and weight of the Product).
GST has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Harmful Code means any computer virus, trojan, worm, other malicious computer code or other forms of interference that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.
Intellectual Property Rights means any current or future, registered or unregistered rights in any copyrights, patents, inventions, discoveries, trade marks, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world.
Loss means loss or damage of any kind including but not limited to: loss of profits; indirect, consequential, special exemplary or punitive loss or damage; or liability to a third party.
Order means the Order submitted by You to the Site to purchase products from us.
Product means each of the goods advertised on the Site.
Registered User means a Site User registered with the Site.
Site means the website operated by Us at www.subtext.shop.
Site User means any person who has access to, or uses, the Site.
Taxes means all taxes, duties, levies and charges (other than GST) in connection with any Products or any transaction under these terms and conditions.
We, Us, Our means Holly Samantha Farrell trading as Subtext (ABN 61 825 011 408).
You, Your means the person accessing the Site, including without limitation Registered Users.