1.1 These terms and conditions apply to all sales of goods (Products) by Global Shop Direct Pty Ltd (Seller) to the purchaser of the Products (Customer).
1.2 These terms and conditions can only be waived in writing signed by an authorised officer of Seller and will prevail over all of Customer’s terms and conditions to the extent of any inconsistency.
3. Price and payment
3.1 The purchase price for Products sent to Australian delivery addresses (Purchase Price) includes the Goods and Services Tax (GST) and any postage, handling, freight, insurance, customs charges and other charges affecting the cost of the Product as per the front of the invoice (P&H).
3.2 The Purchase Price is payable, without deduction or set off:
(c) if the Product is sold without a home trial period – within 30 days of the date of the invoice; or
(d) if the Product is sold with a home trial period – P&H plus any additional amount payable when Customer places the Order according to the specific terms of an offer and then equal payments of the balance as shown on the invoice;
(e) if the sale of Products is by credit, Customer must have submitted a credit application which is approved in writing by Seller. In this case, payment must be made in accordance with the terms of the credit application; or
(f) if the Purchase Price is payable by monthly instalments, Customer must pay the initial instalment (including postage and handling fees) when Customer places the Order and the instalment amounts in each of the following calendar months as shown on the invoice, Each such date for payment in clause 3.2 is referred to as the Due Date.
3.3 If Customer has paid all or part of the Purchase Price before cancellation of an Order, for any reason whatsoever, Seller will be entitled to set off that part of the Purchase Price that has been paid against any other amounts owed by Customer to Seller on any account whatsoever, whether or not the Products the subject of the cancelled Order were delivered to Customer.
3.4 Seller may charge interest on any overdue moneys outstanding from time to time at the rate which is 6% per annum above the Cash Target Rate of the Reserve Bank of Australia applying on the Due Date, calculated from the Due Date until the date of payment.
3.5 Customer agrees to pay Seller any expenses (including legal costs) reasonably incurred by or on behalf of Seller in collecting any outstanding debts due by Customer to Seller.
3.6 Any payment made by Customer will be credited first to any such expenses referred to in clause 3.5, then to any interest that has accrued and finally to the outstanding portion of the Purchase Price.
4.1 Any delivery times notified to Customer are estimates only and Seller is not liable for late or non-delivery.
4.2 Seller may, at Customer’s request, agree to postpone delivery of the Product to a time more convenient to Customer provided that Customer agrees to pay to Seller an additional amount in respect of such postponement and for storage charges.
5. Title and risk
5.1 The risk of loss or damage to the Product passes to Customer on dispatch of the Product from the Seller’s warehouse for delivery to Customer by post or other means.
5.2 Notwithstanding delivery of the products to Customer, title in the Product will not pass to Customer until the full amount of the Purchase Price is received by Seller and the funds cleared. If Customer’s payment is not received or is declined for any reason, Seller reserves the right to reclaim the Product from Customer’s possession, custody or control at Customer’s cost even if they have been delivered to Customer or moved from the delivery address. Seller reserves the right to keep or sell the Product.
5.3 This clause 5 creates a purchase money security interest for the
purposes of the Personal Properties Securities Act 2009 (Cth) (PPSA). To the extent permitted under the PPSA, Buyer agrees to contract out of the provisions listed in section 115 of the PPSA which impose a burden on Seller. Buyer waives its right to be provided with verification statements under section 157 of the PPSA. Buyer and Seller agree that neither will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.
6. Customer Satisfaction Guarantee
6.1 Subject to this clause 6 and complying with clause 8, Customer may, if not satisfied with the Product for any reason, return the Product to Seller within 30 days of the date of invoice. This satisfaction guarantee does not apply to a Product damaged by abuse, improper or abnormal usage by Customer or a third party, or a Product damaged by a repair provided by a person not authorised by Seller. No refund will be payable to Customer until Seller has inspected the returned Product and determined that the terms of this guarantee have been satisfied.
7. Damaged Products
7.1 Customer must inspect the Product on delivery and satisfy itself that the Product is not damaged. If the Product is damaged, Customer must notify Seller within 48 hours of receiving delivery and must provide evidence of the damage, such as by way of photographs.
7.2 Seller does not accept liability for Products lost or damaged in the mail or by Customer.
7.3 Customer must comply with the requirements of clause 8 when returning any damaged Product.
8. Return of Products
8.1 Any return of Products under clauses 6 or 7 must be in accordance with the terms of this clause 8.
8.2 Customer must contact Seller’s Customer Service Centre on 1300 137 598 and obtain a Return Authorisation Number. Seller will give Customer an address for return of the Product.
8.3 Customer must return the Product in its original packaging, with all original accessories and contents, by registered post to Seller within 30 days of the date of invoice to obtain a refund or, in the case of damaged Products, a replacement Product.
8.4 Refunds and returns or replacements do not include postage and/or handling charges and all such charges are at Customer’s cost, unless we otherwise agree in writing. Seller reserves the right to refuse to accept any returned Products marked “Cash or cheque on delivery” or “More to pay”.
8.5 Where Customer is paying by instalments, only those instalments already debited to Customer will be reimbursed, less any postage or handling charges payable under this clause and subject to clause 3.3.
8.6 Except where required by law or in accordance with this clause, Seller is not obliged to accept any return of Products. If Seller does not accept the return of the Product, Seller will contact Customer in writing.
8.7 Nothing in this clause affects those rights of Seller under the Australian Consumer Law which may not be excluded or varied by agreement.
8.8 30 Day Money Back Guarantee: Less original Postage & Handling and return postage & Handling; Statutory rights apply.
9. Limitation of liability
9.1 To the maximum extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms and Conditions or in a written warranty from Seller are excluded. If Seller is liable for breach of an imposed term, guarantee, warranty, representation or condition, Seller’s liability is, at Seller’s option, to the extent permitted by law, limited to:
(a) the replacement of the Products or the supply of equivalent products;
(b) the repair of the Products;
(c) the payment of the cost of replacing the Products or acquiring equivalent products; or
(d) the payment of the cost of having the Products repaired.
9.2 To the maximum extent permitted by law, Seller is not liable for any special, indirect or consequential loss or damage, loss of profit or opportunity and loss of data arising out of or in connection with the Products, including as a result of not being able to use the Products or the late or non-supply of Products, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise and whether or not Seller was aware that such loss or damage may occur.
10.1 For the purposes of assessing the credit-worthiness of Customer from time to time and the collection of payments, Customer authorises Seller and its agents to make enquiries and obtain reports including from persons nominated by Customer as trade referees, Customer’s creditors, bankers and financiers, credit providers, mortgage and trade insurers and credit reporting agencies (the Information Sources).
10.2 Customer consents to Information Sources providing to Seller such information as is requested by Seller and permitted to be given by law. The customer also consents to Seller disclosing personal information or the contents of any credit report to a credit reporting agency for the purpose of that credit reporting agency creating or adding to any credit information file in relation to Customer.
11.1 This agreement will be governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that state.
11.2 A notice given under this agreement must be in writing and sent to the recipient at the address specified below or such other address as notified from time to time.
11.3 If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement, but the rest of this agreement is not affected.
Global Shop Direct Pty Ltd
ABN: 19 663 414 713
PO Box 97, Rozelle NSW 2039 Australia