General Terms & Conditions1. Interpretation
1.1 In these terms and conditions:
means the personalised account created by the Customer on the Website enabling the Order of Goods.“Agreement”
means these terms and conditions, including the terms of any Order placed by the Customer through the Website (if applicable). “Company”
means Just Country Australia Pty Ltd ABN 66 067 955 908. “Customer”
means any person or persons who wish to or have used the website to place an Order.“Goods”
means any products described in an Order and includes packaging.“Intellectual Property”
means all rights in patent, copyright, trade names, trade marks, logos, designs, images (including photographs, videos, multimedia or films) or service marks (in each case whether registered or registrable).“Material”
means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or used in connection with the Website.“Order”
means a request submitted by the Customer to purchase Goods from the Company through the Website.“Website”
means the internet site located at www.justcountry.com.au
operated by the Company.
1.2 In this Agreement, any reference:
(a) to the singular includes the plural;
(b) to any gender includes all genders;
(c) to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute;
(d) to persons includes all bodies and associations both corporate and incorporated and vice versa; and
(e) to a dollar amount is a reference to Australian dollars, unless otherwise specified.
2. Specific Warnings
2.1 It is the Customer's responsibility to ensure that the Customer’s access to, or use of, the Website is not illegal or prohibited by laws which apply to the Customer.
2.2 The Customer must take the Customer’s own precautions to ensure that the process which the Customer employs for accessing the Website does not expose the Customer to risk of viruses, malicious computer code or other forms of interference which may damage the Customer’s computer system. The Company takes no responsibility for any such damage which may arise in connection with the Customer’s use of the Website.
3. Linked Websites
3.1 The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. The Company will not be responsible for the content or privacy practices associated with linked web sites.
3.2 The Website may also be used for the display of material beyond the control of the Company or for the expression of opinions of other parties. The Company does not accept responsibility for that material and does not endorse the opinions of others even if accessible on the Website. If the Customer considers any material on the Website is offensive or otherwise should not be accessible, the Customer should contact the Company.
4. Customer Account
4.1 The Customer must create an Account before placing an Order for Goods through the Website.
4.2 The Customer warrants that all information and data provided by the Customer in the creation of its Account is accurate, complete and up to date. The Customer must promptly inform the Company if there is a change to this information or data.
4.3 The Customer must notify the Company immediately if the Customer becomes aware of any unauthorised use of the Customer’s password or of any other security breach relating to the Customer’s Account.
5.1 Any quantities, weights or dimensions included in catalogues, advertisements, illustrated matter or price lists are approximates only and will not be binding unless and to the extent only that such details are specified in an Agreement.
5.2 The Company does not give or make any warranty or guarantee that any outcome or result expected by the Customer from or arising out of the use of the Goods will in fact be achieved.
6.1 Prices displayed on the Website are subject to change without notice. Prices for items in an Order are fixed once the Order has been accepted. Subsequent price changes either up or down will not be retrospectively applied to accepted Orders.
6.2 Unless otherwise specified, all prices are inclusive of GST. The Customer must pay any GST applicable to the supply by the Company of the Goods.
6.3 All pricing displayed on the Website is for online purchases only and may not be matched at any physical Company wholesale or retail location.
6.4 The Customer agrees to pay the delivery and postage charges specified at the time the Customer submits the Order. It may be that, from time to time, due to weight and/or size of Goods ordered, there may be some variation in the delivery or postage charges actually applied. In that event, the Company will use its best endeavours to notify the Customer of such variation. Whether or not the Company has notified the Customer of such variation, the Customer acknowledges and agrees that it will be responsible for the whole of the delivery and postage charges applicable to Goods which have been ordered.
6.5 Upon delivery of the Goods, the Company will provide the Customer with a tax invoice specifying the total price for the Goods, including the delivery fee and any applicable postage costs.
7.1 The Customer may place an Order by following the instructions on the Website. The Customer’s Order will be submitted by completing payment details and pressing the “Complete Order” button. Orders will be deemed to have been received by the Company at the time the Company sends an Order confirmation to the Customer’s nominated e-mail address.
7.2 Each Order (once accepted) represents a separate Agreement incorporating the terms of that Order and these terms and conditions.
7.3 The Company reserves the right to not accept Orders that request large quantities of Goods or for Goods which the Company does not then have in stock. If the Company is unable to supply the Customer’s total Order, this Agreement will apply to the supply of the part of the Order which the Company is able to supply.
7.4 The Company will use its best endeavours to supply Goods which are the subject of Orders placed through the Website; however, the Company reserves the right to refuse or cancel any Order without notice for any reason.
7.5 Once an Order confirmation has been sent by the Company to the Customer's nominated email address, then, subject to these terms and conditions, a contract for the supply of the Goods by the Company to the Customer shall be and be deemed to exist. The Customer is not entitled and shall not purport to cancel or terminate any such contract unless it receives advice from the Company that the Company is not able to supply the Goods or is only able to supply some part or parts of the Goods which are the subject of an Order.
7.6 The Customer acknowledges that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available, or Orders may not be processed or may not be accepted for reasons beyond the control of the Company. In these circumstances the Customer agrees the Company has no responsibility to the Customer and no liability to Customer to compensate the Customer for any loss or damage suffered by the Customer.
8.1 The Customer must pay for the Goods the subject of an Order in one of two ways. The Customer may provide details of a nominated valid credit card during the purchase process described on the Website. Alternatively, a Customer may arrange for payment for Goods to be made by way of a PayPal transfer.
8.2 The Customer hereby authorises the Company to process payment for Goods which are the subject of an Order (plus any delivery charges) immediately upon the Company sending an Order confirmation. The Company will arrange for a credit to the Customer's nominated credit card or cancellation or return of a PayPal transfer in the event that it is unable to fill an Order within a reasonable time or otherwise cancels or refuses the order.
8.3 The Customer authorises the Company to debit payment for Goods which are the subject of an Order from the Customer’s nominated credit card.
8.4 The Customer authorises the Company to debit or credit amounts from the Customer’s nominated credit card in connection with any refund, exchange or repair of Goods.
8.5 If the payment from the Customer’s nominated credit card is declined by the Customer’s financial institution, the Company may cancel the Agreement and decline to fill the Order. If the Company does not cancel the Agreement, it will not be able to guarantee the delivery of the Goods, and will contact the Customer to make alternative payment and delivery arrangements.
8.6 The Company may decide at any time not to accept payment from the Customer by credit card for any reason. If the Company declines to accept payment, the Company will not process the Order and may contact the Customer to inform the Customer that the Customer’s Order will not be processed. The Company may process the Order or further Orders if the Customer makes a payment to the Company by another method that is acceptable to the Company.
9. Delivery, Risk and Title in the Goods
9.1 Title to any Goods supplied by the Company to the Customer as part of the Order shall not pass to the Customer until such time (“the specified time”) as the cost of the Goods and all other moneys (if any) due from the Customer to the Company in respect of the Goods or under any Contract between the Company and the Customer shall have been paid to the Company in full.
9.2 Until the specified time, the Customer shall be only a bailee of any Goods for the Company and the Customer shall;
(a) hold the Goods until the specified time as to enable them always readily to be identified as the property of the Company; and
(b) upon written demand re-deliver the Goods or materials to the Company or allow the Company by its servants or agents to enter upon any premises where the Goods are stored to recover the same.
9.3 Any Goods shall be at the Company's risk until the time they are delivered to the Customer, when risk passes to the Customer
10. Intellectual Property
10.1 All Intellectual Property in any Material on the Website is the property of the Company, its advertisers or third party providers. Unless expressly authorised by the Company, the Customer may not use, reproduce, adapt, link to, modify, display, perform or distribute any Material or any part of any Material.
11.1 The Customer waives, releases, discharges and relinquishes any and all claims that the Customer now has or may have against the Company which are connected with, arise out of, relate to or are incidental to the use of the Website.
11.2 The Customer agrees to indemnify the Company and keep the Company indemnified, and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expenses that may be incurred by the Company arising out of or in connection with use by the Customer of the Website.
11.3 After delivery of the Goods to the Customer, the Company shall not be responsible or liable to the Customer, and the Customer releases and discharges the Company, (in the absence of any wilful or negligent act or omission on the part of the Company) for and from any liability claim loss damage or expense of any kind or nature (including but not limited to loss of profits earnings or income direct indirect consequential contingent or resulting liability loss or damage whether to persons property or otherwise) or death or injury caused by or arising out of or relating in any manner or incidental to the use of the Goods or the delivery of the Goods.
12. Limitation of Liability
12.1 Subject to the provisions of any Agreement, all and any express or implied terms, conditions, warranties and representations with respect to the standard, quality, condition, fitness, durability or suitability of the Goods (except those expressly contained in these terms and conditions or otherwise expressly agreed to in writing by the Company) are to the extent that the same may be excluded by law, hereby expressly negatived and excluded
12.2 The Customer must satisfy itself as to the standard, quality and suitability of the Goods and the fitness of the Goods for the purpose(s) for which the Goods are being purchased and as to their compliance with the description (if any) of such Goods. Any description shall be by way of identification only and the use of a description shall not of itself make any Agreement a contract of sale by description
12.3 These terms and conditions shall not exclude restrict or modify or have the effect of excluding restricting modifying the application in relation to an Agreement of all or any of the provisions of Division 1 of Part 3-2 of Schedule 2 to the Competition and Consumer Act 2010 ("the Act") or the exercise of right conferred by such a provision or any liability of the Company for breach of a guarantee implied by such a provision but all other guarantees, conditions or warranties which would or might otherwise be implied are hereby expressly excluded and negatived
12.4 To the extent that the Act permits the Company to limit its liability for a breach of a guarantee implied pursuant to Division 1 of Part 3-2 of Schedule 2 of the Act, then the Company’s liability for such breach including any consequential loss which the Customer or any third party may sustain or incur shall be limited, at the option of the Company, to
(i) the replacement or repair of the any Goods supplied to the Customer;
(ii) the supply to the Customer of equivalent Goods; or
(iii) the payment of the cost or replacing or repairing the Goods or of having the equivalent Goods supplied again,
whichever may be determined in the absolute discretion of the Company to be appropriate in the circumstances
12.5 The benefits of any warranty contained in any Agreement shall not apply in the case of:
(a) Defects in any Goods caused by the Customer's misuse or neglect; or
(b) Goods, which have been altered or added to or otherwise modified without the prior written consent of the Company.
The Company may terminate any Agreement at any time by sending the Customer a notice by e-mail to the Customer’s nominated e-mail address advising that the Customer’s Account has been terminated.
14.1 The Company discloses that certain items of personal information about the Customer contained in any application by the Customer to open an Account may be disclosed to a credit reporting agency.
14.2 The Customer consents to disclosure of the personal information pursuant to clause 14.1 and consents to the Company disclosing any information derived from any application and any other information relating to the Customer which the Company may hold to any other credit provider for the purpose of providing a reference to the Company in relation to the Customer.
14.3 The Customer acknowledges and consents to the Company obtaining a consumer credit report about the Customer from a credit reporting agency.
15.1 Any provision of any Agreement which is void or unenforceable may be severed from that Agreement without affecting the enforceability of other provisions.
15.2 A failure or delay by the Company to exercise a power or right under any Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by the Company does not preclude its future exercise or the exercise of any other power or right.
15.3 Any Agreement is governed by and must be construed according to the law of the State of Queensland, Australia and the parties submit to the jurisdiction of the courts in that State.