1.Credit
1.1 This document was created using a template from SEQ Legal
(https://seqlegal.com).
You must retain the above credit. Use of this document without the credit is an infringement of copyright. However, you can purchase from us an equivalent document that does not include the credit.
2. Introduction
2.1 These terms and conditions shall govern the sale and purchase of products through our website.
2.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
2.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
3. Interpretation
3.1 In these terms and conditions:
a) “We” means [CHD]; and
b) “You” means our customer or prospective customer, and “us”, “our” and “your” should be construed accordingly.
4. Order process
4.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
4.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section.
4.3 To enter into a contract through our website to purchase products from us, the following steps must be taken:
> You must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
> If you are a new customer, you must then create an account with us and log in;
> If you are an existing customer, you must enter your login details;
> Once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document;
> You will be transferred to our payment service provider’s website, and our payment service provider will handle your payment;
> We will then send you an initial acknowledgement; and
> Once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order].
4.4 You will have the opportunity to identify and correct input errors prior to making your order.
5. Products
5.1 The following types of products are or may be available on our website from time to time:[Specify Product Categories].
5.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
6. Prices
6.1 Our prices are quoted on our website.
6.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
6.3 All amounts stated in these terms and conditions or on our website are stated [inclusive of GST] OR [exclusive of GST].
6.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
6.5 In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you within the contract of sale.
7. Payments
7.1 You must, during the checkout process, pay the prices of the products you order.
7.2 Payments may be made by any of the permitted methods specified on our website from time to time.
7.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
7.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
a) An amount equal to the amount of the charge-back;
b) All third party expenses incurred by us in relation to the charge-back including charges made by our or your bank or payment processor or card issuer;
c) An administration fee of AU$ 25.00 including GST; and
d) All our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 7.4 (including without limitation legal fees and debt collection fees), And for the avoidance of doubt, if you fail to recognize or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 7.4.
8.Deliveries
8.1 Our policies and procedures relating to the delivery of products are set out [in this Section OR in our delivery policy document.
8.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
8.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within [7 days following the date of the order confirmation]; however, we do not guarantee delivery by this date.
8.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 45 days following the later of receipt of payment and the date of the order confirmation.
8.5 We will only deliver products to addresses on the Australia mainland].
9. warranties and representations
9.1 you warrant and represent to us that:
a) you are legally capable of entering into binding contracts;
b) you have full authority, power and capacity to agree to these terms and conditions;
c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
d) you will be able to take delivery of the products in accordance with these terms and conditions [and our delivery policy].
9.2 we warrant to you that:
a) we have the right to sell the products that you buy;
b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
d) the products you buy will correspond to any description published on our website; and
e) the products you buy will be of satisfactory quality.
9.3 all of our warranties and representations relating to the supply of products are set out in these terms and conditions. to the maximum extent permitted by applicable law and subject to section 11.1, all other warranties and representations are expressly excluded.
10. limitations and exclusions of liability
10.1 nothing in these terms and conditions will:
a) limit or exclude any liability for death or personal injury resulting from negligence;
b) limit or exclude any liability for fraud or fraudulent misrepresentation;
c) limit any liabilities in any way that is not permitted under applicable law; or
d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
10.2 the limitations and exclusions of liability set out in this section 11 and elsewhere in these terms and conditions:
a) are subject to section 11.1; and
b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
10.6 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
a) [amount]; and
b) [the total amount paid and payable to us under the contract].
11. Order cancellation
11.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
a) you fail to pay, on time and in full, any amount due to us under that contract; or
b) You commit any [material] breach of that contract.
11.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any [material] breach of that contract.
11.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
12. Consequences of order cancellation
12.1 If a contract under these terms and conditions is cancelled in accordance with Section 12:
a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
c) All the other provisions of these terms and conditions will cease to have effect, except that [Sections 2.3, 7.4, 11, 16, 17, 18, 19, 20 and 21] will survive termination and continue in effect indefinitely.
13. Law and jurisdiction
13.1 These terms and conditions shall be governed by and construed in accordance with [Australian law].
13.2 Any disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of Australia.
14. Statutory and regulatory disclosures
14.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
14.2 These terms and conditions are available in [the English language only].
14.3 Our VAT number is [number].
14.4 The website of the European Union’s online dispute resolution platform is available at http://ec.europa.eu/odr.[ The online dispute resolution platform may be used for resolving disputes.]
14.5 The name of the [alternative dispute resolution entity] that we use dispute resolution is [name] and its website address is [URL].
15. Our details
15.1 This website is owned and operated by [name].
15.2 We are registered in [England and Wales] under registration number [number], and our registered office is at [address].
15.3 Our principal place of business is at [address].
15.4 You can contact us:
a) [by post, to [the postal address given above];
b) [using our website contact form];
c) [by telephone, on [the contact number published on our website from time to time]; or
d) [by email, using [the email address published on our website from time to time].
[additional list items]