TERMS AND CONDITIONS OF SALE
1.APPLICATION OF THESE TERMS AND CONDITIONS
(a) These Terms and Conditions apply to the purchase of Clearance
Products from WESTBROOK HOLDINGS (AUS) PTY LTD ACN 162495285
(“Company”, “we” or “us”) and form a contract between the buyer
(“Customer” or “you”) and us. By purchasing the Clearance Products,
you agree and accept these Terms and Conditions (“Agreement”).
(b) The Agreement apply to all transactions between you and us
relating to the sale and purchase of Clearance Products, unless we have
entered into a separate agreement with you.
(c) We reserve the right to modify, amend, or update these Terms and
Conditions at any time, without prior notice, at our sole discretion. The
Terms and Conditions which apply at the time you make a purchase are
those that govern that purchase. It is the responsibility of the Customer
to review the current Terms and Conditions prior to any purchase.
2.DEFINITIONS AND INTERPRETATIONS
2.1Definitions
In these Terms and Conditions:
Business Day means a day that is not a Saturday, Sunday or public
holiday in Queensland.
Clearance Products means any products sold by us in accordance with
this Agreement.
GST means Goods and Services Tax as defined in A New Tax System
(Goods and Services Tax) Act 1999 (Cth).
Loss includes, but is not limited to, costs (including, but not limited to,
legal costs), expenses, lost profits, award of damages, personal injury
and property damage.
Personal Information has the meaning ascribed to that phrase in the
Privacy Act 1988 (Cth).
Price means the purchase price of each Clearance Product as specified
on the price label or provided by our sales personnel.
Privacy Law means any Law relating to the privacy, confidentiality or
use of any information about individuals, including the Privacy Act 1988
(Cth).
Restricted Goods means goods subject to restrictions on sale in
particular jurisdictions, including goods which may not be sold to
minors (such as knives, alcohol and tobacco).
2.2Interpretation
In these Terms and Conditions, unless the context otherwise requires:-
(a) a reference to writing includes email and other communication
established through the Company’s website (if any); and
(b) the singular includes the plural and vice versa;
(c) a reference to a clause or paragraph is a reference to a clause or
paragraph of these Terms and Conditions;
(d) a reference to a party of these Terms and Conditions or any other
document or arrangement includes that party’s executors,
administrators, successors and permitted assigns;
(e) reference to any the Company Standards and Procedures will mean
that standard or procedure as amended, modified or replaced from
time to time;
(f) reference to a Party or Parties includes a reference to its successors
and permitted assigns in accordance with this Agreement;
(g) the Purchase Order must not be construed adversely against a Party
just because that Party prepared or put forward it;
(h) where an expression is defined, another part of speech or
grammatical form of that expression has a corresponding meaning;
(i) headings are for ease of reference only and do not affect the
meaning or interpretation of these Terms and Conditions;
(j) these Terms and Conditions must not be construed adversely
against a party just because that party prepared or put forward it; and
(k) if the date on which any act, matter or thing is to be done falls on a
day which is not a Business Day, that act, matter or thing:-
(i) if it involves a payment other than a payment which is due on
demand must be done on the preceding Business Day; and
(ii) in all other cases, must be done on the next Business Day.
3.PURCHASE OF CLEARANCE PRODUCTS
(a) You acknowledge and agree that the Clearance Products we sell to
you may be used, unused, pre-owned or display goods.
(b) You acknowledge and agree that the Clearance Products may or
may not have their original packages.
(c) You acknowledge that all Clearance Products purchased under this
Agreement are intended for personal non-commercial use only and will
not be re-sold.
(d) If you purchase Clearance Products that are or contain Restricted
Goods, you:
(i) warrant that you are aged 18 years or over (or the age
required by law to purchase these Goods);
(ii) acknowledge that it is against the Law to sell or supply the
Restricted Goods to, or obtain the Restricted Goods on behalf of, a
person under the age of 18 years (where relevant);
(iii) you warrant that you are not obtaining the Restricted Goods
on behalf of a person under the age of 18 years;
(iv) when you purchase Clearance Products that contain an age
restriction, you are confirming that you are of legal age and that the
information you have provided us is true and accurate.
4.INSPECTION OF CLEARANCE PRODUCTS
a) b) The Clearance Products are available for inspection at our store.
The Customer is invited, urged and cautioned to inspect the
Clearance Products prior to purchase.
The Customer acknowledges that they have had the opportunity
to inspect the Clearance Products prior to purchase and that any
purchase of Clearance Products is made based on the Customer’s
own judgment and understanding of the condition of the Clerance
Goods.
5.TITLE AND RISK
a) b) c) Property and title in the Clearance Products will not pass to the
Customer until such time as the Prices have been paid for in full.
We warrant that the Customer will be entitled to free and clear
legal and beneficial title to and free and quiet possession of the
Clearance Products at the time title passes in accordance with
clause 5(a).
Risk in the Goods passes to the Customer upon the Clearance
Products coming into the care, custody or control of the Customer
or its agent or carrier.
6.PRICE AND PAYMENT
(a) All Prices are in Australian Dollars and, if GST applies, inclusive of
GST.
(b) We reserve the right to change or alter Prices from time to time.
(c) You may make the payment of the Prices by cash, credit card, debit
card and/or store credit.
7.NO WARRANTIES
(a) The description of the Clearance Products the Customer has been
provided is based on the best information available to the Company or
its sales personnel.
(b) To the extent permitted by Law, we make no warranty, eitherexpress or implied, regarding the condition, quality, performance, or
suitability for any particular purpose of the Clearance Products sold.
You acknowledge and accept that the Clearance Products are sold “as
is” and in their current condition at the time of sale, with all faults,
defects, and imperfections.
(c) Unless otherwise expressly provided in this Agreement, all
guarantees, terms, conditions, warranties, undertakings or
representations (whether express or implied, statutory or otherwise)
relating to the subject matter of this Agreement are excluded to the
maximum extent permitted by law.
(d) You acknowledge that the repairs and spare parts are likely not
available from the manufacturers of Clearance Products. We make no
warranty or guarantee relating to the availability of spare parts and
repair facilities.
(e) Nothing in this Agreement excludes, restricts or modifies any right
or remedy, or any guarantee, term, condition, warranty, undertaking or
representation imposed by any legislation which cannot lawfully be
excluded or limited. This may include the Competition and Consumer
Act 2010, which contains Consumer Guarantees that protect the
purchasers of goods and services in certain circumstances.
(f) Consumer Guarantees have no set time limit but generally last for
an amount of time that is reasonable to expect given factors including
the condition, price and age of the product or any representations
made. You acknowledge and agree that the Clearance Products you
purchase may have a shorter period of time for Consumer Guarantees
as compared with brand new products depending on their condition,
price and age at the time of purchase.
8.LIMITATION OF LIABILITY
(a) Subject to clause 7(c), we will have no liability to the buyer whether
in contract, tort (including negligence), breach of statutory duty, or
otherwise for any:
(i) loss of profit (whether direct, indirect or consequential);
(ii) loss of revenue, loss of production or loss of business (in each
case whether direct, indirect or consequential);
(iii) loss of goodwill, loss of reputation or loss of opportunity (in
each case whether direct, indirect or consequential);
(iv) loss of anticipated savings or loss of margin (in each case
whether direct, indirect or consequential);
(v) loss of bargain (whether direct, indirect or consequential);
(vi) liability that the Customer has to third parties (whether
direct, indirect or consequential); or
(vii) indirect, consequential or special loss or any loss which
cannot reasonably be considered to arise naturally from any
particular circumstance.
(b) Our liability to you for loss or damage of any kind arising out of this
Agreement will be reduced or limited to the extent (if any) that you
cause or contribute to the loss or damage.
(c) If a Clearance Product is sold with a disclosed defect, the nature of
the defect will be clearly communicated to you at the time of purchase.
In such cases:
(i) the defect is not considered a ground for return, repair or
replacement, unless it is a major fault (as defined by Australian
Consumer Law).
(ii) any Clerance Products sold with a fault known to the
Customer are excluded from remedies set out in clause 9, and no
claims for repairs, replacements, or returns will be accepted for
these items.
9.RETURN, REPAIR OR REPLACEMENT
(a) We do not accept returns for change of mind purchases, as all
Clearance Products are sold as-is. We encourage you to carefully review
product descriptions and inspect the Clearance Products in-store prior
to purchase.
(b) If a Clearance Product is sold faulty or does not function as
advertised, we will offer you one of the following remedies at our
discretion:
(i) a repair (if feasible).
(ii) a replacement (if a similar product is available).
(iii) a return for store credit (if the product cannot be repaired or
replaced).
The decision on whether a repair, replacement, or return is appropriate
will depend on the specific circumstances, including the nature of the
fault and whether it constitutes a major or minor failure under the
Australian Consumer Law.
(c) To ensure eligibility for a remedy, the following conditions apply:
(i) You must provide the original proof of purchase (receipt,
invoice, or order confirmation).
(ii) The Clearance Products must not have been damaged due to
misuse, neglect, or failure to follow the provided care instructions.
(iii) All parts and accessories of the Clearance Products remain
intact where applicable.
10.PRIVACY AND INFORMATION
(a) We may collect Customer’s Personal Information which is
reasonably necessary for our business activities.
(b) You agree and acknowledge that we may collect your Personal
Information and may use and/or disclose that information: (i) to
provide and market goods and services to you; (ii) to respond to queries
or complaints from you; (iii) to communicate with you about product
recalls and provide other health, safety and consumer protection
notices; (iv) to communicate with you about your experience with us
and the products and services you purchase; (v) for legal, security and
safety reasons; and (vi) for any other purpose described to you at the
time the information is collected.
11.GENERAL PROVISIONS
(a) This Agreement and any dispute arising out of or in connection with
it or its subject matter or formation will be governed by the laws of
Queensland and each party irrevocably submits to the non-exclusive
jurisdiction of the courts of Queensland.
(b) This Agreement comprises the whole agreement between the
Parties and supersedes all prior agreements, undertakings,
communications, negotiations or representations (if any) between the
Parties in respect of the subject matter.
(c) Any provision of this Agreement that is prohibited or unenforceable
in any jurisdiction is ineffective as to that jurisdiction to the extent of
the prohibition or unenforceability. That does not invalidate the
remaining provisions of this Agreement or affect the validity or
enforceability of that provision in any other jurisdiction.
(d) Our failure or delay to exercise a power or right under this
Agreement does not constitute as a waiver of that power or right, and
Our exercise of a power or right does not preclude its future exercise or
the exercise of any power or right.
