PART A: INTRODUCTION
These terms govern the use of customretrocoolers.com.au website. By accessing, using, browsing, registering with, contributing to or purchasing from any area of the Website, you agree that your access to, use of, and purchase of any goods from the Website is subject to these terms and all applicable laws, and is at your own risk. When purchasing goods from the Website, these Terms and Conditions form a contract between the customer (you) and Custom retro Coolers ACN 606 223 885 and apply to the ordering, purchase, fulfilment and delivery of goods from the Website. Please read these Terms and Conditions carefully before placing your Order as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
We may amend or update these terms and conditions at any time by posting any changes at this Website, without providing notice to you. By continuing to access and use this Website, you will be deemed to have agreed to any changes or updates to these terms set out the entire agreement between you and Custom Retro Coolers and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.
If you do not understand these Terms and Conditions contact us via email at firstname.lastname@example.org
The following definitions are used in these Terms and Conditions.
Custom Retro Coolers means online retail outlet trading under the name Custom Retro Coolers
Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
Delivery Agent means the nominated third party delivery or shipping company for Custom Retro Coolers Online.
Delivery included means the fees charged by the Delivery Agent of Custom Retro Coolers for the delivery of Goods are included.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Order means a request by you to purchase Goods from Custom Retro Coolers Online in accordance with these Terms and Conditions.
- where Australia has been nominated within the delivery address, the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, in Australia, the specified price includes GST);
- where a country other than Australia has been nominated within the delivery address, A quote for shipping will be supplied.
ACN 606 233 885.
PART B: SPECIFIC TERMS AND CONDITIONS FOR THE SALE OF GOODS ON THE CUSTOM RETRO COOLERS WEBSITE
3. PLACING ORDERS FOR GOODS
3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.
3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (which, includes GST for deliveries to Australia) plus any Delivery Fee as specified at the time you submit your Order. That offer cannot be withdrawn by you without our prior consent.
3.3. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Custom Retro Coolers Online will not be liable to you for your loss or those of any third party for a delay or failure to process fulfils or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. Without limitation, if you provide inaccurate shipping details in an Order, Custom Retro Coolers is under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to Custom Retro Coolers . You agree to obtain consent from the recipient of a gift when providing their personal details to Custom Retro Coolers Online.
3.4. You may Order from Custom Retro Coolers Online if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
3.5. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law.
3.6. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7. Subject to clause 3.3, you can order as many Goods as you would like in an Order up to the total Order value of AU$3,000.
3.7. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre.
3.8 In submitting an Order you represent and warrant to Custom Retro Coolers Online that:
- you are over the age of 18;
- you have read and agree to these Terms and Conditions; and
- you have complied with all applicable Laws.
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1 Custom Retro Coolers Online reserves the right to accept or reject your Order for any reason at any time. Without limitation, due to legal and other restrictions applicable for orders placed for international delivery, some of our products may not be available for delivery to certain locations outside Australia. Custom Retro Coolers retains the right to determine what it can and cannot deliver to any particular location.
4.2 When we accept an Order, it represents an agreement by Custom Retro Coolers Online to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order wherever possible. Custom Retro Coolers Online will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Custom Retro Coolers Online is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.
5. AVAILABILITY OF GOODS
5.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs,Custom Retro Coolers Online will use reasonable endeavours to contact you within five (5) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Custom Retro Coolers Online is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Custom Retro Coolers Online will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.
5.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Custom Retro Coolers Online will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions.
5.4 You acknowledge and agree that:
- All pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ slightly in real life but every attempt is made to make the image as close to the real item as possible;
- The colour of Goods as shown on the Website may vary slightly in shade in real life but every attempt is made to match the image as close to the real item as possible.
- Where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
- any accessory featured with the Goods is for illustration purposes only. i.e bottles, cans, food.
6. PRICE AND PAYMENT
6.1 The Price in respect of a Good is specified on the Website and is dependent on the delivery address nominated.
6.2 Prices are displayed in Australian Dollars. Where a delivery address within Australia has been nominated, the Price includes Australian GST (currently 10%). Where a delivery address outside Australia has been nominated, the Price will not include Australian GST and additional Taxes may be payable by you as levied by authorities in the country of delivery upon importation to that country. If goods are over the relevant country’s threshold and customs entry is required, there will also be an additional admin charge from our logistics partner for handling the customs clearance.
6.3 You will be charged the Price in Australian Dollars regardless of your delivery location. Any currency conversion fees or rates used to determine the amount you pay for the Goods is determined by your credit card provider or Paypal. We are not liable for any difference between the Price quoted on the site and the actual amount charged to you for the Goods as determined by the fees and conversion rate used by your credit card provider or Paypal.
6.4 Custom Retro Coolers Online reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause 5.3 will apply).
6.5 In respect of any Order, we will charge you and you agree to pay to us:
- the Purchase Price (which is the Price at the time the Order is submitted in Australian Dollars); and
- the Delivery Fee (if any).
6.6 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website from time to time, which includes but are not limited to credit card or Pay Pal. When paying by credit card, you authorise Custom Retro Coolers Online to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
6.7 You acknowledge and agree that any payment in respect of an Order must be cleared by Custom Retro Coolers Online before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
6.8 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.9 You will receive an invoice by email once payment in respect of your Order has been processed.
6.10 Custom Retro Coolers Online uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
7.1 Custom Retro Coolers uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address being supplied to the Delivery Agent for the purpose of delivering your Goods.
7.2 Indicative delivery time frames are 5 to 10 working days from placement of order, depending on delivery location. Dispatch is from Melbourne Victoria, Australia.
- Custom Retro Coolers Online cannot guarantee that delivery will occur in the stated delivery time frames;
- delivery time frames may change from time to time due to unforeseen circumstances; and
- except where required by applicable law, Custom Retro Coolers Online is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
- You acknowledge and agree that notwithstanding anything else stated on the Website:
7.3 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit separate Orders for Goods where you require multiple delivery destinations.
7.4 If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you notifying you where the Goods have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card.
7.5 Where you do not collect your Goods from the outlet specified on the calling card within the time required of a failed delivery, you must contact our Customer Service Centre using the details provided at the start of these Terms and Conditions for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
7.7 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact our Customer Service Centre as soon as practicable using the details provided at the start of these Terms and Conditions. You should let us know about any defective, damaged, missing and incorrect Goods as soon as possible at email@example.com
7.8 You warrant to Custom Retro Coolers that any nominated representative receiving the Goods on your behalf at the delivery Address is duly authorised by you to do so.
8. RISK AND TITLE
Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
9. ORDER CANCELLATIONS AND RETURNS
9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us.
9.2. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you (and any applicable Delivery Fee) in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Custom Retro Coolers Online is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
9.3. It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Custom Retro Coolers Online is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website or any Custom Retro Coolers ’ related third party social networking site or page constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website. We have the right (but no obligation) to remove any Submissions you make on the Website if, in our opinion, such Submission does not comply with the content standards set out below (including the spirit of those standards).
11. RULES FOR SUBMISSIONS
Please be polite and only write in English.
11.1 You confirm that the Submission is your own and that the content does not infringe the material, trade marks or intellectual property rights of others.
11.2 If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
- Submissions should not include:
- profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
- remarks making criminal accusations, or false, defamatory or misleading statements
- material which impersonates others
- spam or advertising
- third party brand names or trade marks
- personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
- HTML code, computer script or website URLs
- availability, price or alternative ordering or delivery information
- information about Custom Retro Coolers suppliers or manufacturers
- Custom Retro Coolers, in its absolute discretion, reserves the right to:
- not publish the Submission or remove it
- take any appropriate action if deemed necessary
- remove reviews which relate to seasonal products which are no longer in season
12. LIMITATION OF CUSTOM RETRO COOLER’ LIABILITY
12.1 Subject to any non-excludable liability (including under consumer laws), and the express provisions of these Terms and Conditions, Custom Retro Coolers will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury, in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through the Website, including your membership of Custom Retro Coolers and Me, or resulting from use of goods or services supplied to you, or on your behalf, through the Website.
12.2 Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Custom Retro Coolers or Custom Retro Coolers ‘ Associates in connection with goods or services supplied to you will, at the election of Custom Retro Coolers, be limited to:
- In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
- In relation to services, the supply of the services again or the payment of the cost of having the services supplied again. The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded (including in Australia, under the Australian Consumer Law).
12.3 To the extent permitted by law, our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.
14.1 Personal Information, such as your contact details, that you provide to us during the Order process is for the purpose of processing your Order and improving our order process in accordance with Custom Retro Coolers .
14.2 You represent and warrant to Custom Retro Coolers that all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Custom Retro Coolers;
15. VIRUS WARNING
All care is taken to ensure that the Website and data transmissions are free from viruses. However Custom Retro Coolers cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on the Website, and you release Custom Retro Coolers entirely of all responsibility for any consequences of its use.
17. THIRD PARTY SITES
17.1 The Website may contain links to third party sites. Custom Retro Coolers is not responsible for the condition or content of those sites as they are not under Retro Esky’ control. You access those sites and/or use the site’s products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Custom Retro Coolers of the sites or the products or services provided on the site. Custom Retro Coolers does not permit any linkages to the Website without prior permission.
17.2 Any third-party advertising on Custom Retro Coolers ’ pages of third party social networking sites are not the responsibility of, or endorsed by, Custom Retro Coolers . All rights, including copyright in Custom Retro Coolers ’ pages, are owned by or licensed to Custom Retro Coolers Any use of any Custom Retro Coolers ’ social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Custom Retro Coolers . All worldwide rights reserved.
18. ELECTRONIC COMMUNICATIONS
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If located in New Zealand, you agree to be bound by any agreement reached through electronic communications as provided in the Electronic Transactions Act 2002.
19. SECURITY AND VIRUSES
Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.
Custom Retro Coolers reserves the right to, at its discretion, terminate your access to and use of the Website:
- for convenience, at any time, upon provision of notice to you;
- immediately: if Custom Retro Coolers reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or ii. if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
22.1 The Website may be accessed from Australia or overseas.Custom Retro Coolers makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.
22.2 Custom Retro Coolers reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Custom Retro Coolers with respect to that Order.
22.3 Custom Retro Coolers may give notice to you by electronic mail via the details you have provided to us at the Website. You may give notice to us by emailing us here. firstname.lastname@example.org
22.4 Any provision of these Terms and Conditions 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 these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
22.5 A failure or delay by Custom Retro Coolers to exercise a power or right under, or enforce strict performance with, these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Custom Retro Coolers does not preclude its future exercise or the exercise of any power or right.