1.1 What these terms cover. These are the terms and conditions on which we supply Products to you. If you do not accept these terms and conditions, you must refrain from using the Website to purchase our Products.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.1 Who we are.
2.2 How to contact us.
You can contact us by writing to us at support[at]delseyaustralia.com.au or through our Facebook page at http://www.facebook.com/delseyaustralia
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.5 DELSEY specialises in manufacturing and trading travel and leather goods on its own behalf and/or on behalf of third parties.
3.1 The purpose of the Website is, most notably, the sale of luggage and travel accessories (hereafter “the Products”) via our online store to customers for personal use only. Businesses, wholesale buyers and resellers are not authorised to place orders on the Website but instead are invited to contact DELSEY’s commercial team through the 'Professionals' section on the Website. You declare that you have received all necessary information to use the online store and to understand the features of the Products that are offered for sale on the Website.
The Parties have agreed that the terms below shall have the following meaning:
(a) “Customer” means individuals acquiring goods of a kind ordinarily acquired for personal, domestic or household use or consumption and purchasing Products from our Website;
(b) “Customer Space” means a virtual space in the form of webpages within the Website that are dedicated to the customer and are accessible though the “My Account” tab;
(c) “Online Store” refers to the virtual space in the form of webpages within the Website dedicate to selling the Products;
(d) “Form” refers to the description form of Products offered for sale online in the online store; (e) “Delivery Charges” : there are two methods of delivery: standard delivery, the costs of which are covered by DELSEY, and express delivery, the costs of which are covered by you.
(f) “Return Charges”: there are no return charges if you return the Product by using the return slip provided by DELSEY on the user account. Otherwise the return charges are covered by you.
(g) “Basket” means the summary page of Products selected by you when browsing the Website with a view to eventually placing an order;
(h) “Party” in its singular form refers to either DELSEY or you, and in its plural form to DELSEY and you jointly; (i) “Product” means the Products offered for sale in the online store and that are available on the Website;
(j) “Website” means the Website published by DELSEY and accessible online at www.delseyaustralia.com.au ; (k) “User” means people using the Website, whether they are simply internet users or customers.
5.1 How we will accept your order. Our acceptance of your order will take place when the payment process completes and our system sends you an order confirmation email. At which point, a contract will come into existence between you and the company.
5.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product.
This might be because the Product is out of stock, because of unexpected limits on our resources, which we could not reasonably plan for, because we have identified an error in the price or description of the Product, or because we are unable to meet a delivery deadline you have specified. We are not required to give reasons for rejecting your offer to purchase.
5.3 Your order number. We will assign an order or invoice number to your order and confirm this with you when we accept your order. Please provide this order number whenever you contact us about your order.
5.4 We only sell to Australia. Our Website is solely for the promotion of our Products in Australia. Unfortunately, we do not deliver to addresses outside Australia. If you are based in another country, please visit our global website at delsey.com and choose the page corresponding to your country or to your language.
6.1 Products may vary slightly from their pictures. The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products.
Your Product may vary slightly from those images.
6.2 Availability of Products. We give no undertaking as to the availability of Products advertised on this Website.
6.3 Product packaging may vary. The packaging of the Product may vary from that shown in images on our Website.
If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible.
If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may request us to cancel an order.
Cancellation of an order at your request is at our sole discretion.
8.1 Minor changes to the Products.
We may change the Product:
(a) to reflect changes in relevant laws and regulatory requirements; and;
(b) to implement minor technical adjustments and improvements, for example, to address a security threat.
8.2 Cancellation due to error.
You acknowledge that despite our reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you.
If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
The purpose of the present general terms and conditions is to define the conditions and methods according to which the Products offered on the DELSEY Website are sold. They govern all stages of the transaction from when the order is placed on the Website through to order tracking. These terms and conditions apply to the use of this Website, including the purchase of goods over this Website. In using this Website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this Website.
You warrant to us that:
(a) You are of legal age and have full legal capacity to commit to the present general terms and conditions;
(b) You understand that your acceptance of these terms does not require a handwritten or electronic signature for you to be bound by them. Your acceptance of the present general terms and conditions of sale and to ordering the goods in the basket is provided through your continued use of the Website and you placing an order with us;
(c) You are a consumer, meaning that you are purchasing Products for personal, domestic or household use or consumption and not for any other purpose; and
(d) You have provided accurate and complete information when you create an account with us and agree to regularly update your account information.
11.1 Current version applies to orders.
The General terms and conditions are accessible at all times in the online store under the "General Terms and Conditions" category. You will be bound by the current terms and conditions available at the time you place an order with us.
11.2 Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
12.1 Access to the Website
You must ensure that your access to the Website is not illegal or prohibited by laws, which apply to you. You must take your own precautions to ensure that the process, which you employ for accessing this Website, does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system, which arises in connection with your use of this Website or any linked Website.
Whilst we have no reason to believe that any information contained on this Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Website.
We do not give you any assurances that any information contained on this Website will be suitable for your purposes or that it will be error-free.
You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice. Responsibility for the content of advertisements appearing on this Website (including potential hyperlinks to third parties' own Websites) rests solely with the said third parties. The placement of such advertisements does not constitute a recommendation or endorsement by us of the aforementioned third parties and their products if existing and each third party is solely responsible for any representations made in connection with its advertisement. We make no warranty that goods acquired from us over this Website will meet your requirements.
Details contained on this Website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this Website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this Website.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this Website. We do not accept responsibility or liability of any nature for any such losses, which you may sustain as a result of such activity.
12.2 Suspend the Website
We reserve the right to temporarily or definitively suspend the Website or access to one or several remote services without notification or compensation, in order to carry out works including but not limited to updates, maintenance work or changes to operational methods, servers and access hours. We will not be held liable for losses of any kind that may result from these changes, a temporary period of unavailability or from the definitive closure of all or part of the Website or of its related services. We reserve the right to complete or modify the Website and the services offered on the Website at any time on the basis of technological developments. You will be responsible for monitoring IT and transmission developments so that these operating means can be adapted to developments in the Website.
12.3 Account creation
In order to make a purchase or create a “Wish List”, you must create an account in the “Create an Account” tab. This account can be accessed from the “My Account” tab once you have identified yourself using your personal login and password. The procedure for creating a personal account consists of the following steps:
(a) Step 1: Creating the account: you complete a subscription form by filling in the required fields and providing your email address and creating a password. These details become your login details.
(b) Step 2: You must then validate your account and confirm your acceptance of the general terms and conditions of sale by ticking the appropriate box.
(c) Step 3: Once this information is provided, you must validate the form and then you will receive a confirmation email to your nominated email address.
12.4 Changing your account information
You can change your account information by accessing the “My Account” tab. You must provide a valid email address that will allow us to send an email confirming your subscription or the recovery of or any changes to your password. You must ensure that you will be the only person who has access to the email that authorises the password changing procedure. You will be solely responsible for keeping, storing, and maintaining the confidential nature of your password and any other confidential data that we may provide to you at your nominated email address. You must take all necessary measures in order to ensure full confidentiality. The use of a password assumes that the user to whom the password belongs has used the services offered on the site. You must immediately change your password if it is disclosed to a third party or stolen by resetting it on the Website. An email will be sent to you asking you to change your password. You will be solely responsible for the use of Website when accessed with your password. We will not be held liable in the event of fraudulent or abusive use of the Website or any use resulting from the login or password being voluntarily or involuntarily disclosed to a third party.
12.5 Suspension and closure of a “Member” account
In the event of a suspected fraudulent use of a member account or a breach of the general terms and conditions of sale, we reserve the right to suspend or shut down any account, without compensation or notice period. We will not be held liable for any losses or damages resulting from a breach of any confidentiality obligations. You will be responsible for the use of your account prior to it being shut down.
We take the utmost care when placing information online concerning, in particular, essential features of the Products offered for sale on the Website, the price of Products offered for sale on the Website, warranties and after-sale services, payment and delivery methods, delivery restrictions, the period during which the spare parts required in order to use the Products are available on the market and the option of a mediation procedure in the event of a consumer dispute, before the order is placed. Essential product features, prices and delivery times are displayed on each product description form. This information is also summarised in the basket. Photographs and other graphic illustrations of the Products featured on the Website are simply indicative. You acknowledge that the images, photographs and colours of the items that are for sale on the Website may not correspond to actual colours due to different internet browsers and computer screens used by you. The instructions for use are provided for Products on offer subject to material errors.
14.1 Choice of Products
You can choose from any of the Products presented on the Website at the time you place an order. Placing a Product on your wish list does not mean that the Product is reserved, and you must check if the Product is still available when placing your order. Products that are out of stock are usually indicated on the Website and not available to order. You acknowledge that that you have been informed of the nature, purpose and methods of use of the Products that are available on the Website and you have requested and obtained the necessary or additional information required to place the order in full knowledge of the facts. You are solely responsible for your choice of Products and whether they meet your expectations. You are responsible for ensuring that any accessories you purchase on our Website are compatible with the Product you wish to use them with.
14.2 Product Ordering Process
By placing an order, you confirm that the present general terms and conditions are fully accepted in their entirety. The order procedure consists of the following steps:
Step 1: Products are chosen and placed in the cart;
Step 2: access to the summary of the order in the cart. At this stage, you are able to check the order details and the total price, not including delivery charges, to modify the order, correct any potential errors or cancel the order entirely;
Step 3: you must identify yourself if you have not already done so (either by connecting to an existing customer space, or by creating an account);
Step 4: the invoicing and delivery addresses are correctly entered and selected, as well as the delivery method;
Step 5: a summary of the order, as well as the general terms and conditions of sale, are displayed before the order is validated. At this stage, the customer is also able to check the order details and the total price, including any surcharges corresponding to special delivery, and to modify the order, correct any potential errors or cancel the order entirely.
Step 6: the method of payment is chosen and the order is paid. Once the order is validated and paid, it can no longer be modified by you. We will acknowledge receipt of your order by promptly sending a confirmation email. Orders will only be accepted after payment has been successfully processed. If payment is not successfully processed then the order is cancelled. We will fulfil all accepted orders received by us subject to available stock and we will inform you if an item is unavailable. If an item is no longer available, the order will be cancelled and the payment reimbursed to you.
Prices on our Website are displayed in Australian dollars and include Goods and Services Tax (GST). Prices for each product available for sale on the Website are only valid for the period during which they are display electronically and in real time in the online store. Prices may change on the basis of different criteria, for example during sale or promotional periods. The value of the transaction will necessarily be that indicated at the date and time when you place an order.
The Parties acknowledge that they will have no recourse in the event of an increase or decrease in price after the order has been placed. The displayed prices include GST, if applicable, at the rate in effect at the time of the order. All changes in GST rates will be automatically reflected in the prices of Products offered for sale. The price of Products displayed on the Website do not take into account order potential delivery charges, which are indicated separately. Before the order is confirmed by you, the total amount of the order (price including taxes + potential delivery charges) will be indicated in Australian dollars. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.
You may choose to pay for the order by any of the means indicated in the online order form. We currently accept the following payment methods: - credit cards, Visa and Mastercard; - American Express; - Paypal - Stripe - Afterpay
Deadline and scope : DELSEY grants you the right to withdraw your order during a period of fourteen (14) days and to return any undesired Products, without having to justify your decision. This withdrawal period begins on the day after the Product is received by you. You can return the Products without penalty, with the exception of return charges that are payable by you, as applicable, depending on the method of return you have chosen. How you can return Products: To return one or several Products during the 14 days period after their receipt, please use the withdrawal form available on the DELSEY website, which gives you two options:
In all cases, you are hereby informed that Products must be returned as follows:
18.1 Liability
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable. Subject to that:
a) we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website;
b) any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and
c) except in relation to liability for personal injury (including sickness and death), we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this website or respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
18.2 Acknowledgements
You acknowledge that:
a) prior to entering into these terms and conditions you have been given a reasonable opportunity to satisfy yourself regarding all goods and services which are the subject of these terms and conditions and that prior to entering into these terms and conditions you have availed yourself of that opportunity; and
b) at no time prior to entering into these terms and conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so.
18.3 Vienna Convention
excluded The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to these terms and conditions (by virtue of any law relevant to these terms and conditions) is excluded.
18.4 Limitation of Liability
Pursuant to s 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)):
A. this sub-clause applies in respect of any of the goods or services supplied under these terms and conditions which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this sub-clause will not apply if you establish that reliance on it would not be fair and reasonable;
B. liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by sections 51–53 of that law, is limited:
1) in the case of goods, to any one of the following as determined by us:
a) the replacement of the goods or the supply of equivalent goods; or
b) the repair of the goods; or
c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
d) the payment of the cost of having the goods repaired;
19.1 Delivery of orders We will do our best to deliver the Product on the date or within the timeframe indicated to the customer, and unless otherwise indicated, within a maximum period of thirty (30) days from when the customer placed the order. Delivery times will be indicated to you when you place an order, depending on the chosen method of delivery and delivery address.
The Products will be delivered to the address indicated by you on the online order form. Title in the goods does not pass to you until payment has been received and the goods are delivered to you. Delivery will take place, at the customer’s choice, in accordance with the methods indicated on the Website. The different charges and delivery methods are indicated on the Website. Risk of loss or damage to the goods passes to you upon dispatch.
19.2 Problems with delivery
You must notify us if you do not receive your order within 30 days of placing an order. We will then endeavour to arrange an alternate delivery time within a reasonable timeframe. If the product is not delivered within 30 days after confirmation of our acceptance of your order is sent to you, and we have not arranged for an alternate delivery time, you may terminate the agreement between the Parties by an email written letter to us at support[at]delseyaustralia.com.au.
The contract will then be considered terminated upon receipt by us of the written notice of termination, unless this termination has already taken place in the meantime.
The use of the ordered product may be subject to instructions for use and safety instructions. You must read and comply with the instructions for use and safety recommendations contained in these documents, including those displayed and updated online on the Website.
21.1 Commercial warranty An additional commercial warranty may be offered by us for a period set out in the online Product description. You should refer to that document for further information.
21.2 Legal warranty Irrespective of the warranty granted as described above, you also have rights under the Australian Consumer Law. Any claims under these warranties may be made to DELSEY at the following email address: support[at]delseyaustralia.com.au
We respect your personal information. The collection, use, storage and transfer of your personal information is carried out in accordance with our privacy policy which is accessible here: http://www.delseyaustralia.com.au/privacy-policy/ .
23.1 Intellectual property These terms and conditions do not transfer of any property rights corresponding to our Products to you. The content of our Website, its general structure, as well as the trade marks, drawings, models, animated or non-animated images, texts, photographs, logos, graphic charts, software and programmes, search engines, databases, sounds, videos, domain names, design, know-how, patents and all other elements that make up the Website including but not limited to the above or any other information contained in the Website, are the exclusive property of DELSEY, our group entities, related bodies corporate or partners or third parties which license such rights to DELSEY, and are protected in particular by intellectual property rights.
Any full or partial reproduction or representation of one or more of these elements without our express permission is prohibited and constitutes an infringement of our rights. Similarly, all of DELSEY’s trade marks, distinguishing marks, plans, studies, projects, operating or setup instructions, photographs, technical and commercial documents and models, in particular those related to sold Products, as well as all IT and application programmes, codes and information remain our exclusive property.
You are prohibited from engaging in any behaviour or actions likely to directly or indirectly infringe upon DELSEY’s intellectual property rights. In particular, you agree to comply with all end user licence contracts that may apply to the ordered Products. You also agree not to in any way erase, remove or obscure DELSEY’s ownership marks or those of the product licensors, or, conversely, ostensibly display such ownership marks, labels or notices on counterfeit Products. This term remains in effect after the present terms and conditions expired for any reason whatsoever, for as long as required.
23.2 Copyright
Copyright in this Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means: adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or commercialise any information, Products or services obtained from any part of this Website; without our written permission.
23.3 Trade Marks
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark. If you use any of our trade marks in reference to our activities, Products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks: - in or as the whole or part of your own trade marks; - in connection with activities, Products or services which are not ours; - in a manner which may be confusing, misleading or deceptive; - more generally without our prior written consent. - in a manner that disparages us or our information, Products or services (including this Website).
23.4 Restricted Use
Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use. You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Website.
23.5 Links In this Website
This Website may contain links to other Websites (“linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked Websites.
Our links with linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked Websites, or of any information, graphics, materials, Products or services referred to or contained on those linked Websites, unless and to the extent stipulated to the contrary.
To this Website Except on the terms of any content agreement separately agreed by us, we give no licence to exercise any intellectual property rights in anything (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via this Website (“materials”). Without limiting the preceding sentence, any uses or disclosures (including reproductions and communications to the public) of any materials by you and by any controlled persons must be subject to you:
• ensuring that those uses and disclosures are undertaken at your and their own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
• ensuring that all links to any materials are never presented or useable in a way where the presentation or use of the link does not make it obvious to a viewer or user of the links or linked materials that the source of the materials is this Website;
• ensuring that anyone by whom your and their links to the materials may be used or disclosed are the same as those who may access the materials directly from this Website;
• ensuring that anyone by whom your or their links to the materials may be used or disclosed are not able to circumvent limits (including technological restrictions and as to location) applying in respect of the materials were the materials to be accessed or sought to be accessed directly from this Website rather than via their links; and being otherwise subject to our directions, including any take down, cease or desist directions.
24.1 Entire Agreement
These general terms and conditions of sale represent the entire agreement between the Parties. Neither of the Parties may integrate a general or specific condition into this contractual document.
24.2 Headings
In the event of difficulties in interpreting this contract resulting from a contradiction between any of the headings of the present terms and conditions and the articles themselves, the titles will be deemed non-existent.
24.3 Invalidity
In the event of one or more of the provisions contained in these general terms and conditions being deemed void or declared void under the terms of a law, regulation, or following a final decision issued by a competent jurisdiction, the other provisions remain in full force and effect.
24.4 Waiver
No right under this agreement may be deemed waived except by notice in writing signed by the party waiving the right. A waiver by us pursuant to this term will not prejudice our rights in respect of any subsequent breach of this agreement by you.
24.5 Assignment
We may assign any right under these terms and conditions to a third party without prior written notice to you (for example in the event of a change of ownership). Any purported assignment of your rights by you is void.
24.6 Independent Parties
Neither Party may commit in the name or on behalf of the other Party. Furthermore, each Party remains solely responsible for its actions, claims, commitments, service provisions, Products and staff.
24.7 Sub-contracting
You authorise us to employ any sub-contractors of our choice to perform the present terms and conditions and provide the services. If we engage a subcontractor to perform our obligations under these terms, you consent to us disclosing all information necessary in order for the present terms and conditions to be performed by our sub-contractors, such information will be disclosed by us in accordance with our privacy policy.
You acknowledge and agree that each of the following: - the Website is provided on an “as is” and “as available” basis and we make no warranties or guarantees in respect of uptime for the Website; and - due to the nature of the Website, we do not promise that it will be continuous, accessible at all times or fault-free. Subject to the Australian Consumer Law, we are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the Products, the provision of or failure to provide the Website or an order, or for any content obtained through our Website, whether based on contract, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages. We also exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages in relation to your use of our Website. We will not be liable for the proper performance of our obligations under these terms and conditions due to a case of force majeure or an unforeseen or insurmountable act carried out by a third party.
The online electronic acceptance of the general terms and conditions has the same probative value between the parties as a written agreement. The computerised register saved on our IT system shall be stored under reasonable security conditions and considered proof of communication and of orders placed and payments made between the parties. The register shall be considered evidence until proof to the contrary is provided. We will archive contractual documents, orders and invoices, which may be used as evidence.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. If a dispute arises between us in connection with these terms and conditions, one Party may give the other Party a notice of the dispute. For the next 30 days after the notice is received by the other Party (or any other period agreed by the parties to the dispute), the Parties to the dispute must meet and negotiate genuinely and in good faith to resolve the dispute. If they do not resolve the dispute within the period, they must meet and negotiate genuinely and in good faith (for a period of 14 days or any other period they agree) to agree on a process to resolve the dispute, including a timetable, appointment and payment of a third party if appropriate (such as a mediator or arbitrator), location of meetings, and any procedural rules. The Parties agree that they must attempt to reach an objectively fair and reasonable solution to any dispute. If a dispute is not resolved or a dispute resolution process is not agreed, in each case within the period in this clause, a Party may terminate the dispute resolution process by notice to the other Parties.
These terms and conditions are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
Last updated: 8th August 2018
