Terms of Use

  • This website at www.abdskatesupply.com.au is a shopping website where you can browse, select and order goods from ABD Skate Supply Pty Ltd ABN 82 622 093 083 (we, us or our).
  • These Terms of Use apply to your use of the Website.
  • By using the Website, you agree to be bound by these Terms of Use.  If you do not agree to these Terms of Use, you must not use the Website.
  • We may amend these Terms of Use from time to time, without providing notice to you, by posting an updated version of the Terms of Use on the Website.  Accordingly, you should regularly check these Terms of Use for any amendments.  If these Terms of Use are amended, you must comply with the amended Terms of Use.  If you do not agree to the amended Terms of Use, you must immediately stop using the Website.

Disclaimer

  • You acknowledge and agree that your access to, and use of, the Website is at your own risk.
  • For clarity, all information on the Website is provided on an ‘as is’ basis and is subject to updates from time to time.  While we aim to ensure that the information on the Website is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy.  Accordingly, we cannot and do not warrant or guarantee that the information on the Website is (or will be) current, complete or accurate at all times.
  • In addition, we do not warrant that:
  • the Website is free from any computer viruses or other defects; or
  • your access to the Website will be continuous, error-free or uninterrupted.

Liability

  • Subject to clauses 9 and 10 below, to the maximum extent permitted by law:
  • all representations, warranties, conditions, guarantees, rights, remedies, indemnities or undertakings that would be implied in, or affect, these Terms of Use by legislation, common law, tort, equity, or by course of performance, dealing, trade, custom or usage are excluded; and
  • we are not liable to you for any loss, damage, cost or expense (whether direct, indirect, special, consequential, punitive or exemplary) incurred by you in connection with your use of the Website (whether arising under contract, in tort (including negligence) or otherwise).
  • Nothing in these Terms of Use excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement (Non-Excludable Guarantee).
  • To the maximum extent permitted by law, our liability for breach of a Non-Excludable Guarantee is limited, at our option, to:
  • in the case of goods, any one or more of the following:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired; or
  • in the case of services:
  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again.

Copyright and other intellectual property rights

  • All copyright and other intellectual property rights in the Website (including all trade marks appearing on the Website) are owned by us and/or our licensors.

Licence

  • We grant you a limited, revocable and non-exclusive licence to access and make personal use of the Website.  For clarity, this licence does not grant you rights in respect of:
  • any resale or commercial use of the Website or its contents;
  • any collection and use of any product listings, descriptions or prices;
  • any derivative use of the Website or its contents;
  • any downloading or copying of account information for the benefit of another merchant; or
  • any use of data mining, robots, or similar data gathering and extraction tools.
  • We grant you a limited, revocable and non-exclusive right to create a hyperlink to the Website so long as the link does not portray us, or our products or services, in a false, misleading, derogatory or otherwise offensive manner.  If requested by us, you must remove any hyperlink to the Website contained on your website or any other digital content.  You may not use any of our logos or other proprietary graphic or trade mark as part of the link without our express prior written consent.

Your obligations

  • You must ensure that:
  • all information and data provided by you to us through the Website (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date; and
  • you comply with all relevant laws relating to your use of the Website.
  • You must not:
  • use the Website for any activities that breach any laws, infringe any person’s rights (including intellectual property rights) or are contrary to any relevant standards or codes;
  • use the Website in a manner or way, or post to or transmit to or via the Website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Website;
  • use any metatags or any other hidden text using our name or trade marks without our express prior written consent;
  • make fraudulent or speculative enquiries, purchases or requests through the Website;
  • use another person’s details without their permission or impersonate another person when using the Website;
  • post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
  • tamper with or hinder the operation of the Website;
  • knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website;
  • use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Website;
  • modify, adapt, translate or reverse engineer any portion of the Website;
  • remove any copyright, trade mark or other proprietary rights notices contained in or on the Website;
  • reformat or frame any portion of the web pages that are part of the Website;
  • create accounts by automated means or under false or fraudulent pretences;
  • use the Website to violate the security of any computer or other network or engage in illegal conduct;
  • take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
  • use the Website other than in accordance with these Terms of Use; or
  • attempt any of the above acts or engage or permit another person to do any of the above acts.
  • We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms of Use.  You must immediately comply with any such request.  We may immediately terminate and block your access to the Website or the services provided by the Website for any reason, in our sole discretion.

Your acknowledgements

  • You acknowledge and agree that:
  • you are responsible for any costs associated with your access to or use of the Website, including internet access fees;
  • you are responsible and liable for any activity by any person who uses your username and password (including any order); and
  • you will check the labels on any goods purchase through the Website before consumption or use.

Third party links

  • The Website may contain links to other sites over which we have no control.  Those links are provided for your convenience only, and we are not responsible for their use, effect or content.  We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.
  • We recommend that, before you visit any website, you check that your computer is running up-to-date virus checking software.

Suspension, withdrawal of or changes to the Website

  • We reserve the right to:
  • suspend your use of, or withdraw, the Website and/or any of its features or components; and
  • add to, amend, remove, or disable access to, any part of the Website,

at any time and for any reason, without notice to you.

Terms of Trade

  • If you purchase any goods via the Website, you must agree to our Terms of Trade which are available at [insert hyperlink].

Security

  • When collecting credit card information for online purchases, we offer secured server transactions that encrypt your information in transit to prevent others from accessing it.  All information is stored on a secure server.  Your credit card details are encrypted and then removed from our system once your order has been dispatched.
  • Although we use reasonable endeavours to safeguard the security of your information, transmissions made on or through the internet cannot be guaranteed to be entirely secure.  Please contact your financial institution immediately if you become aware of any unauthorised use of your account or credit card.
  • You will need to register to use certain parts of the Website.  When registering, you will be required to nominate a username and password.  You must keep this username and password safe and must not disclose this information to any third party.  If you become aware of unauthorised use of your account, please notify us immediately.

Cookies

  • If your web browser is set up to accept cookies, a cookie will be stored on your device when you visit the Website.  Cookies allow us to collect information about your device, which may include your IP address, type of browser, operating system, domain name, and the details of any website which has referred you to the Website.  We use cookies to track and collect information about which parts of the Website and our newsletters (including links to other websites) are being visited by you.
  • Cookies also allow us to recognise your device while you are on the Website.  This information is used to maintain the quality of our service and to provide tracking and statistics regarding the use of the Website.
  • If you would rather not have a cookie stored on your device, you may configure your browser so that it does not accept cookies.  However, if you disable cookies you may not be able to use the Website or some of its features.

General

  • We do not waive a right, power or remedy in connection with these Terms of Use if we fail to exercise, or delay in exercising, the relevant right, power or remedy.
  • These Terms of Use are governed by the laws of New South Wales, Australia.  You submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to determine appeals from those courts with respect to any proceedings that may be brought at any time in connection with these Terms of Use.

[Insert date of posting]

Terms of Sale

  • This page gives you information about ABD Skate Supply Pty Ltd ABN 82 622 093 083 (we, us or our), and the legal terms and conditions (Terms of Sale) on which we sell products to you through our website (www.abdskatesupply.com.au).
  • These Terms of Sale apply to any contract for the sale of Products by us to you.  Please read these Terms of Sale carefully and make sure that you understand them before using the Website to place Orders.
  • Please note that before placing an Order or making a payment, you will be asked to agree to these Terms of Sale.  If you refuse to accept these Terms of Sale, you will not be able to purchase any Products.
  • You should print a copy of these Terms of Sale or save them on your device for future reference.
  • We may amend these Terms of Sale from time to time, without providing notice to you, by posting an updated version of the Terms of Sale on the Website.  However, for clarity, if you have an Order that has been accepted by us, the Terms of Sale that apply to that Order are the Terms of Sale that applied at the time you placed that Order.
  • Every time you wish to place an Order, please check these Terms of Sale to ensure you understand the terms which apply at that time.

Definitions

  • In these Terms of Sale:

Order means an order for Products;

Products means the products you order on the Website; and

you means the organisation or individual who is ordering products on the Website.

Registration

  • You may complete the customer registration process through the Website before placing an Order.
  • You must not have more than one active account, and your account is non-transferable.  You may update, edit or terminate your account at any time through the Website.
  • If you choose to use a workplace email address for your account or to access the Website, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.

Orders

  • You may order Products by selecting and submitting your Order through the Website in accordance with the then-current Terms of Sale.
  • Any Order placed through the Website is an offer by you to purchase the particular Products for the price notified (including the delivery and other charges and taxes) at the time you place the Order.
  • We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Website.
  • You must provide us with current, complete and accurate details when asked to do so by the Website.
  • We may restrict the quantity of Products which can be purchased in one Order, or by one person, household or address during a particular of time.  Any quantity restrictions will be stated on the online product page, in advertising materials or otherwise advised by us.

Acceptance or rejection of an Order

  • We reserve the right to accept or reject any Order for any reason, including if:
  • any requested Product is not available;
  • there is an error in the price or the product description posted on the Website or Order; or
  • if we deem the Order to be in violation of the product quantity restrictions.
  • Each Order that we accept forms a separate binding contract between you and us for the supply of the relevant Products.
  • If we reject an Order, we will notify you as soon as reasonably practicable and refund to you any payment already made in full.
  • All Products ordered are for personal use and gifting only.  They must not be resold in any form or any place.  We reserve the right to take legal action against unauthorised and unofficial sale of the Products.

Cancellation of an Order by us

  • Before the dispatch of an Order, we may cancel all or any part of that Order (even if we have accepted that Order) without any liability to you for that cancellation if:
  • any requested Products in that Order are not available;
  • there is an error in the price or the product description posted on the Website in relation to the relevant Product in that Order; or
  • that order has been placed in breach of the Terms of Sale.
  • If we cancel your Order, we will notify you as soon as reasonably practicable and refund to you the payment already made for the cancelled Products.

Delivery of Products

  • We use reasonable endeavours (but do not guarantee) to deliver an Order within 10 working days (ie Monday-Friday, excluding public holidays) from the date we accept that Order.

Prices and payment

  • All prices on the Website are in Australian dollars and are inclusive of GST (unless otherwise indicated).  Prices are subject to change without notice.
  • We will charge you, and you agree to pay, the following fees and charges in relation to an Order (as applicable):
  • the purchase price of each Product that is ordered;
  • the delivery fee for delivering the Products to you.  Please note that a number of different delivery methods may be used depending on the type of the Order; and
  • any other applicable fees and charges.

(together the Order Amount)

  • You must pay the Order Amount at the time of submitting the Order.  We accept Visa, Mastercard, PayPal and afterpay.  We reserve the right to vary our accepted payment methods at any time without notice.  You must not pay, or attempt to pay, for an Order through any fraudulent or unlawful means.  If your payment is not able to be successfully processed, or if we suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the Order.  Any payment for an Order must be cleared by us before the Products are dispatched.

Liability

  • Subject to clauses 27, 28 and 29 below, to the maximum extent permitted by law:
  • all representations, warranties, conditions, guarantees, rights, remedies, indemnities or undertakings that would be implied in, or affect, these Terms of Sale by legislation, common law, tort, equity, or by course of performance, dealing, trade, custom or usage are excluded;
  • we are not liable to you for any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity or expectation, and any and all indirect, special, consequential, punitive or exemplary losses or damage incurred by you in connection with the Products (whether arising under contract, in tort (including negligence) or otherwise); and
  • our total liability arising out of or in connection with the Products or these Terms of Sale, (whether arising under contract, in tort (including negligence) or otherwise) will not exceed the Order Amount for the relevant Order.
  • Nothing in these Terms of Sale excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement (Non-Excludable Guarantee).
  • To the maximum extent permitted by law, our liability for breach of a Non-Excludable Guarantee is limited, at our option, to:
  • in the case of goods, any one or more of the following:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired; or
  • in the case of services:
  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again.
  • Our liability to you for loss or damage of any kind is reduced to the extent (if any) that you cause or contribute to the loss or damage.  This reduction applies whether our liability is under contract, in tort (including negligence) or otherwise.

Refunds and returns

  • Products purchased on the Website can be returned by post or in-store.  Our store address is:

ABD Skate Supply
6/6-14 Oxford Street
Darlinghurst  NSW  2010
Australia

  • Should you make an error when ordering online, we will gladly exchange your item for the item you intended to purchase.  The returned item must be unopened and in its original saleable condition.  If applicable, you are responsible for the shipping and additional postage charges.
  • Should an item be damaged while it is being shipped to you by us, we will provide you with a full refund or exchange.  Return postage will be reimbursed in case of damaged, defective or incorrectly sent items and a reimbursement will be issued in the original form of payment.
  • In all cases, original proof of purchase must be provided and Products must be returned within 7 days of receipt for us to process any refund or exchange.  Please telephone [(02) 9356 3653] or email to [insert ABD email address] in advance of your intentions to return or exchange a product, so that our staff can assist you with a smooth transaction.
  • Please retain your postal receipt from the provider until you are certain your parcel has been safely received by us.  We may need to see this if we fail to receive your package.
  • In cases of return by post, we will do our best to process returns within 5 working days (ie Monday-Friday, excluding public holidays) of receipt, and a reimbursement will be issued in the original form of payment.

Force Majeure

  • If we are delayed or hindered in or prevented from performing any of our obligations in respect of an Order because of any event or circumstance beyond our reasonable control, we will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.

GST

  • Where we make a Taxable Supply to you under or in connection with these Terms of Sale and the consideration otherwise payable for the Taxable Supply does not include GST, we are entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from you the amount of any GST on the Taxable Supply.
  • In these Terms of Sale:

GST means the tax payable on Taxable Supplies under the GST Legislation;

GST Legislation means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax; and

Taxable Supply has the meaning given to it in the GST Legislation.

General

  • If the whole or any part of a provision of these Terms of Sale is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction.  The remainder of these Terms of Sale has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.  This clause has no effect if the severance alters the basic nature of this agreement.
  • All Orders and these Terms of Sales are governed by the laws of New South Wales, Australia.  You submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to determine appeals from those courts with respect to any proceedings that may be brought at any time in connection with these Terms of Sales.

[06.11.2018]

 

 

 

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