TERMS AND CONDITIONS OF SALE
In these Terms:
Australian Consumer Law
means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State Fair Trading legislation.
means a day other than a weekend or public holiday in the place, which the Goods are delivered.
means Golf Swing Right Now Pty Ltd (ACN) who sells the Goods to the Customer(s).
means the purchaser of Goods from the Company.
means all goods sold and/or delivered by the Company to the Customer and includes services where the Company provides services to Customers.
means the goods and services tax as imposed by the GST Law together with any related interest, penalties, fines or other charge. “GST Amount” means any payment (or the relevant part of that payment) multiplied by the appropriate rate of GST.
Has the meaning given to that term in A New Tax System (Goods and Services) Act 1999, or, if that Act does not exist for any reason, means any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act. “Patent” means patent pending number PCT/AU2010/000318
Has the meaning given to that term by the GST Law. “Terms” means these terms and conditions of sale.
means Swing Right Now, which is a registered trademark 1318254.
These Terms apply to all contracts for the sale of Goods by the Company. No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing. The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid to the Company in full in cash or cleared funds.
Risk and Insurance
The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.
Inspection and Returns
Unless the Customer has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition. If such notice is given within 2 days of inspection the following returns policy will apply. The Company will provide instructions for returning the Goods to the Company at the Customers expense, and if upon the Company’s inspection of the Goods, they are indeed not in good order and condition either the purchase price plus the return cost will be refunded to the Customer or the Goods will be resupplied to the Customer.
Refunds of Non-Defective Goods
The Company has a no refund policy, unless the Company is required to refund under Australian Consumer Law. If the Company is required by Law, to refund the Goods, the Customer must return the Goods at their own expense.
No order may be cancelled, modified or deferred without the prior written consent of the Company, which is at the Company’s sole discretion. If such consent is given, it is at the Company’s election, subject to the Company being reimbursed all costs incurred, including any loss of profits, and paid a cancellation fee being not less than 20% of the invoice price of the Goods.
All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer. The provisions of any act or law including but not limited to the Competition and Consumer Act 2010 implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negative and excluded to the full extent permitted by law. The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control, including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
Use of Goods
The Company warrants that the Goods are fit for there specific use as listed on the product packaging, are merchantable and meet any description the Company have provided. All other warranties and representations, except those, which are nonexcludable in law, are excluded. The Company will not be liable if you have failed to follow the instructions provided by the Company regards the use of the Goods, modified the Goods or used them for an unintended purpose.
These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and the Customer agrees to submit to the jurisdiction of those Courts. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Limitation of Liability
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the Goods again or payment of the costs of having those Goods supplied again. The Company accepts no liability for any loss whatsoever including consequential loss suffered by you arising from Goods the Company have supplied.
Governing Terms and Conditions
These are the only terms and conditions, which are binding upon a Company with the exception of those otherwise agreed in writing by the Company which is imposed by a statute such as the Australian Consumer Law and which cannot be excluded. Any direction by the buyer either verbal or written to procure the Goods from the Company will be deemed as acceptance by the buyer of these terms and conditions, despite any provisions to the contrary in the direction or any purchase order issued by the buyer.
Pricing and Availability
Prices are subject to change at any time and the Company reserves the right to suspend or discontinue the supply of Goods to the buyer on reasonable grounds without being obliged to give any reason for its action.
Dimensions, Performance Data and Other Descriptive Details
Photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a quotation, descriptive literature or a catalogue approximate the Goods offered but may be subject to alteration by the Company without notice. To the extent permitted by statute, any performance data provided by the Company, a supplier or a manufacturer is an estimate only and should be construed accordingly.
Shipment and Delivery
A delivery charge will apply to all deliveries with the exception of back order deliveries, which are part of an original order that has been partly fulfilled.
Default of Buyer
If these terms and conditions are not strictly observed by the Customer, the Company may in its absolute discretion, refuse to supply to the buyer and the Company shall not be liable to the buyer for any loss or damage the buyer may sustain as a result of such refusal. The costs of collection of any moneys are due and payable by the buyer, including the fees of any agent or lawyer engaged by the Company.
Use of Website
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and the Company expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which the Company shall not be liable. It shall be your own responsibility to ensure that any Goods or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give to a claim for damages and/or be a criminal offence. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that the Company endorse the website(s). The Company have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without the Company’s prior written consent. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Queensland.
Intellectual Property Rights
You acknowledge and agree that the website and its contents, including, but not limited to, all photographs, information, data, text, product descriptions, software, music, sound, graphics, video, messages, tags and/or other materials (collectively, the “Content”) are proprietary or confidential information that belongs exclusively to the Company and is protected by applicable copyright, trademark, trade secret, patent or other proprietary rights and laws. You are not authorised to reproduce, republish, distribute, transmit, modify, sell or otherwise use the Content, or to create derivative works based on the Content, in whole or in part, without the Company’s express written authorisation. Without limiting the foregoing, you are not authorised to use the Content in order to gain a competitive advantage, for marketing purposes (including third-party solicitations), to harass, abuse or harm others, or in a way that otherwise exceeds the scope of your authorised access to this website. In addition, you are not authorised to use, access, search or obtain data from the Content of this website by using any deep-link, framing, page scrape, robot, spider or other automatic device, program, algorithm or similar methodology. The Company grants you a personal, non-transferable and non-exclusive right and license to use the Content on a single computer for non-commercial purposes only and subject to all other Terms and Conditions herein. Any unauthorised use terminates the permission or license granted by the Company. The Trademark is a registered trademark of the Company. You are not authorised to display or use in any manner this Trademark or any other trademark of the Company any without our prior written consent. The product designs and product materials used for the Company’s Goods are the exclusive property of the Company and are protected by applicable copyright and other proprietary rights and laws. You are not authorised to reproduce, sell or otherwise use these designs or materials, in whole or in part. The Company takes its intellectual property rights seriously and monitors and vigorously pursues any infringers. “The Company wishes you all the enjoyment with the Swing Right Now Golf Aid”