GENERAL CONDITIONS FOR USE OF THIS WEBSITE
In the context of this website, "we", "our" and "us" means SHOPOOLY ABN 82 991 245 88 and "you" and "your" means you, the user or customer of this website.
The use of the term "product" includes the plural "products".
Except if otherwise required by law the following Terms and Conditions, the Contract of Sale and our Privacy Statement govern your use of this website. They describe the rights and responsibilities of both you and us. If you use this website you agree to be bound by the Terms and Conditions and if you shop at this website you agree to the terms of the Contract of Sale.
If you do not agree to the Terms and Conditions and the Contract of Sale and our Privacy Statement do not use this website.
We shall not be responsible for any detriment incurred by reliance you place on this website or its contents. Use of this website is on an "as is" basis and is entirely at your risk.
Terms and conditions for SHOPOOLY Products
These Terms and Conditions constitute a contract between the customer (You) and SHOPOOLY ABN 82 991 245 88.
1.CHANGES TO TERMS
Due to frequent changes in Internet technology and applicable laws, we reserve the right to make changes to these Terms and Conditions at any time technology and legal changes require. Please check these Terms and Conditions regularly for any such changes.
2.CHANGES TO PRODUCTS
We and any persons involved with the management of this website may make changes to the products described and to other content of this website, at any time without notice.
We make every effort to ensure that product descriptions on our website are accurate. However some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified. We make no representations about the suitability of this information; it is provided "as is" without warranty of any kind.
3.PRODUCT PRICES
The price displayed for products on this website represents the full price, including GST, for the product itself but does not include postage/delivery charges which will depend on the destination.
We always seek to provide products at the most competitive prices, and because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice and we therefore reserve the right to change prices displayed for products on our website at any time.
Please be assured of our every effort to ensure the accuracy of our product pricing. However if an error is made and a product is listed at an incorrect price, we maintain the right to refuse to accept further orders and to cancel any orders already placed at the incorrect price. If an order has been confirmed and charged to your credit card we shall immediately contact you regarding your requirements for the reimbursement of money paid.
We sell and deliver products ONLY WITHIN Australia.
The information on this site is intended and applicable for Australian consumers only and is governed by Australian law.
4.AGE RESTRICTIONS
You must be at least eighteen (18) years of age to place an order with us. We do not knowingly accept orders from anyone under the age of 18.
By placing an order with us through this website, you acknowledge that you are over eighteen (18) years of age.
Should we suffer any loss or damage as a result of a transaction entered into by a person under the age of 18, we reserve the right to seek compensation for such loss or damage from the parents or guardians of the person who placed the order(s) with us.
5.INTERNET COMMUNICATIONS
When you visit our website or send e-mails to us or text (chat) with us via WhatsApp or other social media platforms such as Instagram or Facebook, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on this website. We and you agree that all electronic communications between us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing.
This website may:
Store one or more cookies in your browser in order to improve service for you on your subsequent visits to this website; Request your browser to transmit this data back to the web server; or Request your browser to transmit a cookie that has been stored on your browser by another site within the same internet domain.
(Note-Cookies are small pieces of data stored on the web browser on your computer. By using cookies, websites can track information about visitors' use of the site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want.
If you disable the use of cookies on your web browser or remove or reject specific cookies from this website or linked sites, then you may not be able to gain access to all the content and facilities of this website.)
6.INTELLECTUAL PROPERTY RIGHTS
Material contained on this website is protected by copyright. You may use this website only for your personal non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you may not use, copy, modify, transmit, store, publish or distribute any material on this website or create any other material using material on this website, without obtaining our prior written consent.
Registered trademarks and logos must not be used or modified in any way without obtaining the prior written consent of the trade mark or logo owner.
The website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms and Conditions. Your use of this website and material on it must not in any way infringe the intellectual property rights of any person.
7.YOUR ACCOUNT
To purchase from us you must establish an account on this website.
We retain absolute discretion to refuse an account to be established, to terminate accounts, to remove or edit content where the account has not been kept in accordance with these terms and conditions.
It is your responsibility to provide your exact email address, delivery address and billing address and telephone number and to keep these current. Any incorrect information provided may lead to a delay in delivery in or non-delivery of the product ordered.
You are responsible for the confidentiality of your account password. Your password and account details are stored on a secure server for ease of use in processing future orders or for warranty claims. The information stored is only used to process your orders, for statistical purposes that may improve our website and its services, and to allow us to notify you of special offers or new products via our newsletters. Please refer to our Privacy Statement on this website. No credit card details are stored by us.
8.SECURITY
When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. We make no warranty in respect of the strength or effectiveness of that encryption and accept no responsibility for events arising from unauthorised access of the information you provide.
9.CONTRACT OF SALE
These terms together with your order constitute the entire contract between you and us for the supply of products. No other terms will apply except where terms may be implied by law. The contract cannot be varied unless we agree to variations in writing or by email.
10. LIMITATION OF LIABILITY
10.1 Limitation of Liability
(a) Our liability to the Customer (and any party claiming through the Customer against us) for any claim for loss or damages (including legal expenses) made in connection with the Contract (including the supply of Goods described in the Contract) whether in contract, tort (including negligence), under statute, in equity or otherwise shall be strictly limited as follows (except to the extent that the law prohibits such a limitation):
(i) for any liability arising from Goods not meeting the specification or which are said to be otherwise defective or deficient, our liability is limited to the cost of replacement of those Goods as soon as reasonably practicable, or the repair of those Goods or the repayment (or allowance) of the Purchase Price of those Goods (at the option of Our);
(ii) for any liability arising from the services forming part of the Goods not meeting the scope
10.2 Consequential Loss
(a) We may hold the Customer liable, to the maximum extent permitted by law, for any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the Goods it supplies, where indirect, special or consequential loss or damage includes:
(i) any loss of income, profit, production, contract, customers, business opportunity or business;
(ii) any loss of goodwill or reputation;
(iii) any loss or damage resulting from the loss or damage to goods other than the Goods.
10.3 Defective Goods
(a) Any claim by the Customer in respect of defective, non-conforming or damaged Goods must be made in writing within 1 week of the delivery of the Goods, otherwise SHOPOOLY is not responsible to any of damages reported after this mentioned time.
(b) Despite any other provision of the Contract, we are not liable, to the maximum extent permitted by law, for:
(i) the cost of removal of Goods not meeting the specification or which are said to be otherwise defective or deficient, whether installed or otherwise;
(ii) the cost of installation of replacements for Goods not meeting the specification or which are said to be otherwise defective or deficient;
(iii) defects or deficiencies in Goods caused by improper installation or maintenance of Goods or related components or normal wear and tear and damage.
11.PURCHASING PRODUCT(S)
You may place an order by clicking the "Add to Cart" button.
When you place an order with us you have made an offer to purchase the product you have chosen and when we issue a tax invoice to you we have accepted your offer. Both offer and acceptance are based on these terms and conditions and are subject to any clause allowing for the cancellation of an order before property passes to you.
We will issue provide you with an Order Number by email after we have received your offer to purchase.
We will notify you when we process your order by sending you an Order Confirmation and tax invoice via email. To prevent credit card or payment fraud your offer can only be accepted by us after it has passed our validation procedures.
We retain discretion to cancel orders if our processes identify any attempt at fraud or for any other legitimate reason.
If for any reason we cannot process or accept your order after payment is received, we will contact you by email or telephone to determine your requirements for the reimbursement of money paid.
12.PAYMENT
We only accept payment through BPAY, PayPal and Credit cards (Visa and Master).
Payment will not be processed until we have received all relevant information required for processing to be completed.
The processing of payment for Orders placed on a weekend or a Public holiday will not begin until the next working day.
Some payment options might be disabled for security purposes, if your preferred payment option is not available kindly select the next preferred option for payment.
PayPal
We process PayPal payments when you checkout from the product order screen.
BPAY
When you pay by BPAY, you must pay the price payable as indicated on your Order Confirmation within 7 days from the date that you receive your Order Confirmation. Please note that BPAY payments take up to 2 working days to process.
We retain absolute discretion to cancel the transaction if a BPAY payment is not received within 7 days from the date that you receive your Order Confirmation.
You must retain your tax invoice as proof of purchase.
Credit Cards
We only accept Australian credit cards only. We do not accept international credit cards.
We process Credit cards payments when you checkout from the product order screen.
Whilst we employ the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
If Your selected payment method triggers Our fraud prevention process, We may contact You to confirm additional details, or cancel the transaction. In this case, until Your Order has passed Our fraud prevention process, Your Order will not be fulfilled. If you fail to provide the requested information within 3 working days, Your Order will be cancelled and Your payment will be refunded back to the selected payment method. These information requests are sent to help protect credit card holders from online fraud.
13.DELIVERY
You will be provided with an estimated delivery time when you checkout. The estimated delivery times are within working days Monday to Friday excluding public holidays. Normal delivery is within 3 to 14 working days from the date of payment if the purchased items are in stock already and ready to dispatch, however, if the items are preordered for customer, delivery time will be 3 to 14 days after having containers arrived in our depot and once the items are ready in hand to dispatch.
We will make every effort to deliver your product within the estimated delivery time but the actual delivery times may change due to changes in supply or circumstances beyond our control.
We encourage you to follow up with our customer service during waiting time to be informed about the delivery status of your product. Please contact us if your item/s are not delivered within 45 days from the date of purchase.
Please also note that deliveries with address on some farms, mine sites, islands, Aboriginal sacred sites and other regional or remote locations may not be accessible to our couriers and will not be able to deliver to your door steps. In such cases our courier will contact you for alternate delivery options.
Delivery of furniture and goods to our customers' destination will be happend under terms and conditions as below:
• SHOPOOLY may use a Delivery Agent to deliver the Goods. The Buyer agrees to its details including Delivery Address and Personal Information being supplied to the Delivery Agent for the purpose of delivering Goods to the Buyer;
• The delivery times and dates made known to the Buyer are estimates only and SHOPOOLY shall not liable for late delivery or non-delivery.
• The delivery charges specified in the Invoice are estimates only. The Buyer shall be responsible for any increases in the delivery charges outside of SHOPOOLY control or caused or contributed to by the Buyer.
• Delivery of the Ordered Goods will be made to the Delivery Address only. The Buyer will be charged separately where the Buyer requires multiple delivery destinations.
• The Delivery Agent will deliver the Goods so close (“Drop Spot”) to the Delivery Address as, in the opinion of the Delivery Agent, it is safe or prudent to do so and delivery occurs and risk in the Goods passes to the Buyer when the Delivery Agent‘s delivery vehicle arrives at the Drop Spot.
• SHOPOOLY will not be liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery of the Goods
• SHOPOOLY reserves the right to charge the Buyer any costs which it incurs as a result of any delay for any reason in unloading the Goods or where unloading of the Goods cannot be effected, including, if applicable, a return delivery fee at the prevailing freight rates.
• The unloading of Goods at a Drop Spot is the Buyer’s responsibility at its own cost and risk but the Delivery Agent’s may, without liability to the Buyer, unload the Goods at the Drop Spot if the Buyer requests them to do so or is absent from the Drop Spot at the time the Delivery Agent wishes to unload and, subject to the Australian Consumer Law, the Buyer releases and forever discharges SHOPOOLY and the Delivery Agent from and against any claim, cause of action or liability arising out of the unloading of Goods at the Drop Spot.
14.Warranty
Statutory Conditions and Warranties
SHOPOOLY provides a voluntary warranty and applies the Conditions and Warranties required by law.
Statutory Conditions and Warranties For all products sold by SHOPOOLY provide conditions and warranties contained in the Commonwealth Competition and Consumer Act 2010.
The product is fit for the purpose or job for which it is normally supplied or to which SHOPOOLY agreed before the sale. The product matches any description provided on our website or on labelling or packaging (See "Changes to Product"); and you receive clear title to the product
The warranties provide that the product is clear of finance or encumbrances; and you will have free title to the product.
If the product does not fulfill any of these conditions or warranties then, provided the claim is made within a reasonable period after the sale, you may be entitled, at your discretion, to a refund, replacement of the product or to have it repaired. A reasonable period depends on the circumstances of each sale including but not limited to the nature, quality and price of the product.
Any refund agreed to may be less than the purchase price depending on any use or consumption of the product which has occurred or any contribution that use by you has made to the cause of the claim.
Customer Service will consider each claim on its merits on a case by case basis and, if required, will negotiate a solution that is acceptable to SHOPOOLY and you including any costs involved.
Exceptions
We do not provide refunds, credit or exchange if you have:
Damaged the product by using it in a way it was not meant to be used. You have had a defect drawn to your attention before you purchased the product, for example, when products are clearly labeled as seconds or faulty, The 30 Day Change-of-Mind period has elapsed and the product matches the description provided on our website and is free from manufacturing defects or faults.
Voluntary Warranty Policy
All products sold by SHOPOOLY have a "dead on arrival" (DOA) warranty. This means that if the product is damaged during delivery and a claim is made within 14 days from the date of dispatch, SHOPOOLY will replace or repair the product at our discretion and our cost. If SHOPOOLY have no further stock of the item and it cannot be repaired SHOPOOLY will replace it with a similar product or offer you a full refund.
If the damage is discovered outside the 14 day period contact Customer Service who will determine whether circumstances are such that you can still proceed with a claim. You can take advantage of this offer for up to twelve months after sale.
This warranty does not apply to damage packaging only and does not detract from your statutory rights.
Manufacturers Voluntary Warranty
Many of the products supplied by SHOPOOLY are covered by a Manufacturers voluntary warranty. The terms and conditions of such warranties are beyond our control and it is your choice whether to use such warranties. Where possible the time of such warranty will be shown on our website. For some products it may be more efficient for you to contact the manufacturer rather than SHOPOOLY. This is particularly so for electronic equipment. A manufacturer’s warranty does not detract from your statutory rights.
Making a Claim
Provide us with a copy of your tax invoice or similar proof that the item was purchased from us. Describe accurately the problem you have encountered and provide evidence (erg a photograph) to support your claim State whether you are requesting a replacement, repair, refund or credit
Return of Product for Warranty Claim
The Change-of-Mind Policy
SHOPOOLY does not accept any change of mind returns as most of our products are fully customised for customers and there is no chance of return or cancellation after place order and forwarding to suppliers. If there are extraneous circumstances requiring change of mind returns, please note that 70% of the original payment paid by customer will be deducted and the rest will be refunded to customer account details by the week after returning the items to our depot in original condition. The customer is solely liable for the return freight costs and method of delivery in the case of a return. It is the customer’s responsibility to ensure the goods are re-packaged and reimages and issues on faulty products, or offering other brand new products from available stock and
Refunds or credit
Where a warranty claim is granted any refund will include all delivery and related costs for the product. If the company fails to meet and fulfil the given options to the customer such as replacement and recording brand new items, Fixing damages and issues on faulty products, or offering other brand new products from available stock and the company and the customer come to an agreement to cancel the order, the company has this right to keep 30% of the total payment as delivery, shipment and handling costs. Where a non-warranty claim is granted any refund will be for the cost of the goods only and will exclude all related costs. No refund or replacement will be given until we have received the product from you. Refunds will be issued via payment method (EFT, PayPal, Polipay, AfterPay, etc) or a credit to your account.
Replacement
Where a replacement is agreed to after a warranty claim is granted the replacement will be delivered to you at our expense after we have received your returned product. Where a non warranty claim is granted the replacement will be delivered to you at your expense.
Limitation of Liability
(a) Our liability to the Customer (and any party claiming through the Customer against us) for any claim for loss or damages (including legal expenses) made in connection with the Contract (including the supply of Goods described in the Contract) whether in contract, tort (including negligence), under statute, in equity or otherwise shall be strictly limited as follows (except to the extent that the law prohibits such a limitation):
(i) for any liability arising from Goods not meeting the specification or which are said to be otherwise defective or deficient, our liability is limited to the cost of replacement of those Goods as soon as reasonably practicable, or the repair of those Goods or the repayment (or allowance) of the Purchase Price of those Goods (at the option of Our);
(ii) for any liability arising from the services forming part of the Goods not meeting the scope
Consequential Loss
(a) We may hold the Customer liable, to the maximum extent permitted by law, for any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the Goods it supplies, where indirect, special or consequential loss or damage includes:
(i) any loss of income, profit, production, contract, customers, business opportunity or business;
(ii) any loss of goodwill or reputation;
(iii) any loss or damage resulting from the loss or damage to goods other than the Goods.
Defective Goods
(a) Any claim by the Customer in respect of defective, non-conforming or damaged Goods must be made in writing within 14 days of the delivery of the Goods, unless a longer period is expressly agreed to by us in writing.
(b) Despite any other provision of the Contract, we are not liable, to the maximum extent permitted by law, for:
(i) the cost of removal of Goods not meeting the specification or which are said to be otherwise defective or deficient, whether installed or otherwise;
(ii) the cost of installation of replacements for Goods not meeting the specification or which are said to be otherwise defective or deficient;
(iii) defects or deficiencies in Goods caused by improper installation or maintenance of Goods or related components or normal wear and tear and damage.
As our invoicing system is designed to generate invoices only at the time of purchase, unfortunately, it does not allow us to retroactively create or issue invoices after a certain period. Moreover, In compliance with accounting and tax regulations, and as our accounting software is configured to issue invoices only at the point of sale we are unable to backdate or issue new invoices for transactions completed months ago. Accordingly, our company policy requires invoices to be issued at the time of purchase to ensure accuracy and consistency in our records.
16.RESOLVING YOUR CONCERNS
If you have any concerns with, or do not understand, our Terms and Conditions we encourage you to contact us and we will make every endeavor to resolve your concerns.
Our contact details are below and we will respond to your query as soon as possible.
Email: info@shopooly.com.au
