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Trading as: Quikshop Australia ABN: 67 123 200 591 All images are trademarks of their respective companies and are for demonstration purposes only |
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| Conditions of Use |
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By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however Quikshop Australia will make every effort to supply Products to you.We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Quikshop Australia and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Quikshop Australia reserves the right to change the Terms and Conditions of sale at any time.
Requirements for linking to www.Quikshop.com.au or www.Quikshop.net.au:
Quikshop makes no representations or warranties concerning the legality or propriety of the content of any site linked to this site.
Use of the Content from this site on any other site or in a networked computer environment, including but not limited, framing the Content within another site, is expressly prohibited without the prior written permission of Quikshop.
Upon our written consent, you must agree to the following guidelines:
1. You must link only to our homepage, and not to pages within the site itself.
2. Quikshop link must not appear connected to any other logos and graphics.
3. No alterations or sizing of Quikshop artwork, logos or graphics is permitted.
4. The Quikshop name and logo must not be associated with unfair, deceptive or libelous advertising or commentary or used in any way that will tend to injure or compromise our professional reputation and corporate identity and policies.
5. Your text hyperlink must include the following company name: Quikshop. No changes or stylization is permitted.
Submission of Ideas
We welcome your comments about our site, products and services ("Comments"). However, we ask you limit your Comments to your experiences with our site, products and services. Please do not to send us any unsolicited creative ideas, suggestions, or materials, including but not limited to creative artwork, samples, feedback, data, answers, questions, comments, suggestions, plans, ideas for new products, promotions, product names, advertising campaigns, technologies or processes ("Ideas"). The Comments and Ideas that you may submit shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Quikshop for any purpose whatever. Please understand that Quikshop makes no assurances that your Comments and Ideas will be treated as confidential or proprietary. Please also understand that Quikshop shall be free to copy, use, modify, disclose and distribute of your Comments and Ideas without restriction for any purposes whatsoever, commercial or otherwise, without compensation to you.
No Warranties
Any Quikshop material on this server may include technical inaccuracies or typographical errors. Quikshop has the right to make changes and updates to any Content contained within this server without prior notice. THE CONTENT PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR CONTENT GIVEN BY QUIKSHOP, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER QUIKSHOP NOR ITS AFFILIATES WARRANTS THAT THE CONTENT ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY CONTENT, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Payment Methods:
Quikshop uses third party payment gateways to process payments. If there are any billing errors, please contact Quikshop immediately at customerservice@quikshop.com.au.
These terms and conditions regulate
the business relationship between you and us. By using Our Web Site
in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years
may purchase Goods. We look forward to seeing you again when you are
over 18.
We are: Webnet Pty Ltd, trading as Quikshop Australia
You are: Visitor
to Our Web Site / our customer
The terms and conditions
Definitions
In this agreement:
“Carrier” means any person
or business contracted by us to carry Goods from us to you, whether
all or part of the distance.
“Our Web
Site” means
the entire computing hardware and software installation that is or
supports Our Web Site.
“Goods” means any of the
Goods we offer for sale on our web site
“Content” means
information in any form published on Our Web Site by us or any third
party with our consent.
Our contract with you
These terms and conditions apply:
so far as the context allows, to
you as a visitor to Our Web Site; and
in any event
to you as a buyer or prospective buyer of our Goods.
Goods advertised may not be
available.
We
shall accept your order by e-mail confirmation. Our message will
also confirm details of your purchase and tell you when we shall
dispatch your order.
That is when our contract is made. It is possible that the price
may have increased from that posted on our web site.
We
may change these terms from time to time. The terms that apply to
you are those posted here on Our Web Site on the day you order
Goods.
All
descriptions, weights and sizes of Goods are those of the original
manufacturers and you may not rely on their accuracy. Accordingly,
any such description shall not form part of this Agreement.
If
we do not have the Goods you order in stock, we will offer you
alternatives before we dispatch your order. If this happens you
may:
accept the alternatives we offer;
cancel your order;
leave the order valid, but tell us
to omit the out-of-stock item.
If we owe you money (for this or
any other reason), we will credit your credit or debit card as soon
as reasonably practicable but in any event no later than 30 days
from the date of your order.
Goods are at your risk from the
moment they are picked up by the Carrier from our warehouse.
Price and Payment
You must pay us the full price of
your order before we will send any part of it.
Banking charges
by the receiving bank on payments to us will be borne by us. All
other charges relating to payment in a currency other than
Australian dollars will be borne by you.
Any details given by us in relation
to exchange rates are approximate only and may vary from time to
time.
You will pay all sums due to us
under these terms by the means specified without any set-off,
deduction or counterclaim.
Information you give us
You agree that you have provided,
and will continue to provide accurate, up to date, and complete
information about yourself. We need this information to provide
you with the Goods.
We will use our reasonable
endeavours to respond to any point of dissatisfaction by you,
provided you contact us within three months of purchase.
Delivery
Deliveries will be made by the
Carrier to the address stipulated in your order. You must ensure
that someone is present to accept delivery.
If we are not able to deliver your
Goods within 30 days of the date of your order, we shall notify you
by e-mail to arrange another date for delivery.
We may deliver the goods in
installments if the goods are not available at the same time for
delivery.
Taxes,
duties and importations
We have no knowledge of, and no
responsibility for, the laws in your country of residence.
You are responsible for purchasing
Goods which you are lawfully able to import and for the payment of
import duties and taxes of any kind levied in your country of
residence.
By placing an order on the
Quikshop Australia website you are arranging an importation of a
product that may not be approved for use within Australia. You are
responsible for all customs formalities and ensuring that the item
you import is lawful to be used in your country of domicile.
Quikshop Australia, Webnet Pty Ltd, its directors and staff are not
responsible for ensuring the product complies with the relevant
standards of your country, or Australian standards, and is to be
used at the sole risk of the purchaser. Webnet Pty Ltd recommends
that the compliance of the product imported be checked with the
manufacturer of the product and accept no liability regarding the
safety of the product or accessories, compliance of the product or
accessories, or misuse of the product or accessories in any way. Quikshop Australia also strongly recommends that the product be used only in the country the product was originally designed for. The product may still be fully compatible with your country of domicile, however, Quikshop Australia provides no guarantees whether implied or otherwise relating to compatibility of the products(s) purchased, the use of the product(s) in a country not intended, or the safety of such products in a country not intended and is at the sole risk of yourself. You must comply with the laws of your country of domicile and accept sole responsibilty for such compliance including all relevant safety standards, labelling requirements and regulations. You also indemnify Quikshop Australia, Webnet Pty Ltd, it`s directors and staff from any claims resulting from failure to follow the recommendations provided in these conditions of use.
Goods returned
Because you are buying the Goods by
mail order, you may have a right of cancellation. If you do (and
only if you do), these are the terms which apply:
You must tell us you wish to cancel
within 7 days of your receipt of the Goods;
In any event, you may not cancel
orders for food or other perishable Goods, nor for handmade,
specially commissioned or personalised goods;
The Goods must be returned to us
within 21 days of your telling us you wish to cancel:
with both goods and all packaging
in their original condition;
securely wrapped;
including our delivery slip;
at your risk and cost.
After we have received the Goods,
we will credit your credit or debit card with the full purchase
price of the goods returned no later than 30 days from the date of
receipt;
If you do not return the Goods to
us, you are still liable to us for the cost.
We are under no obligation to
collect or recover Goods from you, but if we do, our costs will be
payable by you.
Disclaimers
We or our Content suppliers may
make improvements or changes to Our Web Site, the Content, or to
any of the Goods, at any time and without advance notice.
You are advised that Content may
include technical inaccuracies or typographical errors.
We give no warranty and make no
representation, express or implied, as to:
the adequacy or appropriateness of
the Goods for your purpose.
the truth of any information given
on Our Web Site;
any implied warranty or condition
as to merchantability or fitness of the Goods and Services for a
particular purpose;
compatibility of Our Web Site with
your equipment software or telecommunications connection.
compliance with any law;
non-infringement of any right.
Our Web Site contains links to
other Internet web sites. We have neither power nor control over
any such web site. You acknowledge and agree that we shall not be
liable in any way for the Content of any such linked web site, nor
for any loss or damage arising from your use of any such web site.
We are not liable in any
circumstances for special, indirect or consequential loss or any
damages whatsoever resulting from loss of use, loss of data or loss
of revenues or profits, whether in an action of contract,
negligence or otherwise, arising out of or in connection with your
use of Our Web Site or the purchase of Goods.
In any claim against us our
liability is limited to the value of the goods you have purchased
in the contract which is the subject of the dispute.
Content and
Intellectual Property Rights
Title, ownership rights, and
intellectual property rights in the Content whether provided by us
or by any other Content provider shall remain the sole property of
us and / or the other Content provider. We will strongly protect
its rights in all countries.
You may not copy, modify, publish,
transmit, transfer or sell, reproduce, create derivative works
from, distribute, perform, display, or in any way exploit any of
the Content, in whole or in part, except as is expressly permitted
in this agreement.
You may download or copy the
Content only for your own personal use, provided that you maintain
all copyright and other notices contained in such Content. You may
not store electronically any significant portion of any Content.
System
Security
You agree that you will not, and
will not allow any other person to, violate or attempt to violate
any aspect of the security of the Installation;
You agree that
you will in no way modify, reverse engineer, disassemble,
decompile, copy, or cause damage or unintended effect to any
portion of Our Web Site, or any software used on Our Web Site, and
that you will not permit any other person to do so.
You understand that any such
violation is unlawful in many jurisdictions and that any
contravention of law may result in criminal prosecution.
Examples of violations are:
accessing data unlawfully or
without consent;
attempting to probe, scan or test
the vulnerability of a system or network or to breach security or
authentication measures;
attempting to interfere with
service to any user, host or network, including, without
limitation, via means of overloading, "flooding", "mail
bombing" or "crashing";
forging any TCP/IP packet header
or any part of the header information in any e-mail or newsgroup
posting;
taking any action in order to
obtain Goods to which you are not entitled.
You agree to indemnify us against
any claim or demand, including reasonable lawyers’ fees, made
by any third party due to or arising out of:
any violation of system security
as set out above;
your use of Our Web Site;
any other breach or violation of
this agreement by you;
the infringement by you, or by any
other user of your computer, of any intellectual property or other
right of any person or entity, or as a result of any threatening,
libellous, obscene, harassing or offensive material contained in
any of your communications.
Indemnity
You agree to indemnify us against any
claim or demand, including reasonable lawyers’ fees, made by
any third party due to or arising in any way out of your use of Our
Web Site, or the infringement by you, or by any other person using
your computer, of any intellectual property or other right of any
person.
Contractual Limitation
Where we provide
Goods without specific charge, then it (or they) is deemed to be
provided free of charge, and not to be associated with any other
service for which a charge is made. Accordingly, there is no
contractual or other obligation upon us in respect of any such goods.
Rights of third parties
Nothing in this agreement or on our
web site shall confer on any third party any benefit.
Severability
If any of these terms is at any time
held by any jurisdiction to be void, invalid or unenforceable, then
it shall be treated as changed or reduced, only to the extent
minimally necessary to bring it within the laws of that jurisdiction
and to prevent it from being void and it shall be binding in that
changed or reduced form. Subject to that, each provision shall be
interpreted as severable and shall not in any way affect any other of
these terms.
No Waiver
No waiver by us, in exercising any
right, power or provision hereunder shall operate as a waiver of any
other right or of that same right at a future time; nor shall any
delay in exercise of any power or right be interpreted as a waiver.
Dispute
Resolution
In the event of a dispute arising out
of or in connection with these terms or any contract between you and
us, then you agree to attempt to settle the dispute by engaging in
good faith with us in a process of mediation before commencing
arbitration or litigation.
Force
majeure
We are not liable for any breach of
our obligations resulting from causes beyond our reasonable control
including strikes of our own employees.
Governing Law
This Agreement
shall be governed by and construed in accordance with the law of
Australia. This agreement shall not be governed by the United
Nations Convention on Contracts for the International Sale of Goods,
the application of which is hereby expressly excluded.
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