MAKE IT SHINE
It is hereby agreed that the Goods are supplied to the Customer by the Supplier on the following terms and conditions:
Customer means the person(s), corporation, association or other entity whose details are specified in any Order or Invoice;
Customer’s Premises means the address provided by the Customer in an Order for delivery and/or the provision of the Services;
Customer’s Materials means the materials owned by the Customer and provided to the Supplier for integration into the Goods. The Customer’s Materials will principally consist of photos, pictures or items of a similar nature;
Goods means all goods supplied by the Supplier to the Customer;
GST means goods and services tax or similar value added tax levied or imposed in Australia pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (Cth), or otherwise on a supply;
Invoice means the written invoice provided to the Customer by the Supplier upon delivery of the Goods;
Materials means the materials required in order to create the Goods, excluding the Customer’s Materials;
Order means an order for the Goods and/or Services placed by the Customer with the Supplier;
Outstanding Amount means all amounts due and payable to the Supplier from the Customer;
PPSA means the Personal Property Securities Act 2009 (Cth);
Products means all products made from the Goods or new objects or materials made from the Goods, mixes of the Goods with other materials or where the Goods become part of other objects or materials;
Price means the monies (in $AUD) due to the Supplier by the Customer for the Goods and/or Services;
Quotation means the written quote provided by the Supplier at the request of the Customer for the provision of the Goods and/or Services;
Security Interest has the meaning given to it by the PPSA;
Services means the delivery of the Goods by the Supplier or a Third Party Services Provider to the Customer’s Premises and/or the installation of the Customer’s Materials into the Goods by a Third Party Services Provider at the Customer’s Premises;
Supplier means Boutique Portraits Pty Ltd (ACN 633 719 150) and their related entities including their successors in title and assigns;
Terms means these Terms and Conditions, as updated from time to time;
Third Party Services Provider means Decoglaze Pty Ltd and any other third party engaged by the Supplier to perform the Services from time to time; and
Website means the Supplier’s website www.makeitshine.com.au.
By placing an Order, including on the Website, the Customer agrees to be bound by and accepts these Terms as at the time of such Order. Other than as provided in any separate written Terms between the Supplier and the Customer, these Terms cannot be amended, except as updated from time to time by the Supplier.
A Quotation may be provided by the Supplier to the Customer at the request of the Customer. The Quotation is valid for 21 days from the date of the Quotation. Unless otherwise stated, prices quoted by the Supplier are exclusive of GST, discounts and delivery charges.
The Price of Goods may vary without notice. The Price in respect of an Order will be the advertised Price for the Goods at the date of placing an Order, as displayed on the Website or as included in a Quotation, subject to any updates to an Order. The cost of any updates to an Order or any special packing and packing materials used in relation to the Goods shall be at the Customer’s expense notwithstanding that such costs may have been omitted from any Quotation. Such costs will be included in any Outstanding Amount.
- The Customer (if an individual) must pay the Price in full at the time of placing the Order by one of the payment methods the Supplier provides on the Website.
- The Customer (if a business) must pay the Price as follows:
- 25% at the time of placing the Order; and
- 75% prior to dispatch of delivery of the Goods or the provision of the Services.
- If a Customer discovers that it has made a mistake when placing an Order after the Order has been submitted, please contact the Supplier. The Supplier does not guarantee that the Supplier will be able to amend the Order in accordance with the Customer’s instructions.
- The Supplier is not obliged to supply the Goods to the Customer until the Supplier has accepted the Order. The Supplier may in its sole discretion refuse to accept an Order from the Customer for any reason, including but not limited to:
- unavailability of Materials;
- inability of the Supplier to obtain the Goods for supply;
- unsuitability of the Customer’s Materials;
- delivery location;
- unavailability of delivery and/or installation services;
- a Third Party Services Provider being unable or unwilling to accept the request for Services associated with the Order; or
- the Supplier suspecting that the Customer (where the Customer is an individual) might on-sell the Goods to other consumers.
- Until the time when the Supplier accepts an Order, the Supplier reserves the right to refuse to process the Order or any part of it.
- The Supplier will notify the Customer if it is unable to accept an Order. If an Order is not accepted, the Supplier will promptly refund any payment already made by the Customer to the Customer’s original payment method.
- The Supplier may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Customer account, the same credit card, and/or orders that use the same billing and/or delivery address.
- Unless otherwise agreed in writing, the Supplier does not authorise the purchase of its Goods for resale purposes. To enforce this policy, the Supplier reserves the right to limit or prohibit Orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors. The Supplier reserves the right to cease doing business with those Customers violating this policy.
If the Customer fails to make payment of the Price by the due date, the Customer shall be charged interest from the day the Price was due and on the Price at a rate 4% higher than the current penalty rate pursuant to the Penalty Interest Rates Act 1983 (Vic). The Customer acknowledges and agrees that the Supplier may issue legal proceedings to recover any Outstanding Amount and that the Customer will be liable for any legal fees on a full indemnity basis incurred by the Supplier in relation to the Outstanding Amount.
The Supplier will deliver, or will engage a Third Party Services Provider to deliver, the Goods to the address specified in the Order, unless otherwise agreed in writing between the parties.
If the Customer requires the Goods to be supplied by a specific date, the Supplier will use its best endeavours to comply with that request, however the Supplier will not be liable if the Goods are delivered to the Customer after the specific date.
The Supplier is not liable for any loss, damage or delay whether consequential or direct arising from late delivery or non-delivery of Goods. The Supplier may at its discretion deliver the Goods to the Customer in any number of installments unless the Customer has specifically requested no installment delivery of the Goods. If any of the Goods delivered by installment are defective for any reason, the defective installment shall be a severable breach and shall not be deemed a repudiation of the contract formed by these Terms. The Customer waives any claim for shortage of any Goods delivered if a claim in respect of shortage has not been lodged with the Supplier within seven (7) days from the date of receipt of Goods by the Customer.
The Customer warrants that any information provided to the Supplier in connection with delivery of the Goods will be accurate and complete and the Customer acknowledges and agrees that, unless otherwise agreed in writing, the Supplier will rely on that information without further verification.
- LOSS & DAMAGE IN TRANSIT
The Supplier and any Third Party Services Provider are not responsible for any loss or damage to Goods in transit. The risk of loss or damage to the Goods shall be carried by the Customer as and from the point of its departure from the Supplier’s premises or the Third Party Service Provider’s premises and all claims against the Supplier or Third Party Service Provider arising from any loss or damage in transit are hereby waived.
- FORCE MAJEURE
The Supplier and any Third Party Service Provider are not in breach of these Terms and otherwise are not liable for a failure to partly or wholly perform their obligations under these Terms to the extent that any act, event or cause outside of the control of the Supplier, has prevented the Supplier or Third Party Service Provider from performing those obligations.
- RECEIPT OF GOODS
It is the absolute responsibility of the Customer to check all Goods upon receipt. Subject to the Competition and Consumer Act 2010 (Cth), no claims in respect of Goods will be accepted by the Supplier after the Goods have been signed for by the Customer (or its authorised company or agent) unless specific details of any damage have been noted on any Supplier delivery docket and such damage is acknowledged by the Supplier as being attributable to it or its agents. Any claims will be limited to the value of Goods supplied.
Acceptance of the Goods by the Customer waives any future rights to claims of damage against the Supplier to the maximum extent permitted by law.
- TERMINATION OF ACCOUNT
The Supplier reserves the right to refuse supply of the Goods required by the Customer and/or terminate the Customer’s account without incurring any liability to the Customer. If the Supplier decides to terminate the Customer’s account, any of the following may occur, with or without notice to the Customer:
- the Customer’s account and password will be deactivated/disabled;
- any pending or future Orders for Goods will be immediately terminated; and
- the Customer will not be entitled to any compensation for any Order that was not fulfilled as a result of the termination of the account.
Unless expressly included, the consideration for any Order/supply under or in connection with these Terms does not include GST.
The Customer indemnifies and holds the Supplier, any Third Party Services Provider, and the Supplier’s related entities, affiliates, licensors and licensees (Indemnified Persons), harmless from and against any and all claims, demands, proceedings, costs, losses and damages (actual, special and consequential), expense, outgoing or payment of any kind suffered or incurred due to or arising out of a breach by the Customer of these Terms or the Customer’s breach of the rights of any third party. The Supplier holds the benefit of the indemnity as agent for the Indemnified Persons and may enforce the indemnity on behalf of any of them.
- LIMITATION OF LIABILITY
To the extent permitted by law, the Supplier’s liability to the Customer, whether arising from or in connection with a breach of contract, tortious conduct (including negligence) or any other cause of action, is limited, for an aggregate of all claims, to the Price.
The Supplier is not liable for any delays with delivery of the Goods or the provision of the Services including as a result of any force majeure event.
Where the supply of Goods depends on the Customer’s information or response, the Supplier has no liability for a failure to supply the Goods within the estimated delivery times where the supply of the Goods is affected by the Customer’s delay in response, or supply of incomplete or incorrect information.
The Supplier may engage Third Party Service Providers to perform the Services. By accepting these Terms, the Customer acknowledges and agrees that it will be bound by any applicable terms and conditions of the Third Party Services Providers that the Supplier may engage to perform the Services. Where the Supplier engages a Third Party Services Provider to perform the Services the Supplier will use reasonable endeavours to ensure such third parties are qualified, insured and competent to carry out the Services to a proper standard and to provide the Customer with any applicable third party terms and conditions.
The Supplier makes no representation or warranty about any Third Party Services Provider, and the Supplier disclaims all responsibility and liability for the provision of Services or failure to provide Services by any Third Party Services Provider. Any disputes in relation to Services provided to the Customer by a Third Party Services Provider must be dealt with directly between the Customer and the Third Party Services Provider and notified to the Supplier.
The Supplier also excludes all liability for any dispute, loss or damage that may arise from the action of a Third Party Services Provider. If the Customer is a business, the Supplier will not be liable to the Customer for any consequential or indirect loss suffered or incurred under or in connection with these Terms (whether arising in contract or tort (including negligence) or otherwise).
Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on the parties by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by Terms. If a warranty or condition is conferred by the Competition and Consumer Act 2010 (Cth) or other law which may not be excluded, then the Supplier’s liability for any breach of such a warranty is limited solely to:
- in relation to the Goods: 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 (at the option of the Supplier); or
- in relation to the Services: the resupply of the relevant Services or the payment to the Customer of the cost of having the Services provided again (at the option of the Supplier).
The above does not limit a Customer’s rights if there is deemed to be a major failure in relation to the provision of the Goods and/or Services by the Supplier to the Customer.
- RETURNED GOODS AND CANCELLATION
The Supplier shall not accept Goods for return due to a change of mind. The Supplier shall not accept cancellation of an Order unless written cancellation is provided to the Supplier within 3 business days of placing the Order and the Order has not been dispatched for delivery, in which case the Customer may receive a refund of 80% of the value of a cancelled Order, after deduction of any administration costs for processing the Order, at the discretion of the Supplier.
- DEFECTIVE GOODS
If the Customer believes any of the Goods are defective the Customer must notify the Supplier in writing of the defect within 14 days of receipt of the Goods and return the defective Goods to the Supplier within a reasonable time. The Customer will be deemed to have accepted the Goods unless it notifies the Supplier otherwise in writing within 14 days of receipt of the Goods. If, upon inspection of the defective Goods, the Supplier is satisfied that the Goods are defective, then the Supplier may either replace the Goods or refund the Customer the Price of the Goods supplied, at the option of the Supplier.
In order to supply the Goods and make available the provision of the Services, the Supplier may need access to personal information of the Customer (where the customer is an individual) or the Customer’s employees or customers (where the Customer is a business),
The Supplier will in all respects comply with the provisions of the Privacy Act 1988 (Cth) and the Australian Privacy Principles in relation to the personal information.
- OCCUPATIONAL HEALTH AND SAFETY
In delivering the Goods or providing the Services, the Supplier’s staff or the Third Party Services Provider’s staff may need to attend the Customer’s Premises. In this regard the Customer (where the Customer is a business) acknowledges that the Customer and the Customer’s staff (if applicable) will need to comply with the requirements of all applicable occupational health & safety legislation. The Customer agrees to take all reasonable steps to ensure the health and safety of those the Supplier’s staff or the Third Party Services Provider’s staff working at the Customer’s premises, and the Supplier agrees that its staff shall comply with all reasonable safety instructions issued by the Customer.
- CHANGE OF OWNERSHIP
Any change of controlling ownership, legal status or financial position of the Customer shall be advised in writing to the Supplier within 7 days of the change.
These Terms shall be governed and construed by the laws applicable in the State or Territory from which this document is issued and the parties submit to the non-exclusive jurisdiction of the Courts of that place in respect of any dispute of whatsoever nature arising under these Terms or its implementation or enforcement.
These terms and conditions shall supersede and prevail over any previous terms and conditions