Web Site Terms and Conditions of Use
Updated: May 11 2004
In these terms and conditions, the expressions "we", "us" and "our" are a reference to Cynlia Kwok (ABN 1341 962 6507) ("Vendor").
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Prices are subject to change without notice.
For all prices, products and offers, the Vendor reserves the
right to make adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating circumstances.
We give no undertaking as to the availability of products advertised on this web site.
Any errors on the invoice or in delivery must be notified to the Vendor within ten (10) days of invoice.
No credits for overcharges or returned stock shall be accepted outside these terms.
Acceptance of Order
Your order must contain your name, email address, and any other ordering information specified on this web site.
Within 2 working days of receipt of your order, we will at our discretion accept or reject your offer to purchase. You may not cancel an order once it has been submitted, even if our acceptance or rejection is still pending.
We are not required to give reasons for rejecting your offer to purchase.
If we reject your offer to purchase the goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
We reserve the right to cancel your order if we do not receive your payment within 7 calendar days.
All payments are strictly "Cash Before Delivery", via the Paymate Pty Ltd
(ABN 91 093 528 002) online payment system, direct bank deposit, or moneyorder, unless otherwise arranged and agreed in writing.
We reserve the right to decline any payment that is believed to be fraudulent.
Goods will be delivered only once the payment has cleared into the Vendor's bank account.
Reservation of Title
Title in the goods does not pass to you until payment has been received.
Cancellation due to Error
You acknowledge that despite our reasonable precautions, products may be listed at the incorrect price or with incorrect information due to a typographical error or like oversight. In the circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and payment has been made. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after you have paid, we will immediately refund the amount in question.
Subject to stock availability and in accordance with the payment conditions outlined above,
orders shall be dispatched within two (2) business days after the clearance of
payment into the Vendor's specified bank account.
All freight costs will be borne by the purchaser and are not refundable. These costs may include insurance,
import and export duties, and any other fees or charges imposed by government agencies or officials.
Where shipment is included in purchase price, it will not cover insurance,
import and export duties, and any other fees or charges imposed by government agencies or officials. Price includes only one delivery attempt. Additional delivery attempts are charged at $15 each.
The Vendor is responsible for any loss or damage to the goods that occurs in transit,
provided that the Buyer does not accept the damaged goods from the freight carrier.
Once the Buyer accepts delivery of the goods from the freight carrier, then the Vendor shall no
longer be liable for any damage to the goods that has occurred in transit.
The Vendor shall not be liable for any losses, costs, damages, or other expenses incurred
directly or indirectly as the result of the Vendor failing to dispatch the goods in the dispatch
timeframe detailed above, or as the result of the freight carrier used for delivery failing to meet
any estimated or quoted delivery deadline.
The Vendor must be notified of any change of address of the Buyer prior to the goods being
dispatched for delivery. Non arrival or incorrect delivery of goods, and/or the cost of
return and/or redelivery of goods, as the result of a failure of the Buyer to notify the Vendor
of a change of address, or due to the Buyer providing an incorrect address, are the responsibility
of the Buyer.
Payment of any redelivery fee that is imposed by the freight carrier as a result of no
authorised person being at the delivery address at the time of delivery to accept the delivery, is the responsibility
of the Buyer.
Terms and Conditions for Returns of Goods for Credit or Under Warranty
No returns will be accepted without prior authorisation and without a Return Authorisation ("RA") number issued by the Vendor.
RA numbers are valid for seven (7) days from the date of issue and cannot be extended or reissued.
The delivery destination for returned goods will be provided by the Vendor when an RA number is issued.
All returned goods must be accompanied by a copy of the original invoice.
The Buyer is responsible for any shipping charges and risk of loss or damage on all return shipments. The Vendor highly recommends that the
Buyer uses a reputable shipping carrier capable of providing proof of delivery, and that the Buyer fully insures the return shipment.
When goods are returned for credit, and cannot be repaired or replaced, credit will be issued against future purchases, or payment for the goods refunded, at the discretion of the Vendor. Shipping charges are not refundable. Any fees charged by Paymate or Paypal are not refundable.
The Vendor will not accept for return any goods that are damaged in transit, not properly packaged, or if the RA number is not clearly visible on the
outside of the packaging.
We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.
We do not make any representation, warranty or endorsement of any of the
products, services or information provided in this website.
Any hyperlinks to any other websites are not an endorsement or verification of such websites and such
websites should only be accessed at the user's own risks.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited to a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this web site or in respect of any failure or omission on our part to comply with our obligation as set out in these terms and conditions.
Exception to Disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
For the removal of doubt, we do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of this web site or any linked web site.
Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.
Responsibility for the contact of advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisements.
We make no warranty that goods acquired from us over this web site will meet your requirements.
It is your responsibility to determine if details contained on this web site relating to goods or services satisfy the laws of the jurisdiction where you reside and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this web site.
you acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
The copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
- commercialise any information, products or services obtained from any part of this web site;
without our written permission.
Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without or written permission on-sell information obtained from this web site.
Linked Web Sites
This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practises associated with linked web sites.
Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
How we Handle e-mails
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your information, we will take reasonable steps to preserve the security of such information.
Termination of Access
Access to this web site may be terminated ay any time by us without notice. Our disclaimed will nevertheless survive any such termination.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Governing Law and Jurisdiction
Any facilities and/or services offered through this web site are strictly for our customers'
access and/or use by our customers. By accessing this web site and using the facilities and/or
services offered through this web site, you agree that such access or usage shall be governed by and
construed in accordance with the laws of the State of Western Australia, without giving effect to any
principles of conflicts of law. Those who choose to access this site from other locations do so on
their own initiative and are responsible for compliance with local laws, if and to the extent local
laws are applicable.