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Terms & Conditions

TERMS AND CONDITIONS
Issue Date: 22/6/17

This document sets out the terms and conditions of sale (Terms and Conditions) for all goods (‘Goods’) provided by AJAII.

 

AGREEMENT

These Terms and Conditions apply to all orders and agreements for the purchase of Goods by you (‘Customer’) from AJAII.

 

An order made by the Customer constitutes an offer by the Customer to purchase the Goods on these Terms and Conditions and which shall, upon written acceptance of the order by AJAII, constitute a binding agreement to purchase the Goods.

 

USE OF THE WEBSITE

In using AJAII’s website, the Customer agrees not to use the website in a way that causes or is intended to cause access to the website to be impaired, interrupted or damaged in any way, including but not limited to:

  • Causing annoyance or nuisance, inconvenience or mischief;
  • Fraudulent purposes or in association with unlawful activity;
  • Breach of any right under Australian law, including but not limited to copyright, trademarks, confidence and privacy.

AJAII assumes that all sales are made to persons over the age of eighteen (18). If a purchase is made by a Customer under the age of 18 a parent or guardian must be involved.

 

TERMS OF PAYMENT

The Customer must pay the price plus GST for the Goods supplied by AJAII.

 

AJAII will render an invoice to the Customer at the time the order is accepted by AJAII. This invoice shall quote the number of the order.

 

Unless otherwise agreed in writing, payment for all Goods (as well as GST) shall be made at the time of the order for the Goods.

 

Payment may only be made at the time of the order by means of the accepted credit cards listed on the website. A credit-card processing fee may be charged at AJAII’s absolute discretion.

 

PRICING AND AVAILABILITY

Prices are shown in AUD and are charged in AUD.

AJAII may, at its discretion and without prior notice to or consultation with the Customer, alter the prices appearing on its price list at any time.

 

The purchase price for Goods will be the price appearing on AJAII’s price list, current at the date on which the Goods are ordered. The supply of Goods by AJAII is a taxable supply in respect of goods and services tax (GST) and GST will be separately detailed on all invoices.

 

Notice of acceptance of the Customer’s order will generally be conveyed by AJAII to the Customer by means of a confirmation of the order (Order Confirmation) (noting that the order may be accepted by other means).

 

Orders may not be altered or cancelled without AJAII’s written consent. Such consent may be withheld at AJAII’s unfettered discretion.

 

AJAII lists products on its website as indicated. Whilst AJAII uses its best endeavors to fulfil orders, it cannot be held responsible where a product is not available at a given point in time.

 

COMPLETION/DELIVERY

Any date named or accepted by AJAII for the delivery of Goods is an estimate only and does not constitute a condition of the contract for the purchase of the Goods.

 

A delivery fee may be charged at AJAII’s absolute discretion.

 

Delivery charges will be notified to the Customer at the time of placing an order for Goods.

 

Delivery charges and timeframes may vary depending on the location of the delivery address.

 

Delivery of Goods ordered shall be affected by AJAII making Delivery to the premises of the Customer specified on the order.

 

Whilst AJAII will endeavor to deliver all orders complete and by the date specified on the order, AJAII will not be held responsible or liable, if delivery is made late or cannot be made (including AJAII being forced to cancel certain products), due to circumstances outside its control.

 

Risk

Risk in the Goods passes to the Customer upon delivery to the address nominated by the Customer.

 

Sale

Any sale is for a limited time only and AJAII reserves the right to withdraw the sale at any given time without notice.

 

WARRANTIES AND RETURNS

The guarantees, warranties and conditions implied by or provided by law or statute which cannot be excluded by contract are included in these Terms and Conditions. All other guarantees, warranties and conditions under any legislation, the common law, equity, or trade or custom are expressly excluded from these Terms and Conditions.

 

Where the Customer alleges that Goods delivered by AJAII are either defective or not the Goods ordered by the Customer, a request for a return must be made in writing by the Purchaser within seven (7) days of receipt of Goods. To the maximum extent permitted by law, no claims will be recognised if made more than 7 days after delivery.

 

Goods alleged by the Customer to be defective or incorrectly delivered, and accepted by AJAII as such, will be rectified by AJAII at AJAII’s discretion in one or more of the following ways:

  • 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;
  • the payment of the cost of having the Goods repaired.
  • A processing and handling fee may be charged to the Customer for any returns.

If AJAII inspects the Goods and determines that they are not defective or incorrectly delivered, then it reserves its rights to charge the Customer for any costs incurred in relation to the transportation and inspection of the Goods and any subsequent re-Delivery.

 

Refunds will not be given where the Customer wishes to return the Goods because it has changed its mind or wishes to vary the order, however, AJAII may agree, at its absolute discretion, to accept a return and give a credit to the Customer’s account.

 

AJAII is not responsible for defects caused by or which arise from ordinary wear and tear, lack of maintenance, unintended use, misuse, abuse, improper or unsuitable installation, external accidents or other causes beyond the reasonable control of AJAII.

 

ASSIGNMENT

AJAII may at its discretion, assign its rights and or subcontract its obligations in connection with the performance of the contract for supply of Goods under these Terms and Conditions.

 

CHANGES TO THE TERMS AND CONDITIONS

AJAII reserves the right to change the website, policies, terms and conditions of AJAII at any time.

 

Changes will be effective immediately upon publication on the website. The Customer’s continued use of the website following the publication will represent an agreement by the Customer to be bound by the terms and conditions as amended.

 

It is the Customer’s responsibility to be aware of the terms and conditions as they may be altered.

 

GOVERNING LAW

These Terms and Conditions are governed by the laws applicable of the state of New South Wales in Australia. Both parties submit to the exclusive jurisdiction of the New South Wales Courts.