INTRODUCTION AND GOVERNING LAW
These are the Terms & Conditions of Sale applicable to on-line purchases from The Scheibner Centre. These conditions should also be read in conjunction with THE SCHEIBNER CENTRE's General Website Terms and Conditions of use.
These terms and the laws of New South Wales, Australia, apply to all transactions for the purchase of THE SCHEIBNER CENTRE products ("Products") from THE SCHEIBNER CENTRE through its website at www.eternallyyoung.com.au and any associated web page (the "Site"). These terms represent the complete Agreement between THE SCHEIBNER CENTRE and the Buyer covering the sale of Products from this Site. Except for terms implied by applicable legislation, THE SCHEIBNER CENTRE does not offer or agree to any conditions, warranties, guarantees or representations relating to the quality, description or performance characteristics of the Products other than those set out in these terms. The Buyer's completion of the Order form on this Site will constitute an offer to the Buyer to purchase Products (the "Order"). All Orders are subject to acceptance by THE SCHEIBNER CENTRE.
PRICES
The prices to be paid by the Buyer for all Products will be THE SCHEIBNER CENTRE's current selling price on the date of receipt by THE SCHEIBNER CENTRE of the Order, less any applicable discounts in effect at that time. All Orders will attract a delivery charge as set out on the Delivery Charges section.
THE SCHEIBNER CENTRE will not be responsible for errors in pricing that appear on the Site. THE SCHEIBNER CENTRE will notify a Buyer in the event of a pricing error on the Site before an Order is delivered. and the Buyer will have the opportunity to cancel its Order within a reasonable time.
THE SCHEIBNER CENTRE reserves the right to change its prices from time to time without prior notice to the Buyer. All prices in this website include Australian Goods and Services Tax (GST) at 10%.
The GST payable by the Buyer will be shown on the invoice, which THE SCHEIBNER CENTRE will send to the Buyer. Delivery charges to the nominated address will be advised to the Buyer on the delivery screen and Order confirmation pages of the Site.
STOCK AVAILABILITY
If a Product is "out of stock" when THE SCHEIBNER CENTRE processes an Order, THE SCHEIBNER CENTRE will contact the Buyer by email, post, fax or phone to discuss revised delivery times.
ORDER DELIVERY AND CANCELLATION
All Orders by the Buyer under this Agreement must be placed via the forms provided on this Site or by telephone and must specify the information requested, including (but without limitation):
(a) Quantity and description of Products
(b) The full street address to which the Product is to be delivered
(c) Current billing address to which credit card receipts are sent and method of payment..
The Buyer must complete all information requested on the Order form before the Order is processed by THE SCHEIBNER CENTRE.
THE SCHEIBNER CENTRE will not accept orders:·
(a) If the Buyer does not offer to pay by one of the credit cards listed in this website; or
(b) If the Buyer's credit card provider does not confirm the payment. Or
(c)If the buyer does not pay by any other accepted method prior to dispatch.
THE SCHEIBNER CENTRE will send the Buyer an e-mail acknowledging the Products ordered as soon as possible after the Buyer places an Order. If THE SCHEIBNER CENTRE does not accept the Buyer's Order for any reason, it will inform the Buyer by email in the same manner.
DELIVERY
Delivery of a Product will usually occur within 7 to 28 business days after acceptance of an Order. A Buyer cannot arrange collection of Orders either in-person or via alternative courier.
The Buyer acknowledges that THE SCHEIBNER CENTRE may, from time to time, be subject to production, delivery or other unforeseen delays and that THE SCHEIBNER CENTRE may allocate distribution of Products ordered among its customers at its sole discretion.
If Buyer's Order has not been delivered within a reasonable time, the Buyer should contact THE SCHEIBNER CENTRE.
If no one is available at the delivery address to receive the Products, THE SCHEIBNER CENTRE's delivery agent will leave an "unable to deliver" card at the address and the Buyer should follow the directions on that card to obtain delivery of the Products. THE SCHEIBNER CENTRE reserves the right to make partial delivery of an Order.
3.1 The buyer is responsible for the delivery of the products from the seller’s premises. The buyer may request the seller to deliver the products and authorises the seller to act as the buyer’s agent for the following purpose and at the buyers cost to deliver the products at the seller’s premises to a carrier chosen by the seller;
3.2 The date for delivery is an estimate only and the seller is not liable for any delay in delivery.
PAYMENT
Payment for Products purchased from THE SCHEIBNER CENTRE via the Site can be made by various credit cards.
THE SCHEIBNER CENTRE will verify the credit card information submitted by the Buyer and will advise the Buyer that its Order has been accepted. The Buyer agrees to submit to THE SCHEIBNER CENTRE such information as may be reasonably requested by THE SCHEIBNER CENTRE for the authorisation and verification of its credit card purchases.
THE SCHEIBNER CENTRE reserves the right to exercise its lawful remedies if a dispute arises over payment through the Buyer's credit card provider. In particular, but without limitation, if the Buyer's credit card provider rejects a payment when due, THE SCHEIBNER CENTRE at its discretion may delay or cancel delivery of Orders placed by the Buyer.
If the seller does not receive payment in full for products and any moneys otherwise due by the due date then the seller may, at its option
(a) Charge interest at 3% per annum over the highest rate charged to the seller by its banker on financial accommodation on daily rests from the due date on the balance outstanding until the date of full payment calculated on daily rests and compounded monthly; and
(b) At any time while the whole or any part of the moneys due remain outstanding, take possession on the products, or any part, and terminate this agreement in which case the seller is entitled to recover any loss, including loss of profit, which loss will carry interest.
THE SCHEIBNER CENTRE may also offset and deduct from any refund due to the Buyer all sums owed by the Buyer to THE SCHEIBNER CENTRE. If the Buyer's account is placed in collection, THE SCHEIBNER CENTRE will be entitled to claim all reasonable expenses for collection, including legal fees incurred in connection therewith.
All taxes are payable by the buyer.
CANCELLING AN ORDER
If the Buyer wishes to cancel an Order prior to shipment, the Buyer must contact THE SCHEIBNER CENTRE immediately by telephone and or e-mail. THE SCHEIBNER CENTRE will endeavour to accommodate the Buyer's request, if the merchandise has not been shipped.
If the Buyer's entire order is cancelled prior to shipment THE SCHEIBNER CENTRE will apply a credit to the Buyer's credit card and may also apply a cancellation fee.
No request for shipment release, in whole or part, may be cancelled less than 7 days before the scheduled shipment date.
All requests for cancellations will be accepted at the discretion of the seller, and only if the seller can pass on the cancellation requests to the ultimate manufacturer.
If an Order has already shipped THE SCHEIBNER CENTRE's normal returns and exchanges procedure will apply.
Defective goods
If the Buyer believes that a Product is DEFECTIVE, it must phone THE SCHEIBNER CENTRE' to report the DEFECTIVE status. If it considers the Product to be DEFECTIVE, THE SCHEIBNER CENTRE will deliver a replacement Product to the Buyer promptly upon receipt of a product that it considers to be DEFECTIVE.
The seller is not liable for the non-delivery of products, or for damage caused to products while in transit.
The seller is not responsible for non-performance, or delay in performance, caused by any cause beyond the seller's reasonable control.
The total liability under this agreement of the seller, arising out of negligence or otherwise, is, at the option of the seller, limited to either:
(a) The replacement of any defective goods or part of them, or
(b) The repair of any defective goods, or part of them.
FREIGHT METHODS
THE SCHEIBNER CENTRE will arrange delivery of all Products to the Customer using its nominated freight carriers. A Buyer must not arrange its own courier to collect the Products from THE SCHEIBNER CENTRE.
INCORRECT ORDERING OF CONSUMABLES
If the Buyer incorrectly orders a consumable, it may be returned to THE SCHEIBNER CENTRE within 7 days of receipt and may purchase a replacement item from the THE SCHEIBNER CENTRE website. Once THE SCHEIBNER CENTRE receives the original consumable, it will issue a credit against the Buyer's nominated credit card, provided that the returned Product is in new condition with its original packaging unopened.
At its own cost, the Buyer must return the consumable to THE SCHEIBNER CENTRE within seven (7) days.
INCORRECT SUPPLY OF ORDER
If due to a warehouse or other error on the part of THE SCHEIBNER CENTRE, the Buyer receives a Product which does not conform to its Order, the Buyer must contact THE SCHEIBNER CENTRE within 7 days of receipt of the Product and may purchase a replacement Product from the Site, after returning the original Product to THE SCHEIBNER CENTRE, provided that the returned Product is in new condition with its original packaging unopened.
PRODUCTS DAMAGED IN TRANSIT
Claims for alleged damage to Products caused in transit from THE SCHEIBNER CENTRE to the destination specified by the Buyer must be notified to THE SCHEIBNER CENTRE as stated below within 48 hours of receipt of delivery and the consignment note must be marked as "Received Damaged".
The Buyer must also supply a copy of the consignment note to THE SCHEIBNER CENTRE.
Retention of Life
Until the buyer has paid in full for the products:
(a) Title in the products does not pass to the buyer;
(b) The buyer holds the products as bailee for the seller and must store the products separately to those belonging to any other person;
(c) The seller may require the products to be returned to it at the cost of the buyer or enter the premises of the buyer and re-take possession of them;
(d) If the buyer sells the products, the buyer holds the proceeds of sale on trust for the seller;
(e) The seller may maintain an action for the price of the products even though title in them has not passed to the buyer; and
(f) The products are at the buyer's risk, even though title in them has not passed to the buyer.
Risk
Risk in the products passes to the buyer on delivery to the buyer or a carrier.
Proof of delivery
A consignment note or invoice issued by or for the seller is proof that the products included in the consignment note or invoice were received by the buyer in good condition and the buyer is bound to pay for the products included in the consignment note or invoice in accordance with these conditions of sale unless:
Sellers Warranties
All goods that are manufactured by the seller are guaranteed against faulty workmanship, materials or design for a period of 3 months from delivery (deemed or otherwise).
Where third parties, other than the seller, manufacture goods the buyer is entitled only to any benefits received by the seller from the manufacturer.
Any faulty or defective products must be notified in writing to the seller within 7 days of delivery.
Entire Conditions
To the extent permitted by law;
(a) Warranties, representations, promises, conditions or statements regarding equipment, express or implied, including, without limiting the generality of the foregoing, warranties, representations, promises, conditions or statements as to the suitability or fitness of the equipment not expressly referred to in these conditions are expressly excluded.
(b) Any warranty, condition or obligation implied by law is excluded, unless that law cannot exclude the warranty, condition or obligation. In that case the liability of the seller for the breach of the warranty, condition or obligation does not extent to liability for financial or consequential loss unless the seller cannot, by that law, be so limited.
(c) The seller is not liable for any form of damages (which expression includes but is not limited to incidental, special, consequential or general damages) in connection with or arising out of the supply, performance or use of the equipment or any part of it or any failure to supply the equipment of any part of it.
10.2 The buyer is deemed to have accepted these terms and conditions by placing an order with the seller.
10.3 The seller's failure to object to any term or condition contained in any communication, written or oral, from the buyer is not a waiver of these terms and conditions.
AMENDMENT OF TERMS AND CONDITIONS
THE SCHEIBNER CENTRE may revise these terms and conditions from time to time. Buyers should therefore periodically visit this page to famiiliarise themselves with any such revisions.
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