This Agreement is a contract
between the customer (you) and Wall Buddies Australia Pty Ltd ABN 68 096 288 907
registered office, 1/47 O.G. Road, South Australia 5007
All orders are processed
and distributed by Wall Buddies Australia Pty Ltd ABN 68 096 288 907
Please read the following
terms and conditions carefully before placing your orders with Wall Buddies Australia
Pty Ltd
By completing the customer
application process and using the Wall Buddies Australia Pty Ltd service, you acknowledge
that you have read and understood these terms and conditions and agree to be bound
by the terms and conditions of this Agreement.
Table of Contents
- Interpretation
- The agreement
- Purchase orders and delivery of goods
- Risk and title
- Price of goods and payment
- Out of stocks and substitution
- Packaging and labeling of goods
- License
- Intellectual property rights
- Liability
- Security
- Notification of changes
- Privacy
- Termination
- Notices
- Promotions and Clearances
- Product Availability
- Miscellaneous
1. Interpretation
In these conditions
"Agreement" means an
Agreement between you and WALL BUDDIES AUSTRALIA PTY LTD to supply Goods. The Agreement
consists of the Order and these Conditions.
"Conditions" means these
Conditions and any agreed written variations.
"Delivery Address" means
the address to which the Goods are to be delivered as stated on the Order.
"Goods" means goods described
in an Order includes packaging.
"Intellectual Property
Rights" includes all rights in respect of copyright, trade marks, patents, designs,
protection of confidential information, circuit layouts and any other intellectual
or industrial property rights whether arising under statue or otherwise.
"Order" means an order
by you to purchase goods from WALL BUDDIES AUSTRALIA PTY LTD.
"Personal Details" includes,
but is not limited to your name, delivery address and payment details.
"Product List" means
the list of goods displayed on the wallbuddies.com.au website as amended from time
to time.
"Service Fee" means the
fee payable to WALL BUDDIES AUSTRALIA PTY LTD in respect of delivery of the goods
and handling cost associated with processing your order as advised by WALL BUDDIES
AUSTRALIA PTY LTD from time to time.
2. The Agreement
2.1 What is the
Agreement?
The entire Agreement
between you and WALL BUDDIES AUSTRALIA PTY LTD for the purchase of goods by you
from WALL BUDDIES AUSTRALIA PTY LTD is:
(a) These Conditions;
and
(b) The terms of the
Order
2.2 When the
Agreement is formed
The Agreement exists
between you and WALL BUDDIES AUSTRALIA PTY LTD once WALL BUDDIES AUSTRALIA PTY LTD
receives and accepts an order at its Premises. No obligation to sell or supply the
goods will arise until the order is received and accepted at Premises. Each order
may be accepted by WALL BUDDIES AUSTRALIA PTY LTD in its absolute discretion. Each
Order is a separate agreement.
2.3 Set - Off
If you owe money to WALL
BUDDIES AUSTRALIA PTY LTD under agreement, WALL BUDDIES AUSTRALIA PTY LTD may set
off money against any money that you owe to WALL BUDDIES AUSTRALIA PTY LTD under
another agreement. If WALL BUDDIES AUSTRALIA PTY LTD owes money to you under one
agreement WALL BUDDIES AUSTRALIA PTY LTD may set off that money against any money
that it owes you under another agreement.
3. Purchase Orders
and Delivery of Goods
3.1 Delivery
area
In order to purchase
goods from WALL BUDDIES AUSTRALIA PTY LTD, the delivery address which you nominate
will need to be within a location where WALL BUDDIES AUSTRALIA PTY LTD provides
delivery services. WALL BUDDIES AUSTRALIA PTY LTD will advise you if the delivery
address which you nominate ceases to be in an area where WALL BUDDIES AUSTRALIA
PTY LTD delivers goods. WALL BUDDIES AUSTRALIA PTY LTD will not be obliged to continue
to deliver goods to you if you change your delivery address and the new delivery
address which you nominate is not in an area within WALL BUDDIES AUSTRALIA PTY LTD
delivers goods.
3.2 Orders
You will place an order
with WALL BUDDIES AUSTRALIA PTY LTD by;
a) Selecting goods on
WALL BUDDIES AUSTRALIA PTY LTD's website, entering your personal details and pressing
the "finalise" button; or
b) Selecting goods and
instructing WALL BUDDIES AUSTRALIA PTY LTD by telephone that you wish to purchase
the goods and providing your personal details to WALL BUDDIES AUSTRALIA PTY LTD;
or
c) Selecting goods and
instructing WALL BUDDIES AUSTRALIA PTY LTD by facsimile that you wish to purchase
the goods, and providing your personal details to WALL BUDDIES AUSTRALIA PTY LTD;
or
d) Selecting goods and
instructing WALL BUDDIES AUSTRALIA PTY LTD by e-mail that you wish to purchase the
Goods, and providing your personal details to WALL BUDDIES AUSTRALIA PTY LTD; or
e) Selecting goods and
instructing WALL BUDDIES AUSTRALIA PTY LTD by regular mail that you wish to purchase
the goods, and providing your personal details to WALL BUDDIES AUSTRALIA PTY LTD
3.3 Authorised
receipt of Goods
Anyone at the delivery
address who receives the goods shall be presumed by WALL BUDDIES AUSTRALIA PTY LTD
to be authorised to receive the goods on your behalf.
3.4 Additional
Delivery Fee
If there is no-one at
the delivery address or no-one of appropriate age to receive the order when the
order is delivered WALL BUDDIES AUSTRALIA PTY LTD may charge you and you may be
required to pay an additional fee.
4 Risk and Title
4.1 Risk and
Title
Risk and title in the
goods passes to you upon delivery of the goods in the delivery address.
4.2 Returns or
Refunds
If at any time you are
not satisfied with the quality of the Goods you have purchased, you may call the
WALL BUDDIES AUSTRALIA PTY LTD National Office on 1300 655 028 and a customer service
officer will assess your request for a credit or refund of the purchase price.
5. Price of Goods
and Payment
5.1 Price of
Goods
Subject to clause 6.2
the price you shall pay for the Goods shall be the price specified on the Product
List. You also agree to pay the delivery and handling fee (when applicable) in respect
of each Order and all taxes, including goods and services tax, which WALL BUDDIES
AUSTRALIA PTY LTD is required to collect from you.
5.2 Variation
WALL BUDDIES AUSTRALIA PTY LTD's prices are subject to variation without notice.
The price payable for the Goods shall be the price applicable on the date the Goods
are confirmed as ordered.
5.3 Method of
Payment
(a) Payment of Order
You may use your credit
card (MasterCard or Visa) Cheques may be accepted at WALL BUDDIES AUSTRALIA PTY
LTD's discretion. WALL BUDDIES AUSTRALIA PTY LTD does not accept cash payment for
Goods. Payment must be cleared before the goods are dispatched.
6. Out of Stocks
and Substitution
WALL BUDDIES AUSTRALIA
PTY LTD will use its best endeavors to ensure that all goods ordered by you are
supplied to you. If the goods ordered by you are not readily available in stock,
whenever possible WALL BUDDIES AUSTRALIA PTY LTD will offer to you a comparable
product of equal or greater value.
7. Packaging
and Labeling of Goods
WALL BUDDIES AUSTRALIA
PTY LTD aims to include in the product list up to date pictures of the goods where
possible. At times, the pictures of the goods on the product list are for illustrative
purposes only.
8. License
You are licensed to use
the WALL BUDDIES AUSTRALIA PTY LTD website on your computer for your use in purchasing
goods from WALL BUDDIES AUSTRALIA PTY LTD. You acknowledge that you are not permitted
to make any other use of the WALL BUDDIES AUSTRALIA PTY LTD website unless given
written authorised by WALL BUDDIES AUSTRALIA PTY LTD.
9. Intellectual
Property Rights
9.1 You acknowledge that
WALL BUDDIES AUSTRALIA PTY LTD are licensed to use all Intellectual Property Rights
in WALL BUDDIES AUSTRALIA PTY LTD (including, but not limited to, any images, photographs
or text which appears on the website) You agree that you will make no representation
to the contrary, and that you must not use or copy WALL BUDDIES AUSTRALIA PTY LTD
in any manner which is inconsistent with the rights of the owner of licensee of
such Intellectual Property Rights.
9.2 You acknowledge that
any trade marks of logos which appear on the WALL BUDDIES AUSTRALIA PTY LTD website
are owned by or licensed to WALL BUDDIES AUSTRALIA PTY LTD, and that you must not
do anything to prejudice the rights of the trade mark owner or licensee to such
trade marks or logos.
10. Liability
10.1 You acknowledge
that WALL BUDDIES AUSTRALIA PTY LTD service is provided "AS IS" and that WALL BUDDIES
AUSTRALIA PTY LTD is not making and has not made any warranty or representation
as to WALL BUDDIES AUSTRALIA PTY LTD's suitability of goods for any particular purpose.
10.2 To the extent permitted
by law, you agree that any liability of WALL BUDDIES AUSTRALIA PTY LTD arising out
of or in connection with any breach of any express or implied warranty or condition
in respect of goods for services supplied to you through use of WALL BUDDIES AUSTRALIA
PTY LTD will be limited to;
(a) If the condition
relates to goods, the replacement of the goods or the supply of equivalent goods;
and
(b) If the condition
relates to services, the supplying of the services again or the payment of the cost
of having the services supplied again
10.3 You agree that the
entire risk arising out of installation, downloading use or performance of WALL
BUDDIES AUSTRALIA PTY LTD remains with you. To the extent permitted by law, you
release and discharge WALL BUDDIES AUSTRALIA PTY LTD and its related corporations
from all forms of direct, special, indirect or consequential loss or damage (including
loss of profits, loss of data or loss or damage that may reasonably have been supposed
to have been in the contemplation of the parties as at the date of this Agreement)
arising out of or in connection with WALL BUDDIES AUSTRALIA PTY LTD or this Agreement,
including without limitation, loss or damage caused by the negligence of ACHEPR
or its related corporations.
11. Security
If you are issued with
a PIN , User Name or password by WALL BUDDIES AUSTRALIA PTY LTD you agree to take
responsibility for the safekeeping of your PIN , User ID or password. You are liable
if an unauthorised person uses your PIN , User Name or password. You agree to release
and forever indemnify WALL BUDDIES AUSTRALIA PTY LTD in relation to any liability
howsoever arising out of the unauthorised use of your PIN , user name or password.
12. Notification
of Changes
WALL BUDDIES AUSTRALIA
PTY LTD may add to, delete, or otherwise change any of the terms of this Agreement.
WALL BUDDIES AUSTRALIA PTY LTD will notify you of any substantial changes to these
terms and conditions as provided in clause 15. Your use of the WALL BUDDIES AUSTRALIA
PTY LTD service after notice will constitute your deemed acceptance of such changes.
13. Privacy and
Security
For details on the WALL
BUDDIES AUSTRALIA PTY LTD Privacy and Security Statement, please click here or refer
to the Privacy and Security Hyperlink to the Home Page.
14. Termination
WALL BUDDIES AUSTRALIA
PTY LTD may terminate this Agreement at any time by delivering notice (as specific
in clause 15) or by sending you a system message advising that your shopping privileges
have been removed. If this occurs, please contact the WALL BUDDIES AUSTRALIA PTY
LTD customer service on 1300 655 028. Termination of this Agreement shall be effective
the day notice is received or such later date as specified in the notice.
15. Notices
WALL BUDDIES AUSTRALIA
PTY LTD may give notice to you by electronic mail or by regular mail to your address
contained in the membership registration information provided by you. You may give
notice to WALL BUDDIES AUSTRALIA PTY LTD by electronic mail to shop@wallbuddies.com.au
16. Promotions and Clearances
All specials, promotions,
clearances, offers and discounted items are advertised on the www.wallbuddies.com.au
website shall apply.
17. Product Availability
WALL BUDDIES AUSTRALIA
PTY LTD reserves the right not to sell certain products to any person to which,
or in any location where, the sale of certain products is restricted or prohibited.
18. Miscellaneous
Each provision of this
Agreement (including these conditions) are severable. Severance does not affect
any other provisions.