Terms & Conditions

Shoppacart

Terms and conditions of sale

Introduction
1. These terms and conditions govern the sale and purchase of products through our Website (www.shoppacart.com.au) (Website).
2. You will be asked to give your express agreement to these terms and conditions before you place an order on our Website.
3. This document does not affect any statutory rights you may have as a Consumer.
Interpretation
1. In these terms and conditions:
  a) ‘Australian Consumer Law’ means the Australian Consumer Law which is schedule 2 to the Competition and Consumer Act 2010 (Cth) as in force as a law of the Commonwealth under that Act, and as in force as a law of Western Australia under the Fair Trading Act 2010 (WA).
  b) ‘Consumer’ has the same meaning as in the Australian Consumer Law.
  c) ‘GST’ has the same meaning as given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  d) ‘we’ means Shoppacart Pty Ltd (ACN 630 229 828) and ‘us’, ‘our’ is construed accordingly.
  e) ‘you’ means our customer or prospective customer and ‘your’ is construed accordingly.
Order process
1. The advertising of products on our Website constitutes an ‘invitation to treat’ rather than a contractual offer.
2. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3. To enter into a contract through our Website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you may create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s Website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
4. You will have the opportunity to identify and correct input errors prior to making your order.
Products
1. We may periodically change the products available on our Website, and we do not undertake to continue to supply any particular product or type of product.
2. We make every effort to ensure a product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
Prices
1. Our prices are quoted on our Website.
2. We will from time to time change the prices quoted on our Website, but this will not affect contracts that have previously come into force.
3. All amounts stated in these terms and conditions or on our Website are stated exclusive of GST and delivery costs.
4. It is possible that prices on the Website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5. In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
Payments
1. You must, during the checkout process, pay the prices of the products you order.
2. Payments may be made by any of the permitted methods specified on our Website from time to time.
3. If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
4. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
  a) an amount equal to the amount of the charge-back;
  b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
  c) an administration fee of AUD50.00 including GST; and
  d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
Deliveries
1. Our policies and procedures relating to the delivery of products are set out in this Section 7.
2. Subject to this Section 7, we will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
3. We will inform you if we are not able to deliver products to the delivery address you specify during the checkout process.
4. We may provide you with a variety of delivery and insurance options during the checkout process.
5. We will use reasonable endeavors’ to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 30 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
6. We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 14 days following the later of receipt of payment and the date of the order confirmation. Average delivery time for all major cities is 5-7 business days and all rural locations, usually more than 40kms from the city centre are 7-10 business days.
7. Any import duties and taxes levied by the country you specify for delivery of products are payable by you. You agree to pay all the cost of any taxes, import duties, or any other fees and charges which might be levied by the destination country. You acknowledge that we are not responsible for any actions or delays by customs officials, postal services, or courier services.
Title and risk
1. Risk of loss or damage to a product sold under a contract will pass to you on delivery of the product to the to the delivery address you specify during the checkout process.
2. Title to and property in a product sold under a contract will pass to you free of any encumbrances upon us receiving full payment for that product.
Product warranty
1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
2. We warrant that the products will be free from any defects in manufacturing for the period of 24 months from the date of purchase by you (Warranty Period). This warranty (Defects Warranty) is in addition to other rights and remedies of a purchaser under the Australian Consumer Law.
3. At our option, we will repair or replace a product that has defects in manufacturing (Defective Product), or any part thereof, within a reasonable time and free of charge (but subject to Section 9.6), if the defect appears within the Warranty Period.
4. The Defects Warranty does not apply if a product is altered or repaired or otherwise tampered with by unauthorised persons and/or is used other than in accordance with manufacturer’s instructions and/or is subject to other than reasonable use for a product of its nature.
5. To claim under the Defects Warranty, you must:
  a) must cease using the product immediately after the defect appear;
  b) contact us on +61 (0)456 966 499 or info@shoppacart.com.au within 7 days after the defect appears; and
  c) provide us with proof of purchase of the product.
6. If the product is to be repaired, you must arrange for the delivery of the product to us, at your cost, to:
  Shoppacart Pty Ltd
  PO Box 4120
  SWAN VIEW WA 6056
  AUSTRALIA
7. The Defects Warranty is not transferable. It is limited to the original purchaser specified in the contract under these terms and conditions.
Limitations and exclusions of liability
1. If you are a Consumer, we may be taken to have given you certain consumer guarantees under the Australian Consumer Law about the supply of our products (Consumer Guarantees). If we fail to comply with any of those Consumer Guarantees, you may have statutory rights against us under the Australian Consumer Law that we are prohibited by law from excluding, restricting or modifying.
2. Nothing in these terms and conditions is to be taken to exclude, restrict or modify:
  a) any rights of recovery to or compensation you may have under the Australian Consumer Law; or
  b) any other rights of recovery to or compensation you may have under law, to the extent that we are prohibited by law from excluding, restricting or modifying them.
3. Subject to the Defects Warranty set out in Section 8, all other conditions, warranties and guarantees in relation to any matter (including any rights of recovery or to compensation), whether or not implied by law, are, to the maximum extent permitted by law, excluded. This exclusion applies whether or not you are a Consumer.
4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
5. Subject to this Section 10, and to the extent permitted by law, we are not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with a contract, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
6. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website or these terms and conditions.
7. Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions will not exceed the greater of the total amount paid and payable to us under the contract.
Order cancellation
1. We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
  a) you fail to pay, on time and in full, any amount due to us under that contract; or
  b) you commit any material breach of that contract.
2. You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
3. We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
Consequences of order cancellation
1. If a contract under these terms and conditions is cancelled in accordance with Section 11:
  a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
  b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
  c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 10, 17, 18, 19, 20, 21 and 22 will survive termination and continue in effect indefinitely.
Scope
1. These terms and conditions do not constitute or effect any assignment or licence of any intellectual property rights.
2. These terms and conditions do not govern the licensing of works (including software and literary works) comprised or stored in products.
3. These terms and conditions do not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
Warranties and representations
1. You warrant and represent to us that:
  a) you are legally capable of entering into binding contracts;
  b) you have full authority, power and capacity to agree to these terms and conditions;
  c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
  d) you will be able to take delivery of the products in accordance with these terms and conditions.
Privacy
1. We take your privacy seriously and any information provided through your use of the Website and the purchase of our products is subject to our Privacy Policy, which is available on the Website.
Variation
1. We may revise these terms and conditions from time to time by publishing a new version on our Website.
2. A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision but will not affect contracts made before the time of the revision.
Assignment
1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
No waivers
1. No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach
2. No waiver of any breach of any provision of a contract under these terms and conditions will be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
Severability
1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
2. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
Entire agreement
1. These terms and conditions constitute the entire agreement between you and us in relation to the sale and purchase of our products and supersede all previous agreements between you and us in relation to the sale and purchase of our products.
Law and jurisdiction
1. These terms and conditions are governed by the law of the State of Western Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the State of Western Australia.

DISCLAIMER Shoppacart does not take responsibility for damage to people or property caused by the misuse of the trolley

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