Terms of service
Last updated on 02/06/2026]
NOSIVA PTY LTD
ABN 34 160 133 219
TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING
Welcome to NOSIVA PTY LTD ABN 34 160 133 219.
In these terms, we refer to NOSIVA PTY LTD as NOSIVA, we, us or our.
You are the person or entity using the Website, creating an Account or placing an Order.
What are these terms about?
These terms apply when you access or use our website, including www.nosiva.com.au and any other website we operate using the same domain name with a different extension (Website).
These terms also apply when you browse, select, order or purchase products through the Website, including joinery, cabinets, custom vanities, TV units, dining tables, coffee tables and other furniture or related products (Products).
Some Products may be pre-made, made to selected specifications, customised, require assembly, or require separate direct communication with us, depending on the Product and the Order.
Our Privacy Policy explains how we collect, use, disclose and handle personal information. You can find our Privacy Policy here: PRIVACY POLICY
How do I read these terms?
We separated these terms into three parts:
· Part A applies when you place an Order or buy Products.
· Part B applies when you browse, access or interact with the Website.
· Part C applies to all use of the Website, Orders and Products, and includes liability, warranties, general legal terms and interpretation provisions.
Please contact us if you have any questions about these terms.
Do not continue using the Website, create an Account or place an Order unless you have read, understood and agreed to these terms.
I’ve returned to your Website, do I need to read these terms again?
The terms that apply to an Order are the terms that you accept at the time you place that Order.
We may update these terms from time to time by publishing an updated version on the Website.
The updated terms will apply to your future use of the Website and to any future Orders placed after the updated terms are published. You can check the date at the top of this page to see when these terms were last updated
Part A For When You Buy Products
1 SUBMITTING AN ORDER
(a) By submitting an order for purchase of a Product using the Website’s functionality, you represent and warrant that:
(i) you have legal capacity and are of sufficient age to enter into a binding contract with us;
(ii) if you are submitting the Order on behalf of a business, you are authorised to bind that business;
(iii) you are authorised to use the debit card, credit card or other payment method you provide with your Order;
(iv) all information you provide in connection with your Order, including your selections, measurements, delivery details and contact details, is accurate, complete and up to date.
(b) Submitting an order constitutes your offer to purchase the Products listed in your order in exchange for your payment of the total amount shown at checkout, subject to these terms.
(c) Your Order becomes binding when we have approved your payment and you receive an email from us confirming that your order is being processed.
(d) After your Order becomes binding, we may contact you to confirm your Product selections, measurements, dimensions, colours, materials, delivery requirements, installation requirements, access requirements and any other information relevant to supplying the Products.
(e) Any post-order confirmation call, checklist, measurement confirmation, delivery confirmation or installation confirmation process is for the purpose of confirming the details required to supply the Products. It does not, of itself, cancel or replace your binding Order unless NOSIVA agrees otherwise in writing.
(f) If, after that confirmation process, we identify an issue with your Order, including an unavailable Product, unsuitable selection, incorrect measurement, access issue, pricing error, delivery issue, installation issue or any other matter that affects our ability to supply the Products as ordered, we may propose a variation to your Order.
(g) A variation to your Order will only apply if agreed by both parties in writing.
(h) If we cannot reasonably supply the Products as ordered and no variation is agreed, we may cancel the affected part of your Order and refund any amount you have paid for that cancelled part to your original payment method, unless otherwise agreed in writing.
2 ACCOUNTS
(a) To submit an Order or purchase a Product, you may be required to sign up for an account through the Website.
(b) As part of the account registration process and your continued use of the Website, you may be required to provide information such as your name, business name, email address, username, password, billing address, delivery address, phone number and other information reasonably required by NOSIVA.
(c) You warrant that all information you provide to NOSIVA in connection with your account is accurate, complete and up to date.
(d) NOSIVA may accept or reject any account registration in its discretion.
(e) You are responsible for keeping your account login details confidential and for all activity that occurs under your account.
(f) NOSIVA may suspend or cancel your account if you breach these terms, provide false or misleading information, misuse the Website or if NOSIVA reasonably considers that your account creates a risk to NOSIVA, its customers, suppliers, systems or Website.
3 PRODUCTS
(a) NOSIVA will endeavour to ensure that the Products supplied are substantially the same as the Products displayed on the Website or otherwise agreed with you in writing before you place your Order.
(b) You acknowledge that Products may not exactly match images, samples, renders, drawings, plans or previews shown on the Website or otherwise provided to you, including because of screen display, colour and brightness settings, image quality, lighting, photography, natural material variation, timber grain, manufacturing tolerances, supplier availability and differences between materials, colours and finishes.
(c) You are responsible for ensuring that all Product selections, dimensions, measurements, plans, drawings, site details, access requirements, installation requirements, colours, materials and finishes you provide or approve are accurate, complete and suitable for your intended use.
(d) Unless NOSIVA expressly agrees otherwise in writing, Products are supplied pre-made or assembled and are not supplied as flatpack products.
(e) Some Products may require installation, assembly, handling, lifting equipment, site preparation, access clearance, trade work or other services. You are responsible for ensuring that the delivery location and installation location are suitable, accessible, safe and ready for delivery or installation.
(f) Until the Products are paid for in full, title in those Products remains with NOSIVA.
(g) Risk in the Products passes to you on delivery in accordance with the delivery and shipping clause.
(h) You must not refuse delivery of Products except where you are entitled to do so under the Australian Consumer Law or these terms.
4 PAYMENT
(a) Unless otherwise indicated, all prices are:
(i) per unit;
(ii) in Australian dollars;
(iii) inclusive of GST, if applicable, unless expressly stated otherwise;
(iv) exclusive of delivery, installation and any other additional charges displayed or agreed before checkout;
(v) subject to change before you complete an Order.
(b) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
(c) NOSIVA may use third party payment providers, including Shopify, PayPal and other payment providers made available through the Website, to process payments for Products.
(d) Your use of a payment provider may be subject to that provider’s terms, conditions, fees and privacy policy.
(e) To the maximum extent permitted by law, NOSIVA is not responsible for the security, availability, performance, acts or omissions of any third party payment provider.
(f) NOSIVA reserves the right to correct, or instruct a payment provider to correct, any error or mistake in collecting payment from you.
(g) NOSIVA may charge payment surcharges where permitted by law. Any card payment surcharge will not exceed the amount permitted under applicable law, including any applicable cost of acceptance requirements. Any surcharge will be disclosed before you complete your Order.
(h) If NOSIVA discovers an error or inaccuracy in the price of your Order, including any delivery, installation or other charge, NOSIVA may contact you and notify you of the correct price.
(i) If the correct price is higher than the price paid, you may choose to proceed with the Order at the correct price or cancel the affected part of the Order.
(j) If you cancel the affected part of the Order because of a pricing error and payment has already been debited, NOSIVA will refund the amount paid for that cancelled part to your original payment method, unless otherwise agreed in writing.
5 DELIVERY AND SHIPPING
(a) Delivery costs and available delivery options will be displayed at checkout or otherwise confirmed by NOSIVA in writing.
(b) Unless expressly stated otherwise, Product prices do not include delivery, freight, installation, assembly, lifting equipment, storage, redelivery, failed delivery fees or other delivery-related charges.
(c) NOSIVA may use third party freight providers, couriers or delivery contractors to deliver Products to you.
(d) Delivery will be made to the delivery address or delivery point accepted by NOSIVA.
(e) You are responsible for ensuring that the delivery address, access details, contact details, unloading area and site conditions are accurate, safe and suitable for delivery of the Products.
(f) You must ensure that a person authorised to accept delivery is available at the delivery address at the agreed delivery time.
(g) If delivery cannot be completed because of incorrect delivery details, unsafe or unsuitable access, lack of attendance, restricted access, inadequate unloading area or any other matter outside NOSIVA’s reasonable control, NOSIVA may charge you for storage, redelivery, waiting time, additional freight costs or other reasonable costs incurred.
(h) Delivery times are estimates only and may be affected by manufacturing timeframes, supplier delays, freight delays, site access issues, weather, traffic, public holidays and other matters outside NOSIVA’s reasonable control.
(i) NOSIVA will use reasonable endeavours to assist with delivery issues, but does not guarantee that Products will be delivered by any estimated delivery date.
(j) To the maximum extent permitted by law, NOSIVA is not liable for loss, damage or delay caused by a third party freight provider, courier or delivery contractor.
(k) Risk in the Products passes to you when the Products are delivered to the delivery address or delivery point accepted by NOSIVA.
(l) You must inspect the Products promptly on delivery and notify NOSIVA as soon as reasonably practicable if you believe any Product has been damaged in transit, is missing or has been incorrectly delivered.
(m) NOSIVA does not currently accept international orders unless expressly agreed in writing.
(n) Unless NOSIVA expressly agrees otherwise in writing, delivery does not include installation, assembly, unpacking, removal of packaging, lifting equipment, cranage or other site services.
6 CHANGES TO YOUR ORDER
(a) NOSIVA may cancel your Order if:
(i) a Product is unavailable;
(ii) there is a pricing, product description, delivery or checkout error;
(iii) NOSIVA cannot reasonably supply the Products as ordered;
(iv) you do not provide information reasonably required to process, manufacture, deliver or install the Products;
(v) you do not agree to a required variation to the Order;
(vi) NOSIVA reasonably considers that the Order may be fraudulent, unlawful or in breach of these terms.
(b) If NOSIVA cancels your Order and payment has already been debited, NOSIVA will refund the amount paid for the cancelled part of the Order to your original payment method, unless otherwise agreed in writing.
6.2 Cancellation by you
You may cancel your Order within 24 hours after placing the Order by contacting NOSIVA in writing.
(a) After that 24 hour period, your Order cannot be cancelled or changed by you unless NOSIVA agrees in writing or you are entitled to a remedy under the Australian Consumer Law.
(b) If NOSIVA agrees to cancel or change your Order after the 24 hour period, NOSIVA may require you to pay any costs reasonably incurred in connection with the Order, including supplier costs, manufacturing costs, labour costs, packing costs, freight costs, payment processing fees and administrative costs.
6.3 Custom and made-to-order Products
(a) Subject to your rights under the Australian Consumer Law, custom Products, made-to-order Products and Products configured to your selections cannot be cancelled, returned or exchanged because you change your mind, choose the wrong Product, provide incorrect measurements, change your requirements or no longer require the Product.
(b) This clause applies whether the relevant Product is fully customised, made to order, configured to your selected dimensions, colours, materials or finishes, or otherwise prepared specifically in connection with your Order.
6.4 Returns and exchanges
(a) NOSIVA does not offer change of mind returns or exchanges.
(b) Nothing in these terms limits any rights you may have under the Australian Consumer Law.
(c) If you believe a Product is faulty, damaged, incorrectly supplied or not substantially the same as the Product you ordered, or has a manufacturing defect covered by an applicable manufacturer or supplier warranty, you must stop using the Product where continued use may cause further damage and contact NOSIVA as soon as reasonably practicable and provide:
(i) your name and Order details;
(ii) a description of the issue;
(iii) clear photographs and, where helpful, video evidence of the issue;
(iv) details of when you first noticed the issue; and
(v) any other information reasonably requested by NOSIVA to assess the issue.
(d) NOSIVA must be given a reasonable opportunity to inspect the Product and assess the issue before any remedy is provided.
(e) Where the issue relates to a manufacturer or supplier warranty, NOSIVA may refer the issue to the relevant manufacturer or supplier for assessment. NOSIVA will use reasonable endeavours to assist with that process, but any manufacturer or supplier warranty decision is ultimately a matter for the relevant manufacturer or supplier, except to the extent NOSIVA is responsible under the Australian Consumer Law.
(f) Where required by the Australian Consumer Law, NOSIVA will provide an appropriate remedy, which may include repair, replacement, refund or another remedy required by law. Where a valid manufacturer or supplier warranty claim is confirmed, the remedy may be provided in accordance with the relevant warranty terms, subject always to your rights under the Australian Consumer Law.
(g) Where the issue can be remedied by repair, adjustment, replacement part or other reasonable corrective action, you agree to give NOSIVA a reasonable opportunity to fix the issue.
(h) NOSIVA may refuse a return, refund, replacement or repair where the issue was caused by fair wear and tear, misuse, improper installation by someone other than NOSIVA, failure to follow manufacturer instructions or installation guides, modification, accidental damage, incorrect measurements or specifications provided by you, unsuitable site conditions or failure to take reasonable care.
6.5 NOSIVA product warranty
(a) Subject to the Australian Consumer Law, NOSIVA provides a 12 month warranty from the date of delivery against manufacturing defects in the workmanship or construction of Products supplied by NOSIVA.
(b) This warranty applies only to defects caused by NOSIVA’s manufacturing or workmanship and does not apply to defects, damage or issues caused by fair wear and tear, misuse, accidental damage, improper handling, incorrect installation by someone other than NOSIVA, failure to follow care instructions, unsuitable site conditions, natural material variation, exposure to moisture, humidity, heat or direct sunlight, staining, scratching, etching, chipping, or failure to maintain, seal or care for the Product.
(c) Where a valid claim under this warranty is confirmed, NOSIVA may, at its discretion and subject to the Australian Consumer Law, repair the Product, replace the Product, refund the price paid for the Product, or provide another remedy required by law.
(d) This warranty is provided in addition to any rights you may have under the Australian Consumer Law. Nothing in this warranty limits, excludes or modifies those rights.
6.6 Manufacturer AND SUPPLIER warranties
(a) Some Products may come with a manufacturer or supplier warranty, including warranties provided by third party manufacturers, stonemasons, fabricators, installers or other suppliers..
(b) Where a manufacturer or supplier warranty applies, NOSIVA will provide you with, or direct you to, the relevant manufacturer or supplier warranty information where reasonably available.
(c) Manufacturer and supplier warranties are provided by the relevant manufacturer or supplier and are in addition to any rights you may have under the Australian Consumer Law.
(d) Any warranty period stated by a manufacturer or supplier, including any 12 month warranty period, applies only to the relevant manufacturer or supplier warranty unless NOSIVA expressly states otherwise in writing.
(e) Nothing in these terms creates a separate NOSIVA warranty against defects unless NOSIVA expressly states that it is providing that warranty.
(f) Nothing in this clause limits, excludes or modifies any rights, guarantees, warranties, remedies or protections you may have under the Australian Consumer Law.
7 Product care, natural materials and exclusions
(a) Some Products may include natural stone, engineered stone, marble, granite, timber, veneer or other natural or semi-natural materials. You acknowledge that these materials may have natural variations in colour, tone, grain, veining, texture, pattern, markings, mineral deposits, knots, blotches, fissures and other characteristics. These characteristics are inherent to the material and are not defects.
(b) Unless expressly stated otherwise in writing, stone, timber and other natural material Products are intended for indoor use only. Exposure to outdoor conditions, including moisture, humidity, direct sunlight, heat, temperature fluctuations and weather, may cause movement, fading, staining, cracking, warping, discolouration or other damage.
(c) You are responsible for using, cleaning, maintaining and caring for Products in accordance with any care instructions, supplier instructions, manufacturer instructions or reasonable care requirements notified to you.
(d) For stone Products, you acknowledge that stone can be porous and may stain, etch, chip, scratch or mark if not properly used and maintained. Spills should be cleaned immediately, including spills involving oil, wine, alcohol, acidic substances, alkaline substances, citrus, beetroot, detergents, harsh chemicals, hot liquids or other staining or corrosive substances. Stone may require sealing or resealing at regular intervals, generally every 6 to 12 months depending on the material, use and supplier recommendations.
(e) Subject to the Australian Consumer Law, the following will not usually be treated as defects:
(i) natural variations in colour, grain, veining, texture, tone, markings or pattern;
(ii) staining, scratching, etching, chipping, surface marks or discolouration caused by use, cleaning, spills or exposure;
(iii) damage caused by impact, misuse, improper handling, moving, relocation or installation by someone other than NOSIVA;
(iv) damage caused by unsuitable site conditions, moisture, humidity, heat, sunlight or outdoor exposure;
(v) damage caused by abrasive materials, harsh chemicals or inappropriate cleaning products;
(vi) fair wear and tear;
(vii) failure to follow care instructions, supplier instructions or manufacturer instructions; and
(viii) failure to seal, reseal or maintain stone, timber or other natural materials as reasonably required.
(f) Nothing in this clause limits, excludes or modifies any rights, guarantees, warranties, remedies or protections you may have under the Australian Consumer Law
8 INTELLECTUAL PROPERTY
(a) NOSIVA retains all intellectual property rights in the Products, including any designs, drawings, plans, specifications, images, renders, guides, installation materials, product descriptions, branding, packaging and related materials, unless those rights are owned by a third party.
(b) You must not copy, reproduce, adapt, modify, reverse engineer, manufacture, commercialise or otherwise use any Product, design, drawing, plan, specification, image, render, guide, installation material, product description, branding, packaging or related material except as expressly permitted by NOSIVA in writing.
(c) If you provide NOSIVA with any drawings, plans, specifications, designs or other materials, you warrant that you have all rights and permissions required for NOSIVA to use those materials for the purpose of assessing, quoting, manufacturing, supplying, delivering or installing the Products.
(d) You indemnify NOSIVA against any loss, damage, cost or expense arising from a claim that NOSIVA’s use of materials provided by you infringes any third party intellectual property rights.
(e) In these terms, intellectual property rights means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential information, know-how and other proprietary rights, whether registered or unregistered, in Australia and anywhere else in the world.
9 THIRD PARTY TERMS AND SUPPLIERS
(a) NOSIVA may use third party suppliers, manufacturers, freight providers, couriers, payment providers, technology providers, installation contractors and other service providers in connection with the Website, Products, Orders, delivery, installation and payment processing.
(b) Your use of, or benefit from, any third party goods, services, platforms or providers may be subject to the applicable third party’s terms, conditions, warranties, policies and fees.
(c) Where reasonably practicable, NOSIVA will provide you with, or direct you to, relevant third party terms, manufacturer warranties, installation guides, product information or supplier information that applies to the Products you purchase.
(d) You agree to comply with any applicable third party terms notified to you, including manufacturer instructions, product care requirements, installation guides, warranty conditions, freight requirements and payment provider terms.
(e) To the maximum extent permitted by law, NOSIVA is not responsible for the acts, omissions, delays, defaults, errors, platform issues, payment issues, freight issues, warranty decisions or other conduct of third parties, except to the extent caused or contributed to by NOSIVA.
(f) Nothing in this clause limits any rights you may have under the Australian Consumer Law.
Part B For When You Browse This Website
10 ACCESS AND USE OF THE WEBSITE
(a) You must only use the Website in accordance with these terms and all applicable laws.
(b) If you use or access the Website on behalf of a business, you must ensure that your employees, contractors, subcontractors, representatives and agents who use or access the Website comply with these terms and all applicable laws.
11 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher, decompile or reverse engineer any part of the Website, except to the extent expressly permitted by law or with our prior written consent.
(b) use the Website for any purpose other than browsing, selecting, ordering or purchasing Products, or otherwise communicating with us about our Products or services.
(c) use, or attempt to use, the Website in a way that is unlawful, fraudulent, misleading or deceptive, or that facilitates unlawful, fraudulent, misleading or deceptive activity.
(d) use, or attempt to use, the Website in a way that interferes with, disrupts, damages or creates an unreasonable burden on the Website, or the servers, systems or networks that host or support the Website.
(e) use the Website with the assistance of any automated scripting tool, scraping tool, bot, crawler, spider or similar software, except with our prior written consent.
(f) upload, transmit or introduce any virus, malicious code, harmful component or other material that may damage, disrupt or compromise the Website or any related system.
(g) attempt to breach the security of the Website or any related system, including by gaining unauthorised access to Website accounts, data, servers or networks.
(h) scan, probe, test or assess the Website for security vulnerabilities without our prior written consent.
(i) overload, flood, mailbomb, crash or otherwise interfere with the normal operation of the Website.
(j) instigate, participate in or assist any denial-of-service attack or similar attack against the Website.
(k) use the Website in a way that may damage or adversely affect our reputation, business, goodwill or relationship with customers, suppliers or other third parties.
(l) link to the Website, frame the Website or display the Website within another website or platform in a way that suggests an association, approval or endorsement by us where none exists.
12 INFORMATION ON THE WEBSITE
(a) We make reasonable efforts to ensure that information on the Website is accurate and up to date, but you acknowledge and agree that:
(i) the Website may contain errors, omissions or defects.
(ii) the Website may be unavailable, interrupted or delayed from time to time.
(iii) messages, forms or communications sent through the Website may not be received, delivered promptly or delivered at all.
(iv) information you receive or provide through the Website may not be secure or confidential.
(v) product images, colours, finishes, dimensions, specifications, plans, installation guides, availability, prices, delivery information and other Website Content may not always be complete, accurate or current.
(vi) product colours, textures, grain patterns, finishes and appearances may vary from images shown on the Website due to screen display settings, photography, lighting, natural material variation, manufacturing processes and other factors outside our control.
(b) We may change any information, functionality or Website Content at any time without notice, including product descriptions, prices, specifications, dimensions, finishes, availability, delivery information and Website Content.
(c) You are responsible for checking that a Product is suitable for your intended purpose, space, measurements and installation requirements before placing an Order. Where you are unsure, you should contact us before placing an Order.
13 INTELLECTUAL PROPERTY
(a) We own or license the Website and all materials on the Website, including text, graphics, logos, designs, icons, images, photographs, videos, audio recordings, product descriptions, pricing, downloads, plans, installation guides, specifications, software and other content.
(b) Unless we expressly agree otherwise in writing, we retain all rights, title and interest in the Website and Website Content, including all intellectual property rights.
(c) You may make a temporary electronic copy of the Website or Website Content for the sole purpose of browsing the Website, placing an Order or considering our Products.
(d) You must not copy, reproduce, transmit, adapt, distribute, sell, modify, publish, commercially exploit or otherwise use the Website or Website Content without our prior written consent, except to the extent permitted by law.
(e) You must not use any Website Content, plans, installation guides, product designs, specifications, images or other materials for the purpose of manufacturing, copying, reverse engineering, quoting, installing, modifying or supplying any competing or similar product without our prior written consent.
(f) Where you provide us with any plans, drawings, designs, measurements, images, specifications or other materials, you warrant that you have the right to provide those materials to us and that our use of those materials for the purpose of providing Products or services to you will not infringe any third party rights.
(g) In this clause, intellectual property rights means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential information, know-how, proprietary rights and any rights to registration of those rights, whether created before or after the date of these terms, in Australia or anywhere else.
14 LINKS TO OTHER WEBSITES
(a) The Website may contain links to websites, platforms, manufacturer materials, supplier materials, warranty information, installation resources, payment providers, freight providers or other third party content that we do not own or control.
(b) We are not responsible for the content, accuracy, availability, security, performance, policies or practices of any third party website, platform or content.
(c) The inclusion of a link on the Website does not mean that we approve, endorse, recommend or accept responsibility for the linked website, platform, provider, product, service or content.
(d) You access and use any third party website, platform or content at your own risk and should review the terms, conditions, warranties and privacy policies that apply to that third party.
15 THIRD PARTY PLATFORM
(a) The Website is hosted, powered or supported by one or more third party platforms or service providers, including ecommerce, payment, checkout, analytics, marketing, freight, app and website infrastructure providers.
(b) Your use of the Website, checkout, payment functionality, delivery functionality or any related third party feature may be subject to the terms, conditions, policies and privacy practices of those third party providers.
(c) To the maximum extent permitted by law, we are not responsible for any act, omission, delay, fault, error, outage, security issue, payment issue, data issue, delivery issue or other problem caused by a third party platform or service provider.
(d) We may change, update, replace or remove any third party platform, service provider or Website functionality at any time.
(e) Nothing in this clause limits any rights you may have under the Australian Consumer Law or any liability that cannot be excluded by law.
16 SECURITY
(a) We take reasonable steps to support the security of the Website, but we do not guarantee that the Website will be free from viruses, malicious code, cyber threats, security vulnerabilities or other harmful components.
(b) To the maximum extent permitted by law, we are not responsible for any loss or damage to your computer systems, mobile phones, tablets, software, data or other electronic devices arising from or in connection with your access to or use of the Website.
(c) You are responsible for taking your own precautions when accessing the Website, including using appropriate security software, device protections and secure internet connections.
(d) You must notify us promptly if you become aware of any security issue, suspected misuse, vulnerability, unauthorised access or other problem involving the Website.
(e) Nothing in this clause limits any rights you may have under the Australian Consumer Law or any liability that cannot be excluded by law.
17 REPORTING MISUSE
You must contact us promptly using the contact details or form provided on the Website if you become aware of:
(a) any misuse or suspected misuse of the Website.
(b) any error, defect or inaccuracy in Website Content.
(c) any difficulty accessing or using the Website.
(d) any suspected security issue, vulnerability, unauthorised access or fraudulent activity involving the Website.
(e) any issue with an Order, checkout, payment, account, product information, delivery information or other Website functionality.
Part C Liability And Other Legal Terms
18 LIABILITY AND OTHER LEGAL TERMS
18.1 WARRANTIES
(a) Nothing in these terms limits, excludes or modifies any rights, guarantees, warranties, remedies or protections that you may have under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) or any other rights that cannot be excluded by law.
(b) Subject to the Australian Consumer Law, Products sold by us may also have the benefit of warranties provided by the relevant manufacturer or supplier. Where applicable, we will make information about the relevant manufacturer or supplier warranty available to you, including by providing a link to the relevant manufacturer’s or supplier’s warranty information where this is available.
(c) Any manufacturer or supplier warranty is provided by the relevant manufacturer or supplier, and is separate from any rights or remedies you may have against us under the Australian Consumer Law.
(d) To the maximum extent permitted by law, all express or implied representations, warranties, guarantees and terms not expressly stated in these terms are excluded.
18.2 LIABILITY
(a) To the maximum extent permitted by law, and subject to the Australian Consumer Law, our total liability to you for loss or damage arising out of or in connection with these terms, an Order, the Website or the Products is limited to the amount paid by you to us for the relevant Order giving rise to the liability.
(b) Nothing in this clause limits or excludes liability that cannot be limited or excluded by law, including liability under the Australian Consumer Law.
(c) You acknowledge that Products may be delivered by third party freight, courier or delivery providers. To the maximum extent permitted by law, we are not responsible for loss, damage, delay or delivery issues caused by a third party freight, courier or delivery provider, except to the extent the issue was caused or contributed to by us or we are otherwise liable under the Australian Consumer Law.
(d) You must notify us promptly if a Product is lost, damaged, delayed or affected by a delivery issue so that we can assist you to investigate and resolve the issue with the relevant freight, courier or delivery provider.
18.3 CONSEQUENTIAL LOSS
(a) To the maximum extent permitted by law, neither party will be liable to the other party for any incidental, special, indirect or consequential loss or damage, or for any loss of data, business, business opportunity, goodwill, anticipated savings, profits or revenue arising out of or in connection with these terms, an Order, the Website or the Products.
(b) This clause does not apply to liability for fraud, personal injury, death, loss of or damage to tangible property, or any liability that cannot be excluded or limited under the Australian Consumer Law or any other applicable law.
19 GENERAL
19.1 GOVERNING LAW AND JURISDICTION
(a) These terms are governed by the laws of Victoria, Australia.
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and the courts of appeal from them in respect of any proceedings arising out of or in connection with these terms.
(c) Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
19.2 WAIVER
(a) A party may only rely on a waiver of another party’s rights under these terms if that waiver is in writing and signed by the party granting the waiver.
(b) A waiver by a party of any right under these terms does not operate as a waiver of any other right or of the same right on any other occasion.
19.3 SEVERANCE
(a) If any provision of these terms is wholly or partly void, invalid, illegal or unenforceable, that provision is severed to the extent necessary.
(b) The validity and enforceability of the remaining provisions of these terms are not affected.
19.4 JOINT AND SEVERAL LIABILITY
If two or more persons accept these terms together, each of them is jointly and severally liable for all obligations and liabilities under these terms.
19.5 ASSIGNMENT
(a) You must not assign, novate or otherwise transfer any of your rights or obligations under these terms without our prior written consent.
(b) We may assign, novate or otherwise transfer any of our rights or obligations under these terms on notice to you, provided that the transfer does not materially reduce your rights under these terms or any rights you have under the Australian Consumer Law.
19.6 COSTS
Except as otherwise stated in these terms, each party must pay its own costs and expenses in connection with these terms and any Order.
19.7 ENTIRE AGREEMENT
Subject to any rights you may have under the Australian Consumer Law, these terms contain the entire agreement between the parties about their subject matter and supersede any prior negotiation, conduct, arrangement, understanding or agreement, whether express or implied, about that subject matter.
19.8 INTERPRETATION
In these terms, unless the context requires otherwise:
(a) words in the singular include the plural and vice versa.
(b) a reference to $, dollars or currency is a reference to Australian dollars.
(c) words indicating a gender include all genders.
(d) if a word or phrase is given a defined meaning, any other grammatical form of that word or phrase has a corresponding meaning.
(e) a reference to a person includes an individual, company, corporation, partnership, trust, association, government body or other legal entity.
(f) a reference to a party includes that party’s executors, administrators, successors and permitted assigns.
(g) a reference to these terms includes any schedules, attachments, annexures or documents incorporated by reference.
(h) a reference to a document includes that document as varied, replaced or updated from time to time.
(i) headings are for convenience only and do not affect interpretation.
(j) the words including, includes and similar expressions are not words of limitation.
(k) no provision of these terms will be interpreted against a party merely because that party prepared or proposed the provision.
20 NOTICES
(a) Any notice or other communication required or permitted under these terms must be in writing and sent by email.
(b) A notice to us must be sent to the email address listed on the Website or any other email address we notify to you for that purpose.
(c) A notice to you may be sent to the email address you provide when placing an Order, creating an Account, communicating with us, or otherwise using the Website.
(d) The subject line of the email should clearly identify the notice and, where relevant, the Order or matter it relates to.
(e) A notice sent by email will be taken to have been received 24 hours after it is sent, unless the sender receives an automated message or other notice indicating that the email was not delivered.
(f) This clause does not prevent us from contacting you by phone, SMS, post or other reasonable means about an Order, delivery, product issue, account issue or other operational matter.