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Terms & Conditions

Ecoliving Collection (BN98063421) (“the Company”) TERMS AND CONDITIONS OF SALE 1. Interpretation a) “Contract” means the contract formed between the Company and the Customer for the supply of goods. b) “Goods” means, those products, materials and services ordered and purchased by the Customer through the Company’s online facility; c) “online facility” means those goods, products, material and services the Company makes available for sale over the internet at the web-site www.ecoliving.com.au. or any other web-site the Company may use or designate for this purpose from time to time. d) In this Agreement, unless otherwise indicated by the context: (i) words importing the singular include the plural and vice versa; (ii) an expression importing a natural person includes a body corporate; (iii) a reference to a party includes that party’s successors and permitted assigns; (iv) a covenant or agreement on the part of two or more persons binds them severally and jointly. 2. Payment Payment for Goods must be made by the Customer and received in full by the Company within fourteen (14) days of the issuing by the Company of a tax invoice in respect of the Goods. 2A. Refund Policy The Company guarantees to refund a Customer the full value paid for any Goods if the Customer is not satisfied with the Goods purchased (excluding all delivery costs and charges which the customer remains liable for) provided a written request for a refund is made to the Company within 7 days of the date the Goods are delivered to the Customer and the Customer provides evidence of purchase. This guarantee applies only to purchases made via the Company’s online facility. 3. Delivery 3.1 All reasonable efforts to deliver the Goods to the Customer at the time(s) arranged will be made by the Company. All online purchases will be delivered (at the Customers request) by either of the following (i) standard registered mail delivery which may take up to 14 days; or (ii) express post delivery, which is subject to Australia Post delivery times in the location in which the Customer is based. The cost incurred at the failure of the Customer to accept the Goods will be borne by the Customer. 3.2 The Company will not take responsibility for any delay in delivery by Australia Post or for any other reason including the inability of the Company to secure continuation of supply of the Goods. 3.3 Any damage to property on delivery or any damage to the Goods being delivered will not be at the responsibility of the Company. 3.3 The Customer is obliged to inspect the Goods upon delivery as soon as practicable. 3.4 There will be no obligation on the part of the Company to accept the return of the Goods unless required by law. 4. Title 4.1 Legal and equitable title will only pass to the Customer upon full and final payment for the Goods to the Company. 4.2 The Customer will hold the Goods as bailee for the Company until full payment for the Goods including any amount outstanding on account for the Customer is received. The Customer as bailee must hold and maintain the Goods in good condition. 4.3 The Company may at its discretion take possession of the Goods if the Customer defaults. 5. Warranty 5.1 Without limitation to the Customer’s non-excludable statutory rights in this regard, the Company warrants that the Goods are of merchantable quality; that subject to 5.2 the Goods are free of manufacturing defects and will remain so for a period of twelve (12) months from the date of Dispatch of the Goods by the Company to the Customer. 5.2 The Customer agrees that as regards any warranty claim the Customer will when making any such claim provide to the Company a digital photograph and engineering summary in respect of the alleged failure of the Goods. 6. Default 6.1 Default of these Terms and Conditions includes any breach by the Customer of these terms, non-payment for the Goods by the due date or any act of bankruptcy or insolvency including the external administration of the Customer. 6.2 Any default of the Customer will enable the Company to claim the return of the Goods without notice to the Customer making all monies payable on demand and the Company at its discretion to treat the whole contract as repudiated and sue for breach of contract (if required). 7. Credit 7.1 The Company does not grant any credit to Customer’s using the online facility to purchase Goods. 8. Disclaimer The Company will not be liable for failure to complete this Agreement to the extent and for so long as performance is delayed because of circumstances beyond the Company’s control, the failure of a supplier to the Company or the failure of the Company’s importation or other arrangements in respect of the Goods. 9. Fit for Purpose 9.1 Except as expressly provided to the contrary, all representations, warranties, terms and conditions in relation to the Goods are excluded to the maximum extent permitted by law. 9.2 The Customer is required to expressly advise the Company of the specific purpose for the Goods. 10. Limitation of Liability 10.1 If the Company is in breach of this Agreement, liability is strictly limited to the value of the relevant Goods, products or material, the cost of replacement of the defective Goods as soon as reasonably practicable or the repair of the defective Goods or the repayment (or allowance) of the invoiced price of the defective Goods. 10.2 The Company’s liability for breach of this Agreement does not extend beyond the defective Goods supplied pursuant to the Customer’s purchase order or otherwise. 10.3 Where loss or damage is not covered in paragraph 10.1 or 10.2, the Company is not liable to the Customer under statute or rule of law or equity (including negligence or otherwise) for any loss or damage arising out of its supply of the Goods. 11. Risk Upon delivery of the Goods all risks pass to the Customer or risks pass upon the passing of title to the Customer whichever is earlier. 12. Use of Logos, trademarks 12.1 The Customer recognises that all intellectual property including the trademarks, registered designs, patents and copyright used on or relative to the Goods are the property of the Company. The Customer may not use any logos, trademarks or other intellectual belonging to the Company. 13. Dispute Resolution – Australian Commercial Disputes Centre Mediation 13.1 If a dispute arises out of or relates to this agreement, or the breach, termination, validity or subject matter thereof, or as to any claim in tort, in equity or pursuant to any domestic or international statute or law, the parties to the agreement and the dispute expressly agree to endeavour in good faith to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation. 13.2 A party claiming that a dispute has arisen must be given written notice to the other parties to the dispute specifying the nature of the dispute. 13.3 On receipt of such notice, the parties to the dispute must within seven (7) days of receipt of the notice seek to resolve the dispute. 13.4 If the dispute is not resolved within seven (7) days or within further period as the parties agree then the dispute is to be referred to ACDC. 13.5 The mediation is to be conducted in accordance with ACDC Mediation Guidelines, which set out the procedures to be, adopted, the process of selection of the mediation and the costs involved and which terms are deemed incorporated. 14. Indemnity The Customer indemnifies and will keep indemnified the Company against any loss or damage suffered by the Company as a result of any breach by the Customer of the terms of this Agreement. 15. Online Purchase Orders Non-cancelable 15.1 The Customer acknowledged that the online Purchaser Order is irrevocable and may not be withdrawn or cancelled except with the written consent of the Company and then upon such terms (including as to part payment of the price of the Goods) as the Company may in its absolute discretion determine. 16. Costs The Customer shall be liable to the Company for all legal costs (on a solicitor and own client basis) and the costs of any mercantile agents in respect of proceedings for recovery under this Agreement. 17. Severance If a provision of this Agreement would but for this clause be unenforceable the provision must be read down to the extent necessary to avoid that result. If the provision cannot be read down it is to be severed without affecting the validity and enforceability of the remainder of this Agreement. 18. Applicable Law The laws of the State of New South Wales shall govern this Agreement and the Courts of that State shall have non-exclusive jurisdiction in connection with this Agreement. © Grech Partners Solicitors