Terms and Conditions
These Terms and Conditions and any document(s) referred to in them constitute the entire agreement about The Australian Duster & Feather Superstore’s supply of Products to the Customer and supersedes all prior understandings, arrangements, representations and agreements.
In these Terms and Conditions:
“Customer” means the person, business, company or other legal entity that is the purchaser of the Products and Services;
“The Australian Duster & Feather Superstore” means The Australian Duster & Feather Superstore ABN 40 799 016 114
The Australian Duster & Feather Superstore may reject any order placed by the Customer if there is an insufficient supply of Products which prevents The Australian Duster & Feather Superstore from being able to fulfill such order.
The Australian Duster & Feather Superstore will not be bound by any terms and conditions attaching to the Customer’s order and, unless those terms and conditions are expressly agreed in writing by an authorised representative of The Australian Duster & Feather Superstore, the Customer agrees that those terms and conditions are excluded.
The delivery times made known to the Customer are estimates only and The Australian Duster & Feather Superstore will not be liable for late delivery or non-delivery. Under no circumstances will The Australian Duster & Feather Superstore be liable for any loss, damage or delay suffered or incurred by the Customer or its customers arising from late or non-delivery of the Products.
4. Inspection and acceptance of products
The Customer must inspect all Products upon receipt of delivery to the Customer’s premises. Unless the Customer notifies The Australian Duster & Feather Superstore of any matter by which the Customer alleges that the Products are not in accordance with the Customer’s order on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the Price of the Products whilst any claim is being investigated by The Australian Duster & Feather Superstore.
5. Title and risk
Products supplied by The Australian Duster & Feather Superstore to the Customer will be at the Customer’s risk immediately upon delivery of the Products to a recognised carrier for transport to the Customer or into the Customer’s custody and control (whichever is the sooner).
Title in the Products supplied by The Australian Duster & Feather Superstore to the Customer will not pass to the Customer until those Products and any other products supplied by The Australian Duster & Feather Superstore to the Customer have been paid for in full.
6. Return policy and limited Warranty
Every third party product you buy from The Australian Duster & Feather Superstore is backed first by the product manufacturer’s warranty. The Australian Duster & Feather Superstore’s 7 day limited warranty against defects, may also apply. The Australian Duster & Feather Superstore’s 7 day limited warranty is a defective exchange policy that provides for replacement of merchandise that has been confirmed as defective by either the manufacturer or The Australian Duster & Feather Superstore. Products confirmed as defective by the product manufacturer or The Australian Duster & Feather Superstore will be exchanged at our sole discretion within the first 7 days of ownership only. After 7 days the product manufacturer warranty is the only warranty in effect. Terms and conditions may vary by product or manufacturer. For assistance or to exchange a defective product please contact us. Products returned for exchange must be in new condition, original packaging and be received within 7 days of the invoice date. We reserve the right to refuse for return or charge a restocking fee for damaged or incomplete returns. No returns will be accepted without an RA number issued by The Australian Duster & Feather Superstore.
Returns will be subject to The Australian Duster & Feather Superstore’s returns policy as advised to the Customer and amended by The Australian Duster & Feather Superstore from time to time.
Each claim for the return of Products by the Customer will be dealt with in accordance with the Returns Policy. Any substitute Products to be shipped to the Customer in accordance with the Returns Policy will be sent by The Australian Duster & Feather Superstore to the Customer by ordinary freight pre-paid. If the Customer requests that the Products be sent by means other than ordinary freight, the extra cost of such accelerated or special freight must be paid by the Customer.
The Australian Duster & Feather Superstore will not be liable for any damage or defects in the Products that have been caused by the improper storage, warehousing or transport, or by any neglect, abuse or improper use, installation, maintenance or unauthorised repair of The Australian Duster & Feather Superstore’s Products.
The provisions of this clause 6 do not extend to any Products which have been added to, modified, varied or changed by any person or party other than The Australian Duster & Feather Superstore.
7. Loss or damage in transit
The Australian Duster & Feather Superstore is not responsible for any loss or damage to Products in transit.
8. Customer’s cancellation
Unless otherwise agreed in writing, the Customer will not have the right to cancel an order which has been accepted by The Australian Duster & Feather Superstore.
If a Customer’s right of cancellation is agreed to by the parties in writing, the right must be exercised by notice in writing from the Customer to The Australian Duster & Feather Superstore not later than 7 days before the estimated date of shipment by the manufacturer or The Australian Duster & Feather Superstore (as the case may be).
Unless otherwise agreed between the Customer and The Australian Duster & Feather Superstore, upon cancellation prior to shipment, any deposit paid by the Customer will be forfeited to The Australian Duster & Feather Superstore.
To the extent permitted by law, The Australian Duster & Feather Superstore will not be liable to the Customer or any other person under any circumstances for any loss of use, profit, revenue,interest, goodwill or data, or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by the Customer, whether such liability arises directly or indirectly as a result of:
any negligent act or omission or willful misconduct of The Australian Duster & Feather Superstore or its employees or agents;
the supply, performance or use of any Products or Services; or
any breach by The Australian Duster & Feather Superstore of its obligations under these Terms and Conditions or any relevant Sales Contract.
The Australian Duster & Feather Superstore may amend these Terms and Conditions at any time, by giving the Customer notice by mail, e-mail or by posting a notice on The Australian Duster & Feather Superstore’s public web site. By continuing to place orders for Products and Services after these Terms and Conditions are amended, the Customer will be deemed to have accepted the revised Terms and Conditions.
Any provision of these Terms and Conditions which is invalid, void, voidable or unenforceable will be read down to the extent necessary, and the remaining provisions will continue unaffected.
The Customer may not assign or attempt to assign any of its rights and obligations under these Terms and Conditions. The Australian Duster & Feather Superstore may assign its rights and obligations under these Terms Conditions to any person.
These Terms and Conditions are governed by the laws of the State of QLD. The Customer submits to the non-exclusive jurisdiction of the courts of that State. Unless otherwise specified, the Terms and Conditions set out herein are additional to all other conditions, warranties, guarantees, rights and remedies expressed or implied by the Trade Practices Act.
At The Australian Duster & Feather Superstore, we believe in being fair to our customers. If you are not satisfied with a product you purchased from us and you return the product with the original receipt or invoice within 7 days of invoice date, you may exchange the product or receive a refund less any associated cost, such as freight and re-stocking fee, except as explained below.
1. For items in their original, unopened and undamaged packaging, a credit will be issued for the original purchase price of the product less any associated freight costs.
2. For opened items in new condition, with the original box, packaging, manuals and accessories, a credit will be issued for the original purchase price of the product less:
any associated freight costs and
an restocking fee of 20% of the purchase price if the product is returned within 7 days after purchase.
At the sole discretion of The Australian Duster & Feather Superstore, unopened products may be accepted for return outside of the 7 day purchase period. In these circumstances a restocking fee of 20% will apply.
The re-stocking fee will be deducted from any credit or refund amount offered to you.
Credit card refunds will be credited to the original credit card.
All returns must be shipped prepaid. The Australian Duster & Feather Superstore will refund shipping charges for defective/damaged merchandise only. Products returned to The Australian Duster & Feather Superstore without proof delivery may result in forfeiture of your refund.
Non-Return Basics Items
The term Non-Return Basis means that, unless the product is dead on arrival, damaged in transit, or otherwise returnable under statutory warranty (e.g. if the product is faulty, does not match a description or sample, is unfit for purpose), the product will not be accepted for return.
Contact us to obtain your Return Authorization (RA) number and details including mailing address and procedures. RA numbers are valid for 14 days from date of issue. We are unable to accept returns without an RA number.
Any return from outside of Australia, customers are responsible for Import taxes, duty and any associated custom charges.
Manufacturer’s Returns Policy and Manufacturer’s Warranty
Please note that all items are sold with a manufacturer’s warranty, unless otherwise stated.
If a item purchased from The Australian Duster & Feather Superstore develops a fault after 7 days from original purchase, we recommend that in the first instance, you contact the The Australian Duster & Feather Superstore. Warranty periods and service levels vary by manufacturer and product.
Other than as required by statutory warranties, we reserve the right to refuse any returns that:
• are incomplete or missing parts
• are not in their original packaging
• show signs of physical damage
Revisions to these terms and conditions.
The Australian Duster & Feather Superstore may revise these terms and conditions at any time by updating The Australian Duster & Feather Superstore’s site www.goled.com.au. All revisions to these terms and conditions are effective for transactions after the update. You agree that if any part of these terms and conditions are found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect.
TERMS AND CONDITIONS OF USE WEB SITE
WEB SITE NOTICE
No part of the material contained in this web site may be reproduced, modified, distributed, stored in a retrieval system, or transmitted in any form or by any means electronic, mechanical, photocopying, recording, or otherwise without prior written approval of The Australian Duster & Feather Superstore.
ONLY SANCTIONED USES OF THIS WEB SITE
This web site is for your own personal and non-commercial use, and you agree to use this web site for lawful purposes only. You will not import or export any information to or from this web site which is unlawful, threatening, abusive, fraudulent, offensive, harmful, obscene, defamatory, inciting, hateful, racially, ethnically, or otherwise objectionable, in violation of any person’s rights of publicity, or contains worms, Trojan horses or any viruses of any kind, either now known or hereinafter discovered, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
You may link to third party web sites. Such linked web sites are not under the control of The Australian Duster & Feather Superstore and The Australian Duster & Feather Superstore is not responsible for the content of any linked web site or any link contained in a linked web site. The Australian Duster & Feather Superstore reserves the right to terminate any link or linking program at any time. The Australian Duster & Feather Superstore does not endorse companies or products to which it links, unless expressly stated otherwise. If you decide to access any of the third party web sites linked to this web site, you do so entirely at your own risk.
You may provide links to our web site from other web sites provided that (a) you link only to our web site’s home page, (b) you do not remove or obscure, by framing or otherwise, any identifications, advertisements, copyright notices, or other notices on our web site, (c) you give The Australian Duster & Feather Superstore notice of such links via e-mail or certified postal mail, and (d) you discontinue providing links to our web site if requested by The Australian Duster & Feather Superstore.
RULES FOR INTERNATIONAL USE
If you are an International user, outside of the Australia, you agree to comply with all local rules regarding on-line conduct and content.
DISCLAIMER OF WARRANTIES
The materials available in and on this web site, including materials in linked sites directly or indirectly accessible from this web site, are provided “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. IN ADDITION, THIS WEB SITE DOES NOT REPRESENT OR WARRANTY THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE, OR CURRENT.
We do not warrant that the materials on this web site, or any site directly or indirectly accessible from this web site, will be error free, free of viruses, worms, Trojan horses, defamatory, obscene, or other harmful material. You assume the entire cost of any necessary service, repair or correction.
LIMITATION OF LIABILITY
Under no circumstances shall we, nor our affiliates, agents, suppliers, employees, or other representatives be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenue, lost data, loss of or damage to property, or any other similar economic loss), whether in contract, tort, or otherwise, arising out of (i) the use, or inability to use the materials available in or on this web site, or any linked web site, even if we are advised of the possibility thereof, nor for any claim by a third party; (ii) the cost of procuring substitute goods or services resulting from any goods, services, data, or information purchased or obtained, or messages received or transmitted from your use of this web site; (iii) any other matter relating to this web site.
You agree to defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including attorney’s fees) arising out of your use of this web site.
You shall not copy, use, modify transit, distribute, reverse engineer, or in any way exploit copyrighted or proprietary materials available in or on this web site, except as expressly permitted by the respective owner(s) thereof. All content included in or on this web site, such as text, graphics, logos, button icons, images, audio and/or video clips is the property of The Australian Duster & Feather Superstore and are protected by Australia and International Copyright laws.
OUR RIGHT TO MONITOR
We may electronically monitor any areas of this web site and may disclose any records or electronic communication of any kind (i) to satisfy a government request, law or regulation; (ii) to protect our rights or the rights of other users, sponsors, affiliates, licensors and licensees; (iii) to protect our ability to maintain and operate this web site.
The Australian Duster & Feather Superstore may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If The Australian Duster & Feather Superstore requests payment for increased prices, you may cancel the order by giving notice to The Australian Duster & Feather Superstore, which must be received within seven days of the announcement of the increase.