This page outlines the terms and conditions ("Terms and Conditions") which apply to the supply of any of the products(s) ("Product") listed on our website. Please read these terms and conditions before ordering any Product from our website. You agree to be bound by these terms and conditions each time you order a Product from www.archandalex.com.au. References to "we", "our" and "us" means ARCH & ALEX PTY LTD (ABN 61 610 617 724).
Entire Agreement These Terms and Conditions shall apply to all orders and contracts made for the supply of the Product by us. When you submit an order to us, give delivery instructions or accept delivery of the Product, this shall constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affect your statutory rights under Australian Consumer Laws.
No other terms and conditions will apply. Any conditions which you submit, propose or stipulate at any time are expressly waived or excluded. We reserve the right to amend these Terms and Conditions at any time. All amendments will be posted on www.archandalex.com.au. Please make sure you have read our Terms and Conditions at the time of purchase. Your continued used of this website will constitute acceptance of the new Terms and Conditions.
Order Acceptance and Contract It is your responsibility to ensure that the Product is sufficient and suitable for your purposes and meets your individual requirements. We do not warrant that the Product will meet your individual requirements. You acknowledge that the Product is standard and not made bespoke to fit any particular requirements that you may have.
Once order placement has occurred, you are engaged in a contract that sees you accept the prices and descriptions of the items you have ordered. Once an order has been placed with us, you will receive an email confirmation of payment. This email does not indicate acceptance of the order, it is simply a confirmation that we have received it. Unless an order is cancelled by you, the order acceptance does not occur until we email you informing you that your order has been shipped. Once this has occurred, the sale contract has concluded.
If we are unable to obtain authorisation for the payment or in the case where we may suspect fraudulent use of credit card - we reserve the right not to accept your order. We also reserve the right to not accept your order if certain shipping restrictions apply for the area of delivery, or if the item ordered is out of stock or withdrawn from sale for any particular reason.
Delivery We aim to deliver the Product to you at the delivery address specified in your order. We aim to deliver within the time indicated by us but we cannot promise an exact date of delivery. We shall aim to let you know if we expect that we are unable to meet our estimated delivery date. We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address. We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
All risk in the Product shall pass to you upon delivery. From the time when risk passes to you, we will not be liable for any loss or damage of the Product. You must take care when opening the Product so as not to damage it, particularly when using sharp instruments. You must ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us. If you are not available to take delivery or collection of your order, we may leave a card giving you instructions on either re-delivery or collection from the courier.
Cancellation We may cancel your order if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same payment method originally used by you to pay for the Product.
Pricing All prices shown on our website are in Australian dollars and are inclusive of GST. On international orders, no Australian GST is charged on the Product but it is law that GST is applied to freight. Delivery and shipping (if any) will be charged in addition.
Colours Please note that the colours of the Products will sometimes vary depending on the quality and make of the computer systems or monitors that are being viewed on.
Information On The Site Whilst we try and ensure that all details, descriptions and prices which appear on our website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible before we take payment and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled and refund your payment.
We do not accept any liability for any loss or damage suffered (directly or indirectly) by making use of the website's information. We do not accept responsibility for events publicised on our website and we advise anyone planning to attend at an event listed to recheck details. We do not accept any responsibility for any loss, disruption or damage to your data or your computer system which may happen when accessing this website.
Legal Capacity To Transact If you are under the age of eighteen years, you CANNOT place orders with us. By accepting these Terms and Conditions, you acknowledge that you are over the age of eighteen years. Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation from the parents or guardians of the minor who cased any order(s) to be placed with us.
Our Liability We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product.
Credit Card Fraud Whilst we employ the latest SSL technology software for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
Force Majeure We shall not be liable for any delay in performing any of our obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of us, and we shall be entitled to a reasonable extension of time for the performance of such obligations.
Governing Law These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria, Australia and shall be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.