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Terms & Conditions
This Web Site aussieemus.com.au (the “Site”) is an information and online purchasing website where you can browse, select and order products fromAD Marketing & Production Pty Ltd trading as Emus – Australian Sports Fans (“Emus”, “us” or “we”)
ABN 13 600 458 062
Maroochydore QLD 4558
AUSTRALIAPhone 1300 782 001
Email [email protected]
Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions.
You agree to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of product reviews on the Site.
You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
You agree not to use any data listed on the site for commercial purposes e.g. through price or information scraping
- Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Aussieemus.com.au does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use YOURJERSEY.COM.AU only with involvement of a parent or guardian. Aussieemus.com.au reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
- Placing an order for Products
You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
You agree to provide us with current, complete and accurate details when asked to do so by the Site.
- Acceptance or rejection of an order
In certain circumstances, we may need to reject your order, including but not limited to where the requested Product is not available or if there is an error in the price or the product description posted on the Site.
Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:
(a) Supply the Products in that order to you in accordance with these terms and conditions; and
(b) Send you an email confirmation of that order – though with the nature of the internet we cannot guarantee receipt. Please add the aussieemus.com.au email address in your contact address book to ensure emails are not sent to SPAM or blocked by your fire wall.
If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
In the interests of all our customers, we operate a bulk purchase policy and may refuse to supply if multiple orders are placed for large quantities of the same product for the same billing or shipping address.
- Delivery of Products/Shipping Terms
We will only deliver Products ordered through the Site to a location where we provide delivery services. We will endeavour to send your order as a single delivery but in the case of being restricted by size/post weights/ courier requirements we may need to send multiple deliveries for your order and these will be charged accordingly, we or our delivery company may need to contact you to arrange a delivery date for certain products. The Delivery Fee for your order depends on the type of Product you order (in particular, the size and weight of the Product).
You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
We also recommend that you be present to accept the delivery of your order if you have paid by credit card. We will send the order to the nominated delivery address and depending on the delivery service the person accepting the delivery of your order may need to provide us with proof of that person’s identity (including photographic identification)
If there is no one or no appropriate person (for example, above 18 years old) at the Delivery Address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the Products you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery.
You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order
- Cancelling an order
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the Products in that order are not available; or (b) there is an error in the price or the product description posted on the Site for the Product in that order; or (c) that we reasonably believe your order has been placed in breach of these terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
You may cancel an order (whether it is accepted by us or not) by contacting The accounts Manager within 24 hours of submitting the order. On cancelling the order, we will refund your payment either to your original payment method or through an alternative means.
- Fees and charges
We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
The purchase price of each product is shown on the product list on the Site at the time you place your order. The purchase price of a product on the Site and we are not obliged to match any prices from elsewhere.
Prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (and in particular, our Back Order Policy), once we have accepted your order, we will not change any prices that apply to the Products in that order.
If you cancel an order then we will refund any amounts paid by you for that cancelled order in accordance with our Return Policy and Delivery Policy.
- Payment methods
You may pay the fees and charges for an accepted order using the PayPal system, you may be required that you register with PayPal in order to make a secure payment for your products
If you choose to pay by credit card for an order placed outside the online order system you must authorise us to debit the amount that is payable for an accepted order from your nominated credit card, we accept Visa and Mastercard in this case.
You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
You will be provided with a payment receipt through the Eway secure payment system, invoices will be sent with the delivery.
- Damaged Products and returns
If you notice damage to a product after delivery, you should notify us within 14 days of delivery and return that product in accordance with the aussieemus.com.au Returns Policy which forms part of these terms and conditions.
Subject to clause 11 (3), we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
Subject to clause 11 (3), we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
11 (3) Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and (b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
(a) the breach cannot be remedied; or (b) you fail to remedy the breach within 10 days of our notice to you of that breach; or (c) if there is an emergency.
We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
- Changes to these terms and conditions
For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
- Risk of Loss
Risk and title to Product passes to you on the date and time of delivery to the delivery address.
- Product Descriptions
aussieemus.com.au attempts to be as accurate as possible. However, aussieemus.com.au does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
Business Hours means 8.00am to 5.00pm EST Monday to Friday
Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
LoginID means the email address that you provided to us as part of the registration process to use the Site.
Product/Goods means each good or service that is advertised on the Site.