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Terms and Conditions
Terms and Conditions of Sale – Pressure Max XD
Please read these Terms and Conditions carefully before completing the order form.
This is a legal document which constitutes an agreement between you and Shear Comfort™. If you do not agree to these Terms and Conditions, do not use this on-line facility. These Terms and Conditions are subject to change at any time without notice at the sole discretion of Shear Comfort™.
1. DEFINITIONS
In these Terms and Conditions:
Shear Comfort™ means Lanapelle Australia Pty Ltd ACN 086 731 615 trading as Shear Comfort™ selling products to the Customer as identified in Shear Comfort™ quotation or invoice.
“Customer” means an adult person or legal entity identified in the Customer order or Shear Comfort™ quotation or invoice.
“Contract” means a contract for sale by Shear Comfort™ to the Customer of Shear Comfort™ products constituted by Shear Comfort’s™ acceptance of the Customers offer and incorporating these Terms and Conditions.
2. FORMATION OF CONTRACT
2.1 The display of goods on the Shear Comfort™ website is for advertising purposes only. While Shear Comfort™ will use its reasonable efforts to ensure that the products delivered correspond to their description, variations may be expected and the products delivered to the Customer may differ from the goods displayed on the website.
2.2 The Customer warrants that when it places an order the Customer is buying for its personal use only and not for resale purposes.
2.3 When a Customer places an order on the Shear Comfort™ website, that order constitutes an offer by the Customer to Shear Comfort™ to buy the products in accordance with the Contract.
2.4 Therefore, no contract shall come into existence until the Customer’s order has been accepted by Shear Comfort™ . Shear Comfort™ will not be contractually bound to supply the products unless and until the Customer’s offer is accepted.
2.5 The products sold are subject only to these Terms and Conditions to the exclusion of any other terms and conditions including any other terms or conditions stipulated or referred to by the Customer.
2.6 The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions and the Contract.
2.7 A notification will be sent by email to the Customer confirming Shear Comfort’s™ acceptance of the offer within 14 days. The Contract shall be deemed to be concluded at the time and place where such acceptance is received by the Customer’s web server.
2.8 These Terms and Conditions are subject to the laws of Australia including without limitation the Trade Practices Act 1974 (the Act).
3. PRICE AND PAYMENT
3.1 Unless credit terms have been expressly agreed by Shear Comfort™ payment for the products shall be made in full before delivery.
3.2 Payment may be made by either credit card, cheque or money order. The prices of Shear Comfort™ products are displayed on the website. Shear Comfort™ reserves the right to change the prices of its products from time to time.
3.3 The Customer shall pay for all shipping and handling charges attributable to delivery of the products to the delivery address specified.
3.4 The Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.
4. DELIVERY
4.1 The delivery of products is subject to availability.
4.2 Shear Comfort™ shall deliver the products to the place of delivery specified by the Customer and agreed to by Shear Comfort™.
4.3 Any dates quoted by Shear Comfort™ for the delivery of the products are based on normal expectancy and are approximate only and shall not form part of the Contract. Shear Comfort™ shall not be liable for any delay in delivery of the products, howsoever caused. Time of delivery is not of the essence in the Contract.
4.4 Shear Comfort™ will make every effort to effect delivery as quoted but will not be liable for any loss, damage or harm of any nature whatsoever suffered by the Customer or any other person arising directly or indirectly from delay in delivery.
5. ACCEPTANCE OF PRODUCTS
5.1 Unless the Customer notifies Shear Comfort™ to the contrary 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 order and condition, corresponding with their description and delivered 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 Shear Comfort™.
5.2 New Shear Comfort™ products purchased under these Terms and Conditions directly from Shear Comfort™ by the Customer may be returned by the Customer up to thirty (30) days from the date of the invoice for a replacement, refund or credit of the purchase price in accordance with the Shear Comfort™ “Money Back Guarantee” in effect on the date the Customer places its order. The refund or credit will not include any shipping and handling charges forming part of the purchase price. Returned products must be received by Shear Comfort™ in asnew or asshippedby Shear Comfort™ condition and other items included with a product must be returned with it.
6. TITLE AND RISK
6.1 Title in and beneficial ownership of the products remains with Shear Comfort™ (notwithstanding delivery of such products to the Customer) until the Customer has paid the full price of the products and all other sums whatsoever due to Shear Comfort™.
6.2 Risk for any loss or damage to or deterioration of the products arising from a cause not otherwise covered by the Standard Warranty is borne by the Customer from the time of delivery.
7. WARRANTY
7.1 Unless specified otherwise, Shear Comfort™ warrants to the Customer that Shear Comfort™ branded products, will be free from defects in materials and workmanship affecting normal use for a period of at least 50 washes, providing washing instructions have been adhered to (“Standard Warranty”).
7.2 This Standard Warranty does not cover damage, fault, failure or malfunction due to the failure to follow the recommended washing or other care instructions or normal wear and tear or any occurrence outside of Shear Comfort’s™ control.
7.3 Shear Comfort™ will repair or replace products returned in accordance with this warranty. All returns must be accompanied by the original invoice for the product. The Customer must prepay shipping and transportation charges, and ensure the shipment or accept the risk of loss or damage during such shipment and transportation. Shear Comfort™ will ship the repaired or replacement products to the Customer freight prepaid.
8. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of South Australia and shall be subject to the nonexclusive jurisdiction of the courts of South Australia.
9. GENERAL
9.1 The Customer shall not assign or otherwise transfer any Contract or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of Shear Comfort™. Any unauthorised assignment shall be deemed null and void.
9.2 If any provision of these Terms and Conditions is held by a court to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.
9.3 Shear Comfort™ shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Customer upon making a purchase.
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