Terms & Conditions
Your use of the Site will be subject to these terms and conditions and by using the Site you agree to be bound by them. Any products or services you order from the Site are supplied subject to our terms of supply.
We reserve the right to change these terms and conditions from time to time by changing them on the Site. These terms and conditions were last updated on 12 May 2009.
Access to the Site
It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
What you are allowed to do
You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed before you access the relevant features, parts or content.
What you are not allowed to do
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
- store pages of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site;
- remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
- create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
Intellectual property rights
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
Except to the extent that our terms of supply apply, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
Your personal information
The Site may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators.
Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any liability that may not, under Australian law, be limited or excluded. Subject to this, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
These terms and conditions shall be governed by Australian law, and you agree that any dispute between us regarding them or the Site will only be dealt with by Australian courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
Please submit any questions you have about these terms and conditions or any problems concerning the Site by email to Australia@smiffys.com or write to us at:
Smiffy's Australia PTY Limited,
c/- Shelfcom, Suite 1707,
Level 17, Australia Square House,
264-278 George Street,
New South Wales, 2000
TERMS OF SUPPLY TO CONSUMERS
Placing an order
Information about Goods
Delivery of order
Price and online payment
Smiffy's refunds policy
Damaged or faulty goods
Risk and ownership
1.1 These are the terms of sale for www.smiffys.com.au ("Website"). The Website is operated by Smiffy's Australia Pty Limited (ACN 137535696) trading as Smiffys.com.au ("Smiffy's"), a limited company registered in Australia whose registered office is situated at Smiffy's Australia PTY Limited, c/- Shelfcom, Suite 1707, Level 17, Australia Square House, 264-278 George Street, Sydney, New South Wales, 2000.
2. Placing an Order
2.1 Goods may be ordered by clicking on the items you would like to purchase and then following the instructions which will appear on-screen. You may verify and correct any input errors in your order at any point until you submit your order to Smiffy's by clicking the "Confirm Order" button on the checkout page.
2.2 You will receive an email from Smiffy's acknowledging that Smiffy's has your order and providing you with an order reference number after you have placed an order. However, that does not mean that your order has been accepted. Your order constitutes an offer to Smiffy's to buy Goods. All orders are subject to acceptance by Smiffy's. Smiffy's is not required to accept your order and may, in Smiffy's discretion, reject any order. Where Smiffy's accepts your order, Smiffy's will confirm such acceptance to you by sending you an email that confirms that the Goods have been dispatched (Dispatch Confirmation). The contract will only be formed between you and Smiffy's in relation to the Goods ordered (Contract) when Smiffy's sends you the Dispatch Confirmation.
2.3 The Contract will relate only to those Goods whose dispatch Smiffy's has confirmed in the Dispatch Confirmation. Smiffy's will not be required to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
3. Information about Goods
3.1 Whilst Smiffy's has taken reasonable steps to represent Goods as accurately as possible through images on the Website, the detailing (such as colour and pattern etc.) you see will depend on your monitor and, as such, may not exactly reflect the actual detailing of Goods when you receive them.
3.2 Any information on the Website regarding sizing of goods is included as a guide only. If you are not sure about to the size of any goods you require, Smiffy's recommends that you contact Smiffy's before placing an order (see Contacting Smiffy's).
4. Delivery of order
4.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is stated, then within a reasonable time, no longer than 30 days from the date of the Dispatch Confirmation, unless there are exceptional circumstances.
4.2 Deliveries are made by Australia Post or Smiffy's nominated courier and take place on Monday to Friday, excluding bank and public holidays, normally within the hours of 8am and 5pm. Smiffy's cannot provide an exact time at which a delivery will take place. Please note that the courier may require deliveries to be signed for. Deliveries will be made to your door.
4.3 Your order will be delivered to the delivery address you provide when placing your order. Please note that orders cannot be delivered to PO box or similar addresses.
4.4 Goods comprised within the same order cannot be delivered to different addresses.
4.5 Please note that you must comply with all applicable laws and regulations of the country for which the goods are destined. Smiffy's will not be responsible for any breach by you of any such laws.
5. Price and online payment
5.1 The price of Goods is as quoted on the Website from time to time.
5.2 Prices include applicable GST but exclude delivery costs, which will be added (as shown) to the entire amount due after you have chosen your delivery service.
5.3 Prices and delivery costs are liable to be changed at any time, but changes will not affect orders in relation to which Smiffy's has already sent you a Dispatch Confirmation.
5.4 Payment for all orders has to be made by credit or debit card on the checkout page. Smiffy's accepts payment by most major credit and debit cards. Please note that, for security reasons, the statement address for the credit or debit card you use to pay has to be the same as the delivery address for the order.
5.5 Smiffy's will not charge your credit or debit card until Smiffy's dispatch your order.
5.6 You should be aware that online payment transactions are subject to validation checks by your card issuer and Smiffy's is not liable if your card issuer declines to authorise payment for any reason. Please note that it is possible your card issuer may charge you an online handling fee or processing fee for which Smiffy's is not liable.
5.7 The Website contains a large number of Goods and, despite Smiffy's best efforts, some of the Goods listed on the Website may not be priced correctly. Smiffy's will normally check prices as part of Smiffy's dispatch processes so that, where the correct price of Goods is less than Smiffy's stated price, Smiffy's will charge the lower amount when dispatching the Goods to you. However, if the correct price of Goods is higher than the price stated on Smiffy's Website, Smiffy's will, at Smiffy's discretion, either reject your order and inform you of such rejection, or contact you for instructions before dispatching the Goods.
6. Cancellation rights
6.1 You may cancel a Contract at any point before your order is delivered but no later than seven working days afterwards, beginning on the day after the Goods were delivered to you. In this case, you will receive a full refund of the price paid for the Goods according to Smiffy's refunds policy (see below).
6.2 To cancel a Contract, you must contact and provide Smiffy's with your name, address and order reference. You must also return the Goods to Smiffy's within seven days of notifying Smiffy's of the cancellation, in the same condition in which you receive them (apart from the extent reasonably necessary for you to examine them), and at your own risk and cost. You are under a legal duty to take reasonable care of the Goods whilst you have possession of them. If you fail to comply with this duty, Smiffy's may have a right to claim the cost of any deterioration from you.
6.3 To return the Goods, you must obtain a returns reference from Smiffy's (which Smiffy's will provide you with when you contact Smiffy's to cancel the Contract), seal the parcel securely (making sure you include a note of your name, address and returns number inside) and then return it to Smiffy's, either by courier or by recorded delivery mail or other form of certified mail, to the address below:
Smiffys.com.au, PO Box 405, Brookvale, NSW 2100
6.4 Information on the consumer rights detailed above, and an explanation of how to exercise them, are given in the Dispatch Confirmation.
6.5 Smiffy's advises that you take out sufficient postal insurance to cover the value of the contents. Nothing in this section affects your legal rights.
7. Smiffy's refunds policy
7.1 If you cancel a Contract with Smiffy's within the seven-day cooling-off period (see above), Smiffy's will process the refund due to you as soon as possible and, in any case, no later than 30 days from the day you have provided notice of your cancellation. Smiffy's will refund the price of the Goods in full, including the cost of delivery.
7.2 Smiffy's will normally refund any money received from you using the same method used by you to pay for your purchase.
8. Damaged or faulty Goods
If any Goods you order are damaged or faulty when delivered to you, Smiffy's may offer a repair, exchange or refund, as appropriate, in accordance with your legal rights. If you believe Goods were delivered damaged or faulty, you must inform Smiffy's in writing, providing Smiffy's your name, address and order reference. Nothing in this section affects your legal rights.
9. Risk and ownership
Goods ordered will be at your risk from the time of delivery. Ownership of the Goods ordered will also pass to you on delivery, so long as Smiffy's has received full payment of all sums due for the Goods, including delivery charges.
10. Smiffy's liability
10.1 Nothing in these terms shall limit or exclude Smiffy's liability to you:
- · for death or personal injury caused by Smiffy's negligence;
- · for fraudulent misrepresentation; or
- · for any other liability that may not, under Australian law, be limited or excluded.
10.2 Subject to this, in no event shall Smiffy's be responsible to you for any indirect or consequential losses incurred by you, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.
10.3 Any liability Smiffy's does have for losses you suffer arising from any Contract is strictly limited to the purchase price of the particular Goods and any losses which are foreseeable. Losses are foreseeable where they could be contemplated by you and Smiffy's at the time your order is accepted by Smiffy's.
10.4 Smiffy's will not responsible for any failure to perform, or delay in performance of, any of Smiffy's responsibilities under any Contract that is caused by events outside Smiffy's reasonable control.
11.1 You may not transfer or assign any or all of your rights or obligations under any Contract, without Smiffy's prior written consent (see section "Contacting Smiffy's").
11.2 If Smiffy's fails to enforce any of Smiffy's rights, that does not result in a waiver of that right.
11.3 All notices given by you to Smiffy's have to be given in writing to the address set out at the end of these terms. Smiffy's may give notice to you at either the email or postal address you provide to Smiffy's when placing an order.
11.4 These terms may not be varied by you except with Smiffy's express written consent.
11.5 If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
11.6 These terms and any document expressly referred to in them represent the entire agreement between you and Smiffy's in relation to the subject matter of any Contract. Please note that Contracts may be concluded in English only. Please also note that there are no public filing requirements.
11.7 These terms shall be governed by Australian law, and you agree that any dispute between you and Smiffy's will only be dealt with by Australian courts.
11.8 Smiffy's reserves the right to amend these terms from time to time by amending them on the Website, although no such change will affect any order you have already placed with Smiffy's. These terms were last updated on 14 July 2011.
12. Contacting Smiffy's
12.1 Please submit any questions you have about these terms or an order you have placed or ordering in general by email to Australia@smiffys.com or write to Smiffy's at:
Smiffy's Australia PTY Limited,
c/- Shelfcom, Suite 1707,
Level 17, Australia Square House,
264-278 George Street,
New South Wales, 2000