Terms & Conditions
Terms & Conditions
1. TERMS & CONDITIONS
1.1 This website is owned and operated by Every Sewer Needs ABN 18 448 329 719 (‘ESN’). Your use of the website is on the condition that you agree to these Terms and Conditions of Use (‘Terms’).
1.2 The Terms constitute the entire agreement between us and you concerning the website including any purchase you may make through the website.
1.3 References, ‘we’, ‘our’ or ‘us’ in these Terms mean ESN and include its related bodies corporate and associates as those terms are defined in the Corporations Act 2001.
1.4 References to ‘you’ mean you, the user of the website.
2. COPYRIGHT & INTELLECTUAL PROPERTY
2.1 ESN is the owner or authorised user of all material & intellectual property associated with this website. ESN is also the owner or authorised user of the logos, names, trademarks and designs, whether registered or unregistered, howsoever associated with the website.
2.2 You have no right in or license to any of the intellectual property, whether registered or unregistered, associated with the website.
3.1 This website may contain links to third party websites. These links are not recommendations or endorsements by ESN and ESN does not take any responsibility for the content or functionality of those websites. You access those sites solely at your own risk.
4. USERNAMES AND PASSWORDS
4.1 If ESN grants you an online account with ESN, then you must keep your username and password (if any) confidential and not disclose it to any other person.
5. ONLINE SHOPPING
5.1 We may allow you to purchase products securely through our website with such payment method(s) authorised by us from time to time. By submitting an order you represent and warrant that you are authorised to use the designated card or method of payment and authorise us to charge your order (including taxes and freight charges) to that card or payment method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
6. ACCEPTANCE OF ORDERS:
6.1 ESN reserves the right to accept or decline in whole or in part any order for goods placed by the Buyer.
6.2 The agreement between ESN and the Buyer for the supply of goods commences on the date that ESN agrees to supply the goods ordered by the Buyer. This will not necessarily be at the time the order is initially received by ESN.
6.3 ESN may send out split orders in circumstances where all stock is not available or the closest store to the delivery address does not have in stock all products on an order. We will endeavour to send all deliveries promptly. ESN may choose to cover any extra delivery costs associated with split orders.
7.1 All references to $ and dollars on the website are to Australian currency.
7.2 The prices quoted are subject to variation without notice. The price payable by you will be ESN’s prices and charges in effect at the time of the order being accepted by ESN or such other price as is otherwise agreed between you and us.
7.3 Unless otherwise stated, all prices quoted are exclusive of goods and services tax (“GST”) or any other duty or taxes or other expenditure which is levied upon ESN in relation to the goods, including any that are introduced after you place your order. You shall pay any such charge, duty, impost or tax or other expenditure which is levied on ESN in relation to the goods, including any that are introduced after you place your order.
7.4 Unless stated otherwise, prices do not include delivery charges. Any delivery charge payable by you will be shown as a separate amount on the invoice provided to you.
7.5 You must pay for all online purchases at the time of online checkout which is prior to order confirmation in accordance with one of the methods offered by our website.
7.6 If you fail to pay any amount to ESN when it is due, whether in accordance with an invoice or the Terms of an account, ESN may:
(a) charge interest on the amount owing from the date it becomes due at 1% per month or part thereof;
(b) suspend further deliveries of goods to the Buyer until all amounts due, including any interest payable and costs, have been received by ESN; and
(c) terminate its agreement with the Buyer in relation to goods which have not been delivered or collected.
7.7 The Buyer must pay ESN any costs that ESN incurs in recovering any amounts which you owe to ESN.
7.8 Unless otherwise stated, all sale and promotional pricing commence at midnight AEST on the sale/promo start date and end at 11:59:59 pm (AEST) on the sale/promo end date.
8.1 Delivery time is subject to stock availability from the fulfilment locations and this period may be extended up to thirty (30) days.
8.2 Freight or postage charges are payable in addition to the product price. A number of different delivery methods may be used depending on the type of order.
8.3 If the delivery is by courier, products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. Therefore, we recommend a work address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest Courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery. Freight includes insurance and packaging.
9.1 Any statutory consumer guarantees under the Australian Consumer Law are not limited by these Terms.
9.2 Subject to the law, ESN’s obligations to you in respect of any breach of any term, warranty or condition of these Terms (whether implied by statute or otherwise) shall, at ESN’s option, be limited to:
(a) in the case of goods, the repair of the goods, the replacement of the goods or paying for the costs of repair or replacement of the goods; and
(b) in the case of services, the resupply of services or paying for the costs of resupplying services.
9.3 ESN makes no warranty or guarantee regarding:
(a) your use of the website or any material on the website.
(b) your ability to access or use the website or any material on the website at any time.
(c) the loss or modification of information or material transmitted to or from the website.
(d) the absence of any defect, technical problem or virus attached to or arising from the website or the server upon which it is hosted.
(e) the use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website.
(f) the products displayed on the website being available at any time.
9.4 If ESN breaches any term, condition or warranty which is implied by law and cannot be lawfully excluded, the liability of ESN for a breach of the applicable term, condition or warranty is limited to, at the election of ESN:
(a) a. the resupply of the relevant product, advice, service, recommendation or information, or
(b) the payment to you of the cost of having the relevant product, advice, service, recommendation or information supplied again.
9.5 Reproduction of colours is as accurate as photographic processes allow, however please note that product colours in-store may vary from what is displayed on your computer monitor and may vary from monitor to monitor and device to device.
9.6 Although listed on the website, some items, sizes, colours and styles might not be immediately available or might be temporarily or permanently out of stock. We aim to ensure that our website is accurate, however, sometimes errors occur, for which we apologise.
9.7 Some products might require self-assembly or you may be required to obtain the assistance of a professional assembler at your own cost and expense.
10.1 You’re entitled to a replacement or refund for a major failure, and to compensation for other reasonably foreseeable loss or damage. You’re also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality but the failure does not amount to a major failure.
10.2 We will accept product returns and provide you with a replacement, refund or repair where:
(a) The product is faulty or is not of acceptable quality; or
(b) The product is not fit for its intended purpose; or
(c) The product does not match its sample or description.
10.3 You should retain your receipt, as we may require proof that you purchased the product from us. We will advise you whether a refund, exchange, repair or replacement is available, and may record your proof of identification when processing a return.
You indemnify ESN, its subsidiaries, related entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the website.
13. CHANGES TO THE WEBSITE ACCESS
ESN reserves the right without prior notice to you and in its absolute discretion to:
(a) vary or discontinue the website or any page of the website at any time, and
(b) suspend or terminate your access to part or all of the website at any time,
and ESN is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.
14. CHANGES TO THE TERMS
ESN may amend these Terms from time to time. Amended Terms come into effect from the time they are posted on the website but will not apply retrospectively. You should review this page regularly to ensure that you are aware of any changes to the Terms.
15. SEVERANCE OF CLAUSES
If any provision of these Terms is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.
You must not use the ESN website for any unlawful, immoral or unethical purpose, as we determine in our sole and absolute discretion.
17. Electronic Transactions
The parties consent (in accordance with section 11 and 12 of the Electronic Transactions (Queensland) Act 2001 to all correspondence in relation to this agreement, including any statutory notices, being given by electronic communication.
18. GOVERNING LAW
We make no representation that the content of this website complies with the laws outside Australia and your access of this website outside Australia is strictly at your own risk. These Terms are governed by the law in force in Queensland and the parties submit to the non-exclusive jurisdiction of the courts of Queensland sitting in Brisbane and all courts competent to hear appeals from the courts of Queensland in respect of all proceedings arising in connection with these Terms and website.
So far as it is allowed by the law or relevant court rules and regulations, the parties to this agreement may serve any notice, demand or any documents relating to any court proceedings (including an originating process) upon the other by any of the following methods:
(a) By posting a copy of the document to the relevant parties address noted within this agreement by way of prepaid post;
(b) By transmitting an electronic copy of the document to the relevant parties contact facsimile number or contact email address noted within this agreement;
(c) By delivering, posting, or transmitting (by facsimile or email) a copy of the document to the relevant parties solicitor or accountant whether or not that solicitor or accountant is acting in any matter related to the serving party or not;
(d) By leaving a copy of the document with an employee / officer or any principal of the relevant party; or
(e) By delivering a copy of the document to the residential address last known to the serving party of an employee, officer or principal of the relevant party.