MULTIPLE DISTRICT 201 OF LIONS CLUBS INTERNATIONAL INC.
ABN 63 592 786 032
TERMS AND CONDITIONS
These Terms and Conditions apply to all contracts for the sale of products and services by Multiple District 201 of Lions Clubs International Inc. ("Lions Australia")
Lions Australia will sell and the customer shall acquire any product or service subject to these terms and conditions. Submitting the order form to Lions Australia will constitute acceptance of these terms and conditions by the customer.
1. ENTERING INTO A CONTRACT
1.1 Verbally making an order or submitting the order (by e-mail, facsimile or otherwise) is an offer made by the customer to Lions Australia. The supply of samples or other literature or online information prior to the placing of the order by the customer do not form part of the contract.
1.2 Lions Australia may decide not to accept the customer's offer. Only written confirmation (by e-mail, facsimile or otherwise) of the order by Lions Australia will constitute acceptance by Lions Australia of the customer's offer.
1.3 The despatch of the goods by Lions Australia shall be deemed to constitute written confirmation of the order in regard to the goods despatched.
1.3 Lions Australia will not be bound by any communication made to it by the customer and Lions Australia is entitled to reject any order made by the customer.
2. PRICE AND GST
2.1 The price is set out in Lions Australia's price list published on the Lions Australia web site on the date of ordering.
2.3 All of our prices are in Australian Dollars (AUD) and include GST (Goods and Services Tax) as of 1 July 2000. Product prices are regularly updated when price changes are received from our suppliers, or a special discount is offered.
2.3 Lions Australia reserves the right to:
2.3.1 change the price of any goods; and\or
2.3.2 change the rate of GST;
if there is any change in GST laws and/or regulations.
3.1 The customer must pay in full for all goods together with freight and handling charges at the time that an offer is made. Acceptance by Lions Australia or its bankers of any such payment does not constitute an acceptance of the customer's offer by Lions Australia.
3.2 All Club and District account invoices must be paid within 28 days.
4.1 Standard stock items will usually be despatched within 2 to 5 working days of the offer being made by the customer to Lions Australia, if such offer is accepted by Lions Australia. However, Lions Australia will not be responsible for any loss or damage suffered by the customer by virtue of any delay in the despatch of the goods.
4.2 Prices on the website do not include shipping costs, where applicable.
4.3 Shipping and handling costs are a standard AU$10.00 per order for all orders less than AU$75.00 in value using standard eParcel Post or Fastway (larger items).
4.4 Lions Australia delivers goods Australia Wide and to our clubs in Papua New Guinea. International shipping is charged at standard Australia Post rates.
4.5 Lions Australia is committed to servicing the clubs of the Multiple District with high quality customer service and quality products. We endeavour to ensure all products on our website are currently in stock and pricing is true and correct. In the event an item is not available or we are unable to fulfill your order we will place the item on backorder and fulfill the remainder of the order.
5. EXPRESS DELIVERY
5.1 If the customer requests express delivery of goods then Lions Australia will be entitled to levy an additional charge for the same. Shipping by eParcel Express Post will be charged at a flat rate of AU$17.50 per order regardless of order value or destination within Australia.
5.2 If the purchase has been paid by way of a charge against a credit card then the customer authorises Lions Australia to charge the express delivery costs against the credit card and appoints Lions Australia as the customer's attorney for the purpose of effecting such charge.
6. REFUND POLICY
6.1 Refund of any payment received will be made solely at the discretion of Lions Australia and will only be considered if goods are returned within 30 days of despatch. If goods are not faulty they must be in a saleable condition for a refund to be considered. No refund will be made in any other circumstances unless it is otherwise required by the provisions of the Trade Practices Act.
6.2 All Charter Monarch and Monarch Chevron certificates must be returned no later than the 30th April to receive a refund as these items become annually obsolete.
6.3 All returned items must be accompanied by relevant paperwork.
6.4 Returns of Polo Shirts will not be accepted unless there is a manufacturing fault.
6.5 A restocking fee will be charged at a rate of AU$15.00 per order to cover adminstraltion costs.
7. RESTRICTION ON CLAIMS
7.1 Lions Australia shall not be liable for any loss or damage sustained directly or indirectly by the customer or any other person which arises directly or indirectly from the goods or any delay or failure to deliver the goods.
7.2 If the law prohibits the exclusion of Lions Australia's liability pursuant to the preceding sub-clause then Lions Australia's liability for a breach of a condition or warranty shall be limited to:
7.2.1 the replacement of the goods or the supply of equivalent goods;
7.2.2 the repair of the goods;
7.2.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or
7.2.4 the payment of the cost of having the goods repaired;
whichever is the lesser.
7.3 The goods shall be at the risk of the customer once they have left the possession of Lions Australia. The goods shall not be in the possession of Lions Australia if they are in the possession of any carrier who has been entrusted with the delivery or part od the delivery of the goods.
8. TAXES AND CUSTOMS
8.1 Lions Australia shall pay all taxes which may be payable in respect of the sale of the goods pursuant to the laws of the Commonwealth of Australia and/or the State of New South Wales. The customer shall pay all other governmental charges in respect of the sale, transport or importation of the goods or any transaction in relation thereto.
8.2 The customer is solely responsible for ensuring that all laws of the country to which the goods are to be delivered and which are applicable to the goods or any transaction in relation thereto are satisfied and indemnifies Lions Australia in relation to any liability arising therefrom.
9. INTELLECTUAL PROPERTY
9.1 Copyright and all other intellectual property rights in all products and services sold by Lions Australia shall belong to and continue to belong to the owners of such rights and the customer shall not obtain any such rights or interest in such rights by virtue of receipt of any product or service.
10. LAW AND JURISDICTION
10.1 The Contract shall in all respects be governed by and construed in accordance with the laws of the Commonwealth of Australia and the State of New South Wales and shall be deemed to have been made in the State of New South Wales and the customer hereby agrees to submit to the exclusive jurisdiction of the courts of the State of New South Wales.
11. CONSUMER DATA POLICY
11.2 Whenever you use our web site, or any other web site, the computer on which the web pages are stored (the Web server) needs to know the address of your computer so that it can send the requested web pages to your internet browser. The unique network address of your computer is called its "IP address", and is sent automatically each time you access any internet site. From a computer's IP address, it is possible to determine the general geographic location of that computer but otherwise it is anonymous.
11.3 We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when proceeding to checkout to finalise an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.
12. Security policy
When purchasing from Lions Australia your financial details are passed through a secure server using the latest 128-but SSL (secure sockets layer) encryption technology. 128-but SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our Customer Service Officer on firstname.lastname@example.org
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY LIONS AUSTRALIA ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIONS AUSTRALIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LIONS AUSTRALIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIONS AUSTRALIA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM LIONS AUSTRALIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIONS AUSTRALIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to Lions Australia Club Supplies. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.