1 TERMS AND CONDITIONS
1.1 Please read these terms and conditions attentively prior to using the website operated by La Central Pty Ltd (‘we’ or ‘us’). We provide You with an online shopping service where You may buy Products from us in accordance to the following Terms and Conditions of Sale (“Conditions”). We maintain the right to alter any of these Conditions. These alterations are effective immediately upon posting them on our Website. If the Conditions change, a notice will be posted to our Website advising You of this. When such a notice is posted to our Website, it is Your responsibility to check the changes.
1.3 You may not use our Website if You do not wish to be bound by these terms and conditions.
2 ESSENCE OF OUR WEBSITE
2.1 Our website is a place for You to select and order La Central Products (the ‘Products’). Further details on our Products are available on Our website.
2.2 The contents of our website, as well as using the payment methods displayed, are aimed at users aged 18 and above.
3 PURCHASING PRODUCTS ON OUR WEBSITE
3.1 You need to follow the ordering procedures set out on our order page to order a Product. Procedures for payment and delivery, as well as further Product details, are shown on our website.
3.2 You agree and acknowledge that we do not represent or warrant that the Product or other Content descriptions on our Website are current, accurate or complete. Additionally, Product specifications anywhere on our Website are given to identify the Products generally and therefore do not form part of the description of the Products. The Product descriptions on our receipt or delivery slip shall prevail over the description on our Website, or on any other publication.
3.3 Please follow the prompts on our Website to place Your order. The only way to order Products with us is via our Website using the electronic order form (“the Order Form”). In our sole discretion, we reserve the right not to accept an order or to cancel an order for Products placed by You. Supply of the Products constitutes acceptance by us of Your order.
3.4 You have to order the minimum quantity (or multiples thereof) of Products shown on the price list current at the order date. We will pursue every reasonable endeavour to satisfy Your order according to the details on the Order Form You completed. In the instance that this is not possible, we reserve the right to supply an amount as near as possible to that requested on the Order Form by You.
3.6 By purchasing on our Website, it becomes Your responsibility to maintain the confidentiality of Your Account and Your Password, and You agree to accept responsibility for all activities that occur using Your Account or Your Password. Confidentiality may be achieved by restricting access to Your computer and, if You use a shared computer, exiting properly from our Website.
3.7 You may use our Website and purchase Products only with the supervision of a parent, guardian or other adult person if You are under 18 years of age. If You are under 18 years of age and are found to be using the Website in breach of our policy we reserve the right, in our sole discretion, among other things, to refuse accepting an order or cancelling an order for Products placed by You, We also reserve the right to terminate Your Account.
3.8 The price of any Product is the price in force at the time and date of Your order. At the time of order, You must pay by debit or credit card. We may change the price of any Product before You place an order. We will inform You if a Product’s correct price is higher than that stated in Your order and You may cancel the order and decide whether or not to order the Product at the corrected price. We try to make sure that the prices displayed on our website are accurate, but the price on Your order will need to be validated by us as part of the acceptance procedure.
3.9 You will receive an initial confirmatory email acknowledging receipt of Your order. We are entitled to refuse any order placed by You. If your order is accepted, confirmation of acceptance will be sent to You by email (‘Confirmation’) to the email address You have given us on registration, ordering or by delivery of the Products ordered, whichever is the earliest. The order will then be fulfilled by the date set out in the Confirmation. If Confirmation does not contain such a date, it shall arrive within 14 working days.
3.10 You undertake that all details given by You to us for the purpose of buying Products which may be offered by us on our website will be correct. You consent that any electronic cash, credit or debit card which You use is your own and that there are sufficient funds or credit facilities to cover the cost of any ordered Products. Before accepting Your order, we reserve the right to obtain validation of Your credit or debit card details.
3.11 We are not bound by nor responsible for any typographical errors in documents published by us on our Website or the current price list. You will be charged for any Products ordered, at the prices shown on the price list current at the date of placing the order.
3.12 Price lists, Product availability and Products are subject to change without notice. The prices advertised in the price lists, or in any other documents on the Website, only apply to orders placed via the Order Form.
3.13 We reserve the right to limit sales of any Products. Any special deals, prices, discounts or other changes in price shall apply to the relevant Products only for as long as the Products remain available for sale, or for the duration of the promotion.
3.14 Including price lists, all documents posted on our Website and issued by us are in Australian currency unless otherwise stated. All payments by You to us must be made in Australian currency unless otherwise specifically agreed.
4 FREIGHT & DELIVERY
4.1 The Order Form requires You to indicate Your address for delivery of the Products, or place to which the Products are to be delivered and held for collection by You.
4.2 The delivery of the Products will be charged to Your account. This cost will be indicated on the delivery slip accompanying the Products. In the event that You are not available to accept delivery of any Products, additional freight costs will also be charged to Your account.
4.3 All reasonable efforts will be taken to deliver Products for accepted orders to the specified address on the delivery slip, on or before any estimated date, but we do not warrant or represent that we will do so. We do not accept liability for direct, indirect or consequential loss or damage happening due to any delay in delivery of the Products, or any failure to deliver the Products ordered by You for whatever reason.
4.4You are responsible for checking the description, quantity and quality of the Products delivered against the delivery slip’s details. You must notify us at firstname.lastname@example.org within 48 hours from the time of delivery or collection by You (whichever is the later) if there is any difference in description, quantity or quality of the Products delivered. Where notice is not given within 48 hours, the Products delivered shall be deemed to be in accordance with the delivery slip. After that time, You shall not be entitled to make any claim or take any action in relation to any alleged irregularity or deficiency in the Products.
5.1 You will be responsible for any import and export charges if You are purchasing Products for delivery outside of Australia. It is also Your responsibility to obtain any import and export licences as well as any other necessary official authorisation, documents and customs formalities for the import or export of the Products. You must comply with all local laws and regulations.
6 TITLE AND RISK
6.1 Until payment in full is made for all amounts owed by You to Us, we reserve ownership of the Products as well as the right to dispose of the Products. Unless otherwise agreed by us in writing, the risk in the Products purchased will pass to You upon our delivery to a carrier commissioned by Us to deliver the Products.
7.1 Unless otherwise agreed by Us in its absolute discretion, all Products are sold on a no return for credit basis, unless • Subject to the requirements of clause 3.4, the Products are supplied in the incorrect quantity;• Subject to this clause, the Products are received in a damaged state; or • incorrect Products are supplied to You; or • The Products are faulty.
7.2 If the Product delivered does not correspond with its description, is not what You ordered (including any replacement Products) or is not of a satisfactory quality, we will, at our option, deliver to You a refund of the price paid or replace the Product.
7.3 Claims for credit must be made within seven (7) days of receipt or the Products must be collected by You by emailing a copy of the delivery slip from which the Products were supplied to email@example.com. Failing to do so deems any such claims deemed to be waived.
7.4 You will be notified of the appropriate procedure to be complied with to return the Products in the event that we agree to the return of the Products for credit.
7.5 We will process refunds as soon as possible, but in any event, You are entitled to receive the refund within 30 days maximum. You are responsible for arranging and paying the costs of returning the Products to us at Your risk. While in Your possession, You must keep any Products You intend to return to us in good condition.
8.1We will arrange repair or replacement, at our discretion, of Products which, under proper use and within 6 months of dispatch, show defects due to faulty materials or workmanship. All Products should be suitably packed and returned at Your own risk, carriage paid. An advice note stating the original invoice number relating to the Product in question, as well as detailing the claimed defect must be included.
9 WEBSITE MODIFICATIONS
9.1 We reserve the right to discontinue, alter or suspend any aspect of our website and its content as well as services available through it, including Your access to it. Any new features including the sale of new Products shall be subject to these terms and conditions, unless explicitly stated.
10 INFORMATION YOU PROVIDE
10.1 Any information you provide to us, for example during the ordering process or registration, shall be referred to as ‘Personal Information’ in these terms and conditions.
10.3 If You would like to modify or review any part of Your Personal Information, please email us at firstname.lastname@example.org
11 AVAILABILITY OF OUR WEBSITE
11.1 We will attempt to make our website available at all times, however we cannot guarantee that our website will operate continuously or without interruptions or be error free and accept no liability for its unavailability. No attempts should be made by You to interfere with the proper working of our website. In particular, You must not attempt to circumvent security, hack into, tamper with, or otherwise disrupt any computer system, website, router, server or any other internet connected device.
12.1 It is our promise that for any Product You purchase from our website:
12.1.1 We have the right to sell the Product to You;
12.1.2 The description will correspond with the Product we have given to You; and
12.1.3 The Product will be of satisfactory quality.
12.2 Subject to the relevant provisions of the Trade Practices Act, we exclude all other express or implied conditions, terms, representations, warranties or endorsements whatsoever with regard to our website, the Products, or any information or service provided through our Website.
12.3 We will do our best to ensure that all information and materials published on our Website are accurate. Please note that all materials and information on our Website are provided on an ‘as is’ basis.
12.4 In relation to the purchase of Products, we accept no liability for any loss of data, any indirect or consequential loss or damage, revenue profit or business (whether direct or indirect). This includes death or injury to Your pet, however caused, even if foreseeable. In circumstances where You suffer damage or loss due to the use, viewing or performance of our website and its contents (other than as a direct result of purchasing Products), we accept no liability for this loss or damage (except where we have been negligent) whether due to error, omission, inaccuracy or any other cause and whether on the part of Us or our servants, agents or any other person.
12.5 If we are liable to You for any given reason, our liability will be limited in accordance with clause 12.7.
12.6 It is Your responsibility to ensure that Your computer system meets all relevant technical specifications necessary to use and be compatible with our website. You also understand that we cannot and do not warrant or guarantee that any material available for downloading from our website will be free from viruses, infection and/or other codes that have destructive or contaminating properties. It is Your responsibility to implement sufficient virus checks and procedures (including anti-virus and other security checks) to satisfy Your particular requirements for the accuracy of data input and output.
12.7 Without derogating from any other term or condition in these Conditions: (a) You shall inspect the Products immediately upon their delivery in accordance with clause 4. Said Products are deemed to be accepted by You unless You give notice to us of any alleged defects in the Products, unfitness for the particular purpose for which they were supplied (if any), failure to meet specifications or unmerchantable quality within 48 hours of delivery of the Products. (b) In default of such notice, the Products shall be deemed to be suitable for merchantable quality and the purpose for which they were supplied, in accordance with specifications, and otherwise free of any defect and La Central shall not recognize any claim in any of these regards.
12.8 Our liability, if any, for unmerchantable quality, faulty workmanship, unsuitability, loss or damage in transit, failure to meet specifications or whatever shall (except in the case where the Products are of a kind that might ordinarily be acquired for personal, domestic or household use or consumption) be limited to:
(a) Replacement of the Products or supply of equivalent Products;
(b) Repair of the Products;
(c) Payment to You of the cost of acquiring equivalent Products or replacing the Products ;
(d) Payment to You of the cost of, if applicable, having the Products repaired, whichever obligation we shall choose in our absolute discretion.
13.1 We may novate, assign or subcontract any or all of our obligations and rights any time under these Conditions.
13.2 You must check the terms and conditions on the website regularly. We may alter these Conditions from time to time and post the new version on our Website, following which all use of our Website will be governed by that version.
13.3 The whole agreement between You and Us consists of these Conditions together with any order form and payment method instructions, if any. You acknowledge that You have not entered into this agreement in reliance upon any representation or warranty made by Us or any other person as well as waiving any rights to rescission/damages You may have for misrepresentation (excluding fraudulent misrepresentation) that is not contained in these conditions and terms, payment method instructions and order form.
13.4 If any term or provision of these terms and conditions shall become or be declared illegal, unenforceable or invalid for any reason whatsoever, such term or provision shall be divisible from the other conditions and terms and shall be deemed to be removed from them.
13.5 We shall use our finest endeavours to effectively and quickly resolve any dispute appearing in relation to Your visit to www.lacentral.com.au as well as any Products purchased via www.lacentral.com.au or these Conditions. In the event of a failure to resolve any such dispute, the dispute shall be dealt with and governed by under the laws of Victoria, Australia. You and Us must submit to the non-exclusive jurisdiction of the courts and tribunals of Victoria, Australia.
13.6 Neither You nor Us will be held liable for any failure to carry out any obligation to the other due to causes beyond Your or our respective reasonable control.
13.7 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that remedy or right.
14 WHAT ELSE DO I NEED TO KNOW?
15.1 All notices shall be given:
15.1.1 to us via email at email@example.com
15.1.2 to You at either the postal or email or address You provide to Us during any ordering process.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt), or 3 days following the date of posting.