Terms for the use of the website www.gingerlifestyle.com.au (“Website”) and online trading between PAJJA Imports Pty Ltd T/A Ginger Lifestyle Australia (ABN 65 607 074 813) ("GINGER LIFESTYLE AUSTRALIA") and the user ("You/Your")
1. YOUR USE OF THE WEBSITE
1.1. The Website is owned and operated by GINGER LIFESTYLE AUSTRALIA.
1.2. By using the Website, or by clicking ‘I have read and accept the Terms and Privacy information’ during a purchase, You agree to these Terms. If You do not agree to these Terms, you must immediately stop using the Website. GINGER LIFESTYLE AUSTRALIA reserves the right to change these Terms at any time without further notice. You should regularly refer back to this page to check for any changes.
1.3. You must not use the Website for any unlawful purpose, including any violation or attempt to violate, the security of the Website. Without limitation, this includes any form of unauthorised access, damage and/or interference to the Website.
2.1. You may be required, or allowed, to create an account through the Website (“Account”). You must provide complete and accurate information when creating an Account. You cannot use another person’s Account or allow anyone else to use Your Account. You must immediately notify us of unauthorised use of Your Account.
2.2. You must be 18 years of age or over to create an Account.
3. PLACING AN ORDER AND PAYMENT
3.1. You may make an offer (“Purchase Order”) to purchase GINGER LIFESTYLE AUSTRALIA goods (“Products”) from GINGER LIFESTYLE AUSTRALIA through the Website.
3.2. All Purchase Orders are subject to acceptance by GINGER LIFESTYLE AUSTRALIA. A Purchase Order is only accepted by GINGER LIFESTYLE AUSTRALIA on Your receipt of an email confirming dispatch of the Product. GINGER LIFESTYLE AUSTRALIA may reject Your Purchase Order, and refund any payment made by You, at any point prior to such time. The purchase of Products will be bound by the Terms in place at the time of the acceptance of the Purchaser Order by GINGER LIFESTYLE AUSTRALIA.
3.3. Payment must be made in full in Australian Dollars (“AUD”) when submitting the Purchase Order. Payment may only be made by Visa or Mastercard credit cards. You warrant that You are an authorised user of the credit card. GINGER LIFESTYLE AUSTRALIA will email you with confirmation of the receipt of Your Purchase Order,
3.4. If Your credit card uses a currency other than AUD, Your currency will automatically be converted to AUD when you complete the transaction. Contact your credit provider for details of the conversion rate and any applicable conversion fee.
3.5. In the event that a price changes or we make a mistake regarding a price GINGER LIFESTYLE AUSTRALIA reserves the right to vary prices of Products before acceptance by GINGER LIFESTYLE AUSTRALIA under clause 3.2 on reasonable notice to You. If this results in a lower price, GINGER LIFESTYLE AUSTRALIA will refund the difference to your credit card. If it results in an increased price, the Purchase Order will be cancelled unless you confirm the increased amount within seven days of receipt of the notice.
3.6. GINGER LIFESTYLE AUSTRALIA reserves the right to limit the quantities of Product sold as it sees fit. You warrant that you will not resell the Products to any third party. GINGER LIFESTYLE AUSTRALIA may cancel any Purchase Order and refund the purchase price if GINGER LIFESTYLE AUSTRALIA reasonably believes that You are purchasing Products for resale.
4.1. Orders placed within Australia or Products shipped to an Australian address are subject to GST. Orders placed outside Australia may be subject to foreign taxes and duties. You are responsible for paying any such taxes or duties.
5. PERSONAL INFORMATION
5.3. This Website is protected by Secure Socket Layer (“SSL”) encryption which encrypts. any data sent through a secure area of the Website. In order for SSL to be effective, you must be using an SSL compliant browser. In Microsoft Internet Explorer, a locked padlock will appear on the right of the address bar when SSL is in use.
5.4. The secure credit card payment system is powered by SecurePay a business of Australia Post Group. GINGER LIFESTYLE AUSTRALIA does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept for order verification and identification purposes only. While every endeavour is made to ensure every shopping experience with GINGER LIFESTYLE AUSTRALIA is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.
6.1. GINGER LIFESTYLE AUSTRALIA delivers domestically with in Australia. Delivery fees (if any) are calculated at the time of purchase. GINGER LIFESTYLE AUSTRALIA uses Australia Post, StarTrack and other courier services within Australia.
6.2. GINGER LIFESTYLE AUSTRALIA will use reasonable endeavours to arrange dispatch of the Product within 48 hours of receipt of the Purchase Order. Expected delivery times are 3-7 working days for domestic deliveries.
6.3. The expected delivery times set out in clause 6.2 are estimates only and GINGER LIFESTYLE AUSTRALIA is not liable for any loss suffered if the Product is not delivered in accordance with clause 6.2.
6.4. All deliveries are ‘signature on delivery’. Risk and title in the Product will pass to You upon You, or any other person at the delivery address, signing for receipt of the Product. If there is no one at the delivery address to receive the Product, the Product will be returned to the closest postal centre. The postal company may attempt further delivery of the Product to You, however, if this is not effected GINGER LIFESTYLE AUSTRALIA will arrange for the return of the Product to GINGER LIFESTYLE AUSTRALIA and refund the price to You, less any shipping costs and taxes and duties incurred by GINGER LIFESTYLE AUSTRALIA.
7. GINGER LIFESTYLE AUSTRALIA RETURNS POLICY
7.1. Please see the GINGER LIFESTYLE AUSTRALIA Returns Policy [here] which forms part of these Terms.
8. WEBSITE AVAILABILITY
8.1. GINGER LIFESTYLE AUSTRALIA does not warrant that the Website will be error-free or that the Website will always be accessible. From time to time, scheduled or unscheduled down-time of the Website, may occur. GINGER LIFESTYLE AUSTRALIA will work within reason to limit this down-time.
8.2. GINGER LIFESTYLE AUSTRALIA is not liable to any party for the consequences of any such error or down-time.
9. OWNERSHIP OF MATERIAL ON THE WEBSITE
9.1. All material on the Website (including text, clothing and fabric designs, names, trade marks, images, and software) (“Material”) and all right, title and interest in and to the Material is owned and/or controlled by GINGER LIFESTYLE AUSTRALIA, its affiliates or its licensors.
9.2. You are granted a non-exclusive, non-transferable licence to use the Website under these Terms. You may view the Material for your own personal and non-commercial use only. You must not use the Material for any other purpose.
9.3. All rights not expressly granted are reserved.
10. THIRD PARTY MATERIAL
10.1. This Website may contain materials produced by third parties or links to other websites. GINGER LIFESTYLE AUSTRALIA is not responsible or liable in respect of any such third party materials or websites.
10.2. The Website may also contain advertisements for third party products and/or services. These advertisements are not recommendations or endorsements by GINGER LIFESTYLE AUSTRALIA and GINGER LIFESTYLE AUSTRALIA is not responsible for any such products or services.
11. LIMITATION OF LIABILITY
11.1. The Australian Consumer Law and similar State and Territory legislation in Australia confer rights and remedies on You which cannot be excluded, restricted or modified ("Consumer Guarantees"). Notwithstanding any other clause in these Terms, GINGER LIFESTYLE AUSTRALIA does not exclude any Consumer Guarantees but does exclude all other conditions and warranties, whether implied by custom, law or statute and excludes liability for:
(a) any damage caused by any failure by You to maintain the Product properly;
(b) slight variations between the colours of Products from those displayed by Your computer monitor;
(c) any indirect, incidental, special and/or consequential damages or loss arising from access to the Website or purchase of any Product.
11.2. To the fullest extent permitted by law, GINGER LIFESTYLE AUSTRALIA's liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of GINGER LIFESTYLE AUSTRALIA, to:
(a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
11.3. GINGER LIFESTYLE AUSTRALIA's exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if GINGER LIFESTYLE AUSTRALIA has been notified of the possibility of such loss or damage.
12. FORCE MAJEURE
12.1. GINGER LIFESTYLE AUSTRALIA will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond GINGER LIFESTYLE AUSTRALIA's reasonable control.
13.1. GINGER LIFESTYLE AUSTRALIA reserves the right to terminate the license granted to You under these Terms and any agreement created by GINGER LIFESTYLE AUSTRALIA’s acceptance of a Purchase Order at any time. Subject to clause 14.2, GINGER LIFESTYLE AUSTRALIA shall not be liable to You for any cost, expense, or damages whatsoever for exercising this right
13.2. If any Product has been paid for by You, but not yet delivered to You, before any termination of a Purchase Order, GINGER LIFESTYLE AUSTRALIA will refund to You any such payment You have made prior to the termination.
14.1. Failure of a party to enforce any right under these Terms is not a waiver of those rights, does it prevent the subsequent exercise of those rights.
14.2. These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia. Each party agrees not to object to that jurisdiction on the basis that it is an inconvenient forum.
14.3. If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain in full force and effect.
14.4. GINGER LIFESTYLE AUSTRALIA may be contacted
(a) by email at firstname.lastname@example.org
(b) by post at 21 Best Avenue Mosman NSW 2088