TERMS AND CONDITIONS as at 9 August 2010
(A) FOR Users of this Web Site
1. DISCLAIMER
1.1 H&T Creations Pty Limited (ABN 65 142 553 124) (trading as Akari Lamp Designs) (hereinafter "the Company") or any of its officers, employees or agents makes no representation with respect to the reliability, accuracy and completeness of material and information which are available through the web site of Akari Lamp Designs (www.akarilampdesigns.com.au/) (hereinafter “AKARI WEB”) or any linked web site.
1.2 The Company or any of its officers, employees or agents shall not accept any responsibility for any loss arising out of or in connection with the use of or reliance on (by users) any material and information which are available through the AKARI WEB or any linked web site.
(B) FOR Buyers of Goods on this Web Site
The following terms and conditions of sale (hereinafter "Terms of Sale") shall apply to and govern all sales of goods and services (hereinafter "Goods") between the Company and the person or any other legal entity who purchases or has agreed to purchase the Goods from the Company (hereinafter "the Purchaser").
1. PRICES AND ORDERS
1.1 No order from the Purchaser will be accepted until payment is made in full. By making such payment, the Purchaser agrees to the Terms of Sale.
1.2 All prices quoted on the AKARI WEB are expressed in Australian Dollars, and subject to changes without notice.
1.3 The Company reserves the right to correct the price at any time where there has been a typographical, clerical or any other error in the price (including any error caused by unauthorised access or technical malfunction). If the price is corrected due to such an error, the Company reserves the right to cancel the order from the Purchaser where the Purchaser chooses not to pay the corrected price.
1.4 The Purchaser shall pay applicable all government taxes and duties (e.g. the Goods and Services Tax) and delivery charges,
1.5 No order may be cancelled, or altered by the Purchaser without the prior written consent of the Company. The Purchaser acknowledges that fees and charges will apply when an order is cancelled or altered.
2. RETURNS AND REFUND
2.1 To the extent permitted by law, the Company reserves the right to refuse to accept any return at the sole discretion of the Company.
2.2 If expressly agreed in writing by the Company, the Goods may be returned to the Company at the expense of the Purchaser.
2.3 If the Company agrees to refund, the Company reserves the right to deduct from the amount to be refunded, its own handling and restocking fee of $50 [Fifty Dollars] or 20% [Twenty percent] of the purchase price, whichever is greater; and also any charges or expenses which the Company may incur in the process of the refund. If the Company agrees to exchange the Goods, the Purchaser agrees to pay the handling fee of $30 [Thirty Dollars] or 10% [Ten percent] of the purchase price, whichever is greater; and also any charges or expenses which the Company may incur in the process of the exchange of the Goods.
3. INDEMNITY
3.1 To the extent permitted by law, the Purchaser shall indemnify or keep indemnified, the Company or any of its officers, employees, or agents against any actions, claims, proceedings and demands which may be brought against the Company or any of its officers, employees, or agents, whether at common law, under tort, in equity, pursuant to statute or otherwise, in respect of any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Purchaser or its employees, agents or its customers, or by any breach of its contractual obligations arising out of or in connection with this agreement for sale.
4. WARRANTY AND LIABILITY
4.1 To the extent permitted by law, warranties are expressly excluded.
4.2 If transit damage or loss occurs, the Company will not be responsible for such a damage or loss. Risk and title in the Goods shall pass to the Purchaser from the point where the Goods ordered are passed to a carrier used by the Company, such as Australia Post.
4.3 To the extent permitted by law, the Company or any of its officers, employees or agents shall not be liable to the Purchaser at common law, under tort, in equity, pursuant to statute or otherwise for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising out of or in connection with: (i) purchase, use, sale, or delivery of the Goods by the Purchaser; (ii) neglect or inappropriate installation of the Goods by the Purchaser in relation to the Goods; or (iii) any work carried out by any person who is not properly authorised by the Company on the Goods other than in accordance with any written instruction supplied by the Company.
4.4 Any liability of the Company arising from the Trade Practices Act 1974 or any other statute in connection with the Goods delivered to the Purchaser shall be limited to the replacement of the Goods; the supply of equivalent Goods; or the repair of the Goods.
4.5 A typographical, clerical or any other error (including omission) in price, invoice or any other material or information provided by the Company will be subject to correction without any liability to the Company.
4.6 The Company shall not be liable for any breach of contract due to any matter or thing beyond reasonable control of the Company, such as fire, flood, earthquake, explosion or accident, acts of God, strikes, wars, riots, and action or inaction by a public authority.
5. PROPRIETARY INFORMATION
5.1 The Purchaser acknowledges that all proprietary information, such as design, relating to the Goods and all right title and interest therein are the sole property of the Company and the Purchaser shall gain no right title or interest in the proprietary information whatsoever. The Purchaser acknowledges the Company's exclusive rights to ownership of any modification, translation or adaptation of the proprietary information and any other improvement or development based thereon which is developed, supplied, installed or paid for by or on behalf of the Purchaser or any customer of the Purchaser.
6. PRIVACY
6.1 The Company uses personal information of the Purchaser for the purposes of: (i) supplying the Purchaser with the Goods ordered; (ii) notifying the Purchaser of products, services and any special offers in which the Purchaser may be interested; and (iii) complying with any legal or regulatory obligations or duties imposed on the Company. The Company will not reveal personal information of the Purchaser to any external organisation except for the purpose of fulfilling an order from the Purchaser.
6.2 While the Company makes reasonable efforts to ensure that all private information transmitted over the Internet is safely secured, the Purchaser acknowledges that the private information transmitted may not be secured due to unauthorised access, technical malfunction, and so on.
7. OTHERS
7.1 The Company may change the Terms of Sale from time to time at the sole discretion of the Company and without notice. It is responsibility of the Purchaser to check the Terms of Sale when the Purchaser makes an order.
7.2 If any provision of the Terms of Sale is made unenforceable, illegal or void, that provision will be severed from the Terms of Sale and the other provisions of the Terms of Sale will remain in force.
7.3 The Company reserves the right to terminate this agreement for sale with the Purchaser at any time if any provision of the Terms of Sales is breached by the Purchaser. Termination of this agreement for sale with the Purchaser shall not affect any rights or obligations of each party arising prior to such termination.
7.4 No variation of the Terms of Sale will be effective unless expressly agreed by the Company in writing.
7.5 Words importing the singular number and the plural number shall be deemed to include the plural number and the singular number respectively.
8. APPLICABLE LAWS
8.1 The Terms of Sale shall be governed by and construed in accordance with the laws of New South Wales and both parties agree to submit to the courts of New South Wales in respect of any dispute arising out of or in connection with the Terms of Sale.
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