Delivery of goods

Non delivery of goods must be reported to us as soon as possible.

Australia

• (a) All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent either our own delivery driver or Courier service.
• (b) While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
• (c) Insurance is available at an extra cost on all delivery services. We will not cover any loss of goods that are not insured.
• (d) For non-delivery of goods, please notify us by email as soon as possible.
• (e) Delivery costs are as stated in the Shopping Cart prior to finalizing the order.

Click & Collect

• (a) Click & Collect is available at selected stores - subject to stock availability at your selected store. Please call the store and confirm stock availability ahead of collection when placing Click & Collect orders.
• (b) There is no additional fee charged to Click & Collect orders.
• (c) Pick-up is not available on a Public Holiday, Easter, Christmas Day or Good Friday.
• (d) Customers will receive either an email, text or phone-call from their selected store to confirm their order is ready to be collected.
• (e) Products marked as ‘special order’, ‘non-stock’, ‘out of stock’ or ‘preorder’ will require more processing time.
• (f) To collect your order in store, your order confirmation, Photo ID and the credit card that was used for the transaction (if you pay via PayPal, your credit card is not required) are required to pick up your order. Acceptable forms of ID include Drivers licence, Proof of Age Card or Passport. To protect our customers, only the person specified on the order confirmation is able to collect the order with appropriate identification.
• (g) Visiting your nominated store prior to receiving a confirmation for collection may result in your item not being ready for collection when you arrive
• (h) Orders for collection at a selected Store must be collected within 14 days from the relevant selected Store giving you notice by telephone, text or by email that your order is available for collection. If your order is not collected within this time, the relevant selected store has the right to allocate those goods to another customer and re-order the goods for you.

Receipt of goods

• (a) You must inspect the goods immediately upon their arrival and if the goods are not in accordance with the specified requirements then you must give notice to us within 3 days of receipt of the goods. If you fail to give such notice, the goods must be deemed to be in all respects in accordance with the specified requirements. No claim will be recognised unless made in writing and received by us within 3 days after receipt of the goods by you.
• (b) This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clause 'Limitation on claims' below.

Limitation on claims

• (a) We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, "force majeure" means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
• (b) We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.
• (c) Our liability for failure to comply with a consumer guarantee is limited to:
• (i) in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
• (ii) in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
• (d) Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
• (e) In all other respects, our total liability for loss or damage of every kind, whether:
• (i) arising pursuant to the terms of service; or
• (ii) arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,
  is limited to an amount equivalent to the sum paid by you to us for the goods.
• (f) Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms of service, we do not accept liability to you in respect of any indirect or special loss, consequential loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.

Warranty disclaimer

• (a) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.
• (b) The application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.

Intellectual property

The specifications and design of the goods (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain our property.

Title and risk

Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.

Waiver

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.