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| Image At Katan Online Customer Agreement |
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This Agreement is a contract between You and Image At Katan ABN 89
554 156 681. It sets out the terms and conditions under which You
may purchase products online from Image At Katan Online. Please read
the following terms and conditions carefully before placing your order
on Image At Katan Online. By completing the customer application process
and using the Image At Katan Online Service, You agree to be bound
by the terms and conditions of this Agreement.
1. INTERPRETATION.
In these Conditions:
"Agreement" means an agreement between You and Image
At Katan Online to supply Goods. The Agreement consists of the Order
and these Conditions.
"Conditions" means these Conditions and any agreed
written variations.
"Delivery Address" means the address to which the
Goods are to be delivered as stated on the Order.
"Goods" means Goods described in an Order and includes
packaging.
"Intellectual Property Rights" includes all rights
in respect of copyright, trademarks, patents, designs, protection
of confidential information and circuit layouts, whether arising under
statute or otherwise.
"Order" means an order by You to purchase Goods from
Image At Katan Online.
"Product List" means the list of Goods displayed
on the Image At Katan Online Internet site as amended from time to
time.
"Service Fee" means the fee payable to Image At Katan
Online in respect of delivery of the Goods and handling costs associated
with processing your Order as advised by Image At Katan Online from
time to time.
2. THE AGREEMENT
2.1 What is the Agreement?
The entire agreement between You and Image At Katan Online for the
purchase of Goods by You from Image At Katan Online is:
(a) these Conditions; and
(b) the terms of the Order.
2.2 When the Agreement is formed
An agreement exists between You and Image At Katan Online once:
(a) Image At Katan Online accepts an Order; or
(b) Image At Katan Online receives the Order and does not reject it
within fourteen days.
2.3 Each Order is a separate agreement.
2.4 Set-Off
If You owe money to Image At Katan Online under one agreement, Image
At Katan Online may set-off that money against any money that You
owe to Image At Katan Online under another agreement. If Image At
Katan Online owes money to You under one agreement Image At Katan
Online may set-off that money against any money that it owes You under
another agreement.
3. CUSTOMER APPLICATION
3.1 Application to be completed
You must complete a customer application before placing an Order for
Goods on Image At Katan Online. You warrant that all information and
data provided by You in the customer application is accurate, complete
and up to date. You will promptly inform Image At Katan Online if
there is any change to this information or data.
3.2 Set up costs
You are responsible for any costs associated with accessing the Image
At Katan Online site and placing orders for Goods on Image At Katan
Online including any Internet provider fees.
3.3 Delivery area
In order to purchase Goods from Image At Katan Online, the Delivery
Address which You nominate will need to be within a suburb where Image
At Katan Online provides delivery services. Image At Katan Online
will advise You if the Delivery Address which You nominate ceases
to be in an area where Image At Katan Online delivers goods. Image
At Katan Online will not be obliged to continue to deliver Goods to
You if You change Your Delivery Address and the new Delivery Address
which You nominate is not in an area within which Image At Katan Online
delivers goods.
4. PURCHASE ORDERS & DELIVERY OF GOODS
4.1 Orders
You will place an Order on Image At Katan Online by selecting Goods
and pressing the "Submit Order" button. Orders will be deemed
to have been received by Image At Katan Online at the time of successful
transmission of the Order.
4.2 Delivery of the Goods
Image At Katan Online will deliver the Goods to You at the Delivery
Address, within the time agreed with you.
4.3 Authorised receipt of Goods
Anyone at the Delivery Address who receives the Goods shall be presumed
by Image At Katan Online to be authorised to receive the Goods.
Image At Katan Online may request that the person who receives the
Goods at the Delivery Address provide satisfactory evidence of proof
of age. Image At Katan Online may refuse to deliver the Goods if
the person receiving the Goods is unable or unwilling to provide
satisfactory evidence of proof of age.
4.4 Additional Delivery Fee
If there is no-one at the Delivery Address when the Order is delivered
Image At Katan Online may charge You and You shall pay an additional
Delivery Fee.
5. RISK & TITLE IN THE GOODS
5.1 Risk and Title
Property and risk in the Goods passes to You upon delivery and payment
of the Goods to the Delivery Address.
5.2 Returns or Refunds
If at any time You are not satisfied with the quality of the Goods
You have purchased, You may call the Image At Katan Online Customer
Care 9509 3828 and a representative will assess Your request for
a credit or refund of the purchase price.
Credit for any items that you send back with the driver, or items
that we pick up from you, will be applied to you next order.
6.PRICE OF GOODS & PAYMENT
6.1 Price of Goods
The price of the Goods as shown on the Product List is the price
which is applicable at the time you view it.
6.2 Total Price of Goods
Items in your order are charged at the price applicable at the time
you submitted your order and as shown on the order confirmation,
except:
(a) Where an item is out of stock. In which case you will not be
charged for that item.
Upon delivery of the Goods, Image At Katan Online will provide
you with a tax invoice specifying the total price for the Goods
including credits applied and the Service Fee.
6.6 Method of payment
You may select from the following methods of payment.
At the time of each order, you will be required to select your payment
method either Online Payment by Visa, Bank Card or Master Card.
In order to receive your goods, payment must be received by the
selected payment method.
(b) Online Payment by Credit Card
You may provide your credit card details during checkout on our
secure site. We will process your order payment using your credit
card (MasterCard, Bankcard, MasterCard, Visa) details for the value
printed on the tax invoice we provide with your delivery. The payment
will be processed as we prepare your order for delivery which in
most instances will be the day of delivery but may be the day prior
to delivery.
If your credit card is declined by your financial institution we
will not be able to guarantee delivery on the date or in the delivery
window you selected and may contact you to make alternative delivery
and payment arrangements.
Should you not be home for delivery or organise a redelivery the
order charge will appear on the original order date. Credit order
cancellations and refunds will be processed on the next business
day. For details on the Image At Katan Online Privacy Policy, please
refer to the Privacy Policy on the Home Page.
We may decide at any time not to accept payment from you by credit
card for any reason. If we decide not to accept payment by credit
card we will not process the order, and will not contact you to
advise you that your order will not be processed . We may process
this order or further orders if you agree to make payment by another
method that is acceptable to us. We will not be required to give
reasons when we decline to accept payment from you by credit card.
7. OUT OF STOCKS & SUBSTITUTION
7.1 No Rainchecks
Image At Katan Online will not provide rainchecks in respect of
Goods ordered by You.
8. PACKAGING & LABELLING OF GOODS
Image At Katan Online aims to include in the Product List up-to-date
pictures of the Goods. At times, the picture of the Goods on the
Product List may differ from the Goods actually supplied to You.
Image At Katan Online does not warrant the accuracy of the information
contained in the Product List and recommends that You read the labels
on Goods carefully before consuming the Goods.
9.INTELLECTUAL PROPERTY RIGHTS
9.1 You acknowledge that Image At Katan Online or its related corporations
own or are licensed to use all Intellectual Property Rights in Image
At Katan Online (including, but not limited to, any images, photographs
or text which appears on the site). You agree that You will make
no representation to the contrary, and that You must not use or
copy Image At Katan Online in any manner which is inconsistent with
the rights of the owner or licensee of such Intellectual Property
Rights.
9.2 You acknowledge that any trademarks or logos which appear on
the Image At Katan Online site are owned by or licensed to Image
At Katan Online or its related corporations, and that You must not
do anything to prejudice the rights of the trademark owner or licensee
to such trademarks or logos.
10. LIABILITY
10.1 You acknowledge that Image At Katan Online is provided "AS
IS" and that Image At Katan Online is not making and has not
made any warranty or representation as to Image At Katan Online's
suitability for any particular purpose. You agree that in using
Image At Katan Online, You are not relying on any statement or representation
made by Image At Katan Online which is not expressly contained in
this Agreement.
10.2 You agree that any liability of Image At Katan Online arising
out of or in connection with any breach of any express or implied
warranty or condition in respect of goods or services supplied to
You through use of Image At Katan Online (other than a condition
or warranty implied by legislation which does not permit Image At
Katan Online's liability to be limited as stated in this clause
11.2) will, at the election of Image At Katan Online be limited
to:
(a) if the condition relates to goods, the replacement of the goods
or the supply of equivalent goods; and
(b) if the condition relates to services, the supplying of the services
again or the payment of the cost of having the services supplied
again.
10.3 You agree that the entire risk arising out of installation,
down loading, use or performance of any software remains with You.
To the extent permitted by law, You release and discharge Image
At Katan Online and its related corporations from all forms of direct,
special, indirect or consequential loss or damage (including loss
of profits, loss of data or loss or damage that may reasonably have
been supposed to have been in the contemplation of the parties as
at the date of this Agreement) arising out of or in connection with
Image At Katan Online or this Agreement, including, without limitation,
loss or damage caused by the negligence of Image At Katan Online
or its related corporations.
11. USERNAME AND PASSWORD
You agree to take responsibility for the safekeeping of your user
name and password. You are liable if your user name and password
are used by an unauthorised person. You agree to release and indemnify
Image At Katan Online in relation to any liability arising out of
the unauthorised use of your user name and/or password.
12. NOTIFICATION OF CHANGES
Image At Katan Online may add to, delete, or otherwise change any
of the terms of this Agreement by giving You notice as provided
in clause 15. Your use of the Image At Katan Online Service after
notice will constitute your deemed acceptance of such changes.
13. PRIVACY & SECURITY
For details on the Image At Katan Online Privacy & Security
Statement, please refer to the Privacy Policy hyperlink on the Home
Page.
14. TERMINATION
Image At Katan Online may terminate or suspend this Agreement at
any time by delivering notice (as specified in clause 15) or by
sending You a system message advising that your shopping privileges
have been removed. If this occurs, please contact Image At Katan
Online Customer Care Centre on
03) 9509 3838.
Termination of this Agreement shall be effective the day notice
is received or such later date as specified in the notice.
15. NOTICES
Image At Katan Online may give notice to You by electronic mail, conventional
mail to your address contained in the membership registration information
or notice posting on the Image At Katan Online website. You may give
notice to Image At Katan Online by electronic mail to info@imageatkatan.com.au.
16. PROVISIONS ARE SEVERABLE
Each provision of this Agreement (including these Conditions) are
severable. Severance does not affect any other provisions.
17. VICTORIAN LAW APPLIES
The laws of Victoria govern this Agreement.
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