These are the terms and conditions of agreement for online trading between trading as Noosa Kiss and the user of this website ("You/Your").
Your use of this Website and purchase of the Products is subject to these legally binding terms and conditions. Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.
1 PLACING AN ORDER AND PAYMENT
1.1 By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website, subject to any subsequent notification of price by Noosa Kiss to You in accordance with clause 1.5.
1.2 Payment must be made at the time of submitting the Purchase Order. Payment can be made by credit card. Noosa Kiss accepts Visa, Mastercard and AMEX. You warrant that You are an authorised user of the credit card used to complete payment in accordance with this clause 1.2. Payment can also be made using PayPal. You warrant that You are an authorised user of the PayPal account.
1.3 All Purchase Orders placed through this Website are subject to confirmation and acceptance by Noosa Kiss. We will email you with confirmation of the receipt of Your Purchase Order, and then acceptance by Noosa Kiss will be upon Your receipt of the email confirming despatch of the Product in accordance with clause 3.Noosa Kiss may reject Your Purchase Order, and refund any payment made by You, at any time prior to Your receipt of this acceptance by Noosa Kiss
1.4 The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. In some areas of the website, prices will be shown with an estimate of the price in your home currency. These converted prices are for information purposes only, to help you get an idea of the approximate cost of a product, and they may not be the exact amounts that will appear on your credit card statement. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit provider. Therefore we are not able to take responsibility if the final amount charged to your card differs slightly from the estimated conversions we provide.
1.5 Noosa Kiss may vary prices in the event of price changes or mistakes in its sole and absolute discretion on reasonable prior notice to You. If Noosa Kiss requests payment for increased prices, You may cancel the order by giving notice to Noosa Kiss which must be received within seven days of the announcement of the increase.
1.8 Expiry of cookies - the cookies that are placed on your computer when you visit the Website are known as session cookies. These session cookies originate from our web server, and cannot be accessed by any web server other than ours. Session cookies are temporary cookies which are necessary for the proper functioning of the Website. They automatically expire approximately 20 minutes after you have ceased viewing pages on our Website, and therefore cannot be used to recognise you on subsequent visits to the Website.
1.9 Noosa Kiss 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 by eWAY Payment Systems for order verification and identification purposes only. While every endeavour is made to ensure every shopping experience with us 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.
1.10 Noosa Kiss reserves the right to limit the quantities of product sold as it sees fit. It is a condition of this Agreement that you do not resell the Products to a third party.
1.11 The Website is owned and operated by Noosa Kiss. This Agreement supersedes all prior agreements and may be revised by Noosa Kiss from time to time.
2 YOUR USE OF THE WEBSITE
2.1 You agree that you will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.
2.2 You will not violate or attempt to violate the security of the Website. You will not hack into the Website, Noosa Kiss’s computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
3.1 Noosa Kiss delivers to most destinations around the world.
3.2 Orders placed within Australia or goods shipped to an Australian residence are subject to the Australian GST. Orders placed outside Australia may be subject to the relevant taxes and duties applicable to the jurisdiction from which the order was placed.
3.3 Noosa Kiss uses DHL to deliver Products outside of Australia. Delivery of Products within Australia is effected using Australia Post
3.4 Noosa Kiss’s freight charges are calculated using our automatic freight calculator.
3.5 Noosa Kiss will use reasonable endeavours to arrange dispatch of the Product within 5 working days of submitting the Purchase Order.
3.6 Expected delivery times are:
3.6.1 for international deliveries, 7-10 working days; and
3.6.2 within Australia, 2- 3 working days for Express Service and 5-7 for Standard service
3.7 The expected delivery times set out in clause 3.6 are estimates only. Noosa Kiss will not be liable to You for any loss or damage You suffer if the Product is not delivered within the timeframes set out in clause 3.6.
3.8 Australia wide - all deliveries must be signed upon receipt. Risk and title in the Product will pass to You upon You, or any other person in attendance at the delivery address, signing for receipt of the Product. Please note: All packages sent to PO Box addresses (throughout Australia and Internationally), cannot be sent using a courier service. PO Box addresses can only be serviced using Australian Registered Post. If you prefer for your Product to be delivered using a secure courier service, please provide a physical postal address.
3.9 If the product is delivered using a courier service, and there is no one at the delivery address to receive the Product, the Product will be returned to Noosa Kiss. All packages delivered by courier need to be signed in order to accept the package. Should an ATR (Authority to Leave) be stated on the purchase notes by the buyer then the buyer accepts all responsibility for packages left by the courier that go missing. If the Product is delivered using [TBC], and the recipient is not present to receive the Product, it will be delivered [TBC].
For international orders, [TBC] shall contact the recipient to arrange for a delivery time. The postal company may attempt further delivery of the Product to You, however, if this is not effected Noosa Kiss will arrange for the return of the Product to Noosa Kiss and refund the price to You, less any shipping costs incurred by Noosa Kiss and less relevant taxes and duties applicable to the jurisdiction from which the order was placed.
4 SITE LIABILITY AND INDEMNITY
4.1 To the fullest extent possible, the limitation of liability and indemnity set out in clause 9 of these terms also applies to use of the Site by replacing the word “Products” with “Site or the Comment Function”.
5 YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
5.2 From time to time, this Agreement will be reviewed and may be revised. Noosa Kiss reserves the right to change this Agreement at any time in its sole and absolute discretion. Any such changes will be posted on the Website. If You have commenced any transaction prior to a change to this Agreement, transaction will be effected in accordance with the terms in place at the time of the acceptance of Your offer Noosa Kiss.
6 WEBSITE AVAILABILITY
6.1 From time to time down-time, either scheduled or unscheduled, may occur. Noosa Kiss will use reasonable endeavours to ensure this amount of down-time is limited.
6.2 Noosa Kiss will not be held liable for the consequences of any down-time.
7 INTELLECTUAL PROPERTY
7.1 Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
7.2 Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Noosa Kiss.
7.3 Noosa Kiss’s trade marks on this site represent some of the trade marks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by Noosa Kiss.
7.4 All rights not expressly granted are reserved.
8.1 You acknowledge that the Products require special maintenance. Noosa Kiss will not be liable for any damage caused by any failure by You to maintain the Product properly.
8.2 Please note that the colours of Product may vary slightly from those displayed by Your computer monitor.
8.3 Please note that the Consumer and Competition Act 2010 (Cth) confers rights and remedies on you which cannot be excluded, restricted or modified ("Non-excludable Rights"). Notwithstanding any other term in this Agreement, Noosa Kiss does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.
9 LIMITATION OF LIABILITY
9.1 To the extent permitted by law and subject to clause 9.2, in no event will Noosa Kiss be liable for any Claims of any kind arising from or connected with the use of the Website or the Products, including, but not limited to, loss of use, loss of profits or loss of data, or direct, indirect, incidental, punitive and consequential damages.
9.2 To the fullest extent permitted by law, Noosa Kiss’s liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of Noosa Kiss to:
- in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
- 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.
9.3 Noosa Kiss’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if Noosa Kiss has been notified of the possibility of such loss or damage.
9.4 You agree that Noosa Kiss’s liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.
10.1 By accessing the Website, you agree to indemnify and hold Noosa Kiss harmless from all Claims arising from or in connection with your use of the Website.
11 FORCE MAJEURE
11.1 Noosa Kiss 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 Noosa Kiss’s reasonable control.
12.1 Noosa Kiss reserves the right to terminate this Agreement at any time.
12.2 Subject to clause 12.3, Noosa Kiss shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
12.3 If the Product has not been delivered to You prior to any termination of this Agreement by Noosa Kiss will refund to You any payment You have made prior to the termination.
13.1 The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded.
13.2 This Agreement is not subject to any terms or conditions proposed by You unless those terms or conditions are expressly accepted by Noosa Kiss in writing.
13.3 Failure of either party to enforce any right it has under these Terms will not be construed as a waiver of those rights, nor limitation upon the party's ability to subsequently exercise those rights.
13.4 The Agreement will be made on Noosa Kiss’s acceptance of Your offer and will be, and is, governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia in any dispute or any matter in any way related to, or connected with, this agreement or any transaction contemplated by this agreement.
13.5 Each party agrees not to object to the venue or to claim that the courts exercising jurisdiction in the state of Queensland, Australia are an inconvenient forum for any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement.
13.6 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.
13.7 Noosa Kiss may be notified by email at firstname.lastname@example.org
- "Agreement" means the terms and conditions that apply to the use of the Website which may be amended from time to time.
- “Claim” means any claim, cost (including legal costs on a solicitor and client basis), damages, debt, expenses, tax, liability, loss, obligation, allegation, suit, action, demand, cause of action, proceeding or judgment of any kind however calculated or caused, and whether direct or indirect, consequential, incidental or economic
- " Noosa Kiss " means Noosa Kiss (ABN ).
- "Products" means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.
- "Purchase Order" means the online purchase order form to be completed by You in relation to Your purchase of the Product.
- "Website" means internet website with the URL www.noosakiss.com.au and associated websites.
- "You" means the user of the Website (and "Your" has the corresponding meaning).