The term Posture Perfect or ‘us’ or ‘we’ refers to the owner of the website, the owner of this website and the company it supports contact details are;
2/1 Keppler Circuit, Seaford. 3198
Melbourne, VIC. Australia
TERMS AND CONDITIONS OF SALE
1 . Interpretation 1.1 In these Terms:“Company” means Posture Perfect “Customer” means the purchaser of Goods from the Company.“Goods” means all goods sold and/or delivered by the Company to the Customer.“Terms” means these terms and conditions of sale.
2. Application 2.1 These Terms apply to all contracts for the sale of Goods by the Company.2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
3. Prices 3.1 Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.
4 . Payment 4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.4.2 Payments are to be made in full prior to the Goods being delivered.4.3 Payments for the Goods are to be paid via direct desposit into the bank account details supplied during the, or via paypal.
5. Delivery 5.1 The expected delivery time of the Goods is based on the estimated postage options selected and paid by the Customer .5.2 We do not take responsibility for the postage and or courier company either losing, misplacing, damaging or altering the Goods .5.3 We do take on the responsibility to arrange delievery as soon as possible when Goods are available.5.4 The Company reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Customer must not refuse to take delivery of the Goods.
Title 6.1 Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
7 . Risk and Insurance 7.1 The use of any of the products sold from us are at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available meet your specific requirements. 7.2 The instructions and conditions of use provided by us is determined to be fully understood by you prior to using any product or undertaking any information provided by us. If you require more information or clarification on any information provided by us, you are fully responsible to contact us proir to using any products or information provided by us. 7.3 The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.7.4 The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.
8 . Inspection 8.1 Unless the Customer has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
9 . Cancellation s 9.1 Any cancellation of an order requires written notice within 24 hours of the order of the Goods.
1 0. Limited Liability 10.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.10.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not:(a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and(b) liable for any claim, damage or demand resulting from such non-compliance.10.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract of sale between the Company and the Customer (Contract) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:(a) replacement or repair of the Goods or the supply of equivalent Goods; or(b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.
1 1 . Warranty 11.1 All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.11.2 On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.11.3 The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract of sale are hereby expressly negatived and excluded to the full extent permitted by law.11.4 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
1 2. Display and Samples 12.1 Any display product or sample inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample.
1 3. Contract 13.1 The terms of the Contract of sale are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.
1 5. Force Majeure 15.1 The Company will not be liable for any breach of contract of sale due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
1 6. Severability 16.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
17. Governing Law 17.1 These Terms and the Contract of sale shall be governed by the law of Victoria and the parties submit to the courts of Victoria in respect of any dispute arising.
19. Website Links 19.1 From time to time this website may also include links to other websites. 19.2 These links are provided for your convenience to provide further information. 19.3 We do not signify that we endorse the website(s).19.4 We have no responsibility for the content of the linked website(s)