Terms & Conditions
TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Geelong Fireworks Pty Ltd. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Our Website Services
1. Our products and services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
2. All prices are in Australian Dollars (AUD) and are inclusive of 10% GST. We endeavour to ensure that our price list is current. We reserve the right to amend our prices at any time.
3. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
4. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
5. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
6. We supply and despatch our products to customers within Australia only.
7. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
8. All prices are in Australian Dollars (AUD) and are inclusive of GST. We reserve the right to amend our prices at any time.
9. The Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right (at our absolute discretion) to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
10. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
11. We undertake to accept or reject your order within Seven (7) days. If we have not responded to you within Seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reasons for rejecting your offer will be that we do not currently have that product in stock or you have not responded to follow up emails on your order regarding additional freight costs etc.
12. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
13. Delivery of your ordered product/s and/or services will be as set out on our website at the page FAQ/DELIVERY, and by placing an order via our website your agree to the Delivery Ordering Information & Terms, Conditions. (https://www.geelongfireworks.com.au/faq-delivery/) and any and all terms and conditions on that page, form part of these Website Terms and Conditions. Title in the goods/services passes to you when we have received payment. If items are supplied on account remind you our relationship is governed by our trading terms. In default of such payment, the customer (you) undertake to pay a late payment fee of 2.5% or $25.00 per month (whichever is greater) on any outstanding amount. Our terms provide that all collection and legal costs and interest will be added to overdue accounts.
14. All risk of loss or damage to the goods passes to you when we despatch the goods.
15. Parcels refused at destination will be returned to us. On return of the parcel a refund may be made at our discretion, less our actual shipping charge (which may be more than we originally charged you) less $20.00 or 15% of order value, whichever is greater, of restocking charges. If product is damaged/not saleable no refund will be given.
16. Unclaimed parcels: If despite our and our courier’s attempts to contact you via email, courier calling card or phone, your parcel will be returned to us. On return of the parcel a refund will be made less our actual shipping charge (which may be more than we originally charged you) less $20.00 or 15% of order value whichever is greater of restocking charges. If product is damaged/not saleable no refund will be given.
17. Claims for faulty goods must be made within Seven (7) days of receiving your order.
Order Cancellation Due To Error
18. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
Product Returns / Faulty product
19. Geelong Fireworks Pty Ltd has a no exchange or refund policy on any products unless faulty. We undertake to replace you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage. You are responsibly for all return shipping charges. We will pay the shipping charges for any product repaired/replaced sent back to you. You must obtain a RAN (Return Authorisation Number) before returning product.
20. If we are unable at the time of return to replace damaged returned goods, we undertake to reimburse you for the amount initially debited for the purchase including packaging and postage charges.
Geelong Fireworks is not liable for any loss, cost, expense, inconvenience or damage that may result from use or inability to use products. This includes but is not limited to items that cannot be tested before shipping, including but not limited to colour smoke, flash paper and similar flash products, Fog in a Can, Confetti Cannons, Prop items etc. Under no circumstances shall Geelong Fireworks be liable for any loss, cost, expense, inconvenience or damage exceeding the original purchase price of the item/product.
If incorrect or faulty product is supplied, we are unable to be held liable for any losses or damage incurred as a result. Our total liability is limited too, and will not exceed the original purchase price of the product.
Non / Delayed Delivery
21. It is your obligation to enter the correct delivery address details at the time of ordering. Should you provide the wrong address, we are not obliged to re-send the order to the correct address at our expense. Please notify us immediately if you do not receive the products within the time specified by us. We will then determine the reason for the delay or non-delivery with our couriers. We are unable to be held liable for any losses or damage incurred as a result of late or non-delivery of products.
22. Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. We will lodge a search and / or insurance claim with the courier company.
23. When you visit our website, we give you a limited licence to access and use our information for personal use.
24. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
25. Except as permitted under the Copyright Act 1968, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
26. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
27. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
28. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
29. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
30. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
31. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
32. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
33. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Statutory Guarantees and Warranties to Consumers
34. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
a. Schedule 2 of the C&C Act; and
b. Those statutory guarantees, all of which are given by us to you if you are a consumer.
35. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
a. We will repair or replace the goods or any part of them that is defective; or
b. Provide again or rectify any services or part of them that are defective; or
c. Wholly or partly recompense you if they are defective to a maximum of the original purchase price.
36. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
a. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
b. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
c. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
d. Our maximum liability to you for products purchased from us shall be limited to the refund of the original purchase price or store credit. We will not be liable for any property damage, personal injury, loss of use, interruptions of business, loss of profits or other consequential, indirect, incidental, punitive or special damages, however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise except which it is unlawful to exclude.
Limitation of Liability
37. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
a. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods / services again or payment of the costs of having those goods / services supplied again.
b. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
c. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
d. We do not participate in any way in the transactions between our users.
38. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
39. If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
40. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
41. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
42. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
44. We may use your email address to send you updates on new products and services. If we send you a commercial email you will have the option of unsubscribing from further commercial emails.