In these terms and
conditions, “we” “us” and “our” refers to Body by Michael. 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.
Members
1.
In order to access the
services provided on this website, you must become a member. You must complete
registration by providing certain information as set out on our membership/registration
page. Please refer to our Privacy Policy linked on our home page for
information relating to our collection, storage and use of the details you
provide on registration.
2.
You agree to ensure
that your registration details are true and accurate at all times and you
undertake to update your registration details from time to time when they
change.
3.
On registration, you
will be required to provide a password. On registration you agree to pay for
our services as set out on our website.
4.
We reserve the right
to terminate your membership at any time if you breach these terms and
conditions.
5.
Our services are
intended to be used by members within Australia only.
Our Website Services
6.
Our 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.
7.
All prices are in
Australian Dollars (AUD) and are exclusive of GST. We endeavour
to ensure that our price list is current. Our price list can be accessed
from our home page and we reserve the right to amend our prices at any
time. If you have placed an order, we undertake to fulfil your order at
the price listed at the time you ordered.
Product Descriptions
8.
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.
9.
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.
Product Orders
10.
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.
11.
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.
12.
All prices are in
Australian Dollars (AUD) and are exclusive of GST. Our price list can be
accessed from our home page and we reserve the right to amend our prices at any
time.
13.
Packaging and postage
is an additional charge, calculated at time of purchase.
14.
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.
15.
We undertake to accept
or reject your order within 2 days. If we have not responded to you
within 2 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
reason for rejecting your offer will be that we do not currently have that
product in stock.
16.
Delivery of your
ordered product/s will be as set out on our website. Title in the goods
passes to you when we have received payment. Our terms of payment are set
out on the order page.
17.
All risk of loss or
damage to the goods passes to you when we despatch
the goods.
Product Returns
18.
We undertake to
reimburse 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 where we set out our
requirements relating to return of such goods.
19.
If we are unable at
the time of return to replace or exchange returned goods, we undertake to
reimburse your credit card for the amount initially debited for the purchase
including packaging and postage charges.
Site Access
20.
When you visit our
website, we give you a limited licence to access and
use our information for personal use.
21.
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.
22.
Except as permitted
under the Copyright Act 1968 (Cth), you are
not permitted to copy, reproduce, republish, distribute or display any of the
information on this website without our prior written permission.
23.
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.
Hyperlinks
24.
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.
25.
Linking our website is
not permitted. We reserve the right to serve you with notice if we become
aware of such linking.
Intellectual Property Rights
26.
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.
27.
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.
Disclaimers
28.
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.
29.
To the extent
permitted by law, any condition or warranty which would otherwise be implied
into these terms and conditions is excluded.
30.
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
31.
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.
32.
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.
33.
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.
Limitation of Liability
34.
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 services again or payment of the costs of
having those 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.
Indemnity
35.
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.
Force Majeure
36.
If a Force Majeure
event causing delay continues for more than 28, we may terminate this Agreement
by giving at least 7 Notice to you. “Force Majeure” means any act,
circumstance or omission over which we could not reasonably have exercised
control.
Jurisdiction
37.
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.
38.
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.
Privacy
39.
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.
40.
Our compliance with
privacy legislation is set out in our separate Privacy Policy which may be
accessed from our home page.
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