Terms and Conditions of Sale

About Stoddart.shop

(a) Your purchase of goods from http://www.stoddart.shop (“website”) is subject to these Terms and Conditions of Sale (“Terms”), the Terms of Use, the Returns, Refund and Repair Policy and any Catalogue Terms. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.
(b) The goods and services described in this website are available from Stoddart.shop only, and will be available for you to make an offer to Stoddart.shop via the website to purchase at the specified price on or before the end date specified, or until otherwise removed from the website or as specified, and where Stoddart.shop accepts your offer, Stoddart.shop will sell the goods or services to you in accordance with these Terms.
(c) You and Stoddart.shop may enter into a sale contract for the sale and supply of products, by you making an offer to Stoddart.shop via the website, to purchase goods at the specified price, subject to these Terms.
(d) The “Stoddart” logo and words are registered trade marks of Tom Stoddart Pty Ltd and used under a limited license by Stoddart.shop.
(e) In these terms:
– “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.
– a reference to a “third party” in these terms includes a reference to any agent or contractor of Stoddart.shop, or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them.
– a reference to the “websites” means Stoddart.shop.
– “Order” means an offer made by you in response to an invitation to treat made by Stoddart.shop via the website or via an Email.

User Agreement

(a) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
(b) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

Guests and Registered Users

(a) You may access and/or use the website as a guest or as a member.
(b) To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our Customer Support staff.
(c) You will receive an email from us as soon as practicable after you create your membership account.
(d) We only permit one registration per email address.
(e) You must not use another members’ account without permission.
(f) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(g) If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact our Customer Support staff.
(h) We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.

Legal Capacity

(a) You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
(b) Any Order and/or purchase made by you using this website is an acknowledgement by you that you:
– (i) are over the age of eighteen (18) years;
– (ii) accept these terms;
– (iii) agree that you have entered into a legal contract with Stoddart.shop in relation to these terms; and
– (iv) these terms, together with your order, constitute the entire agreement between you and Stoddart.shop for the supply of products.
(c) Stoddart.shop reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Stoddart.shop may suffer as a result of a transaction entered into by a minor.

Orders

(a) We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
(b) Representations of products for sale made by Stoddart.shop via the website do not constitute an offer to sell but an invitation to treat.
(c) You and Stoddart.shop may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
– (i) placing an electronic Order for the products using the website;
– (ii) you confirming the Order details in accordance with the procedure on the website;
– (iii) you making payment in full (plus any applicable delivery charges) on the website; and
– (iv) the acceptance of that offer by Stoddart.shop.
(d) Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Terms.
(e) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
– (i) any requirements set out in these terms have been met;
– (ii) the electronic instruction containing the offer from you enters and is recorded in our database;
– (iii) a record is created and stored in our database; and
– (iv) Stoddart.shop receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
(f) You acknowledge that:
– (i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Stoddart.shop for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
– (ii) to the extent permitted by law, Stoddart.shop is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
– (iii) Stoddart.shop may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
– (iv) Stoddart.shop may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(g) You will receive an email from Stoddart.shop as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer Support staff.
(h) If your Order is not accepted by Stoddart.shop, Stoddart.shop will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(i) Stoddart.shop may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
(j) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Stoddart.shop cannot supply a particular product, Stoddart.shop will notify you by telephone or email as soon as possible.
(k) Stoddart.shop will be deemed to have accepted your Order when your Order is delivered to your specified delivery address.

Price

(a) Where goods and/or services ordered are sold on a GST exclusive basis, Customer must also pay Stoddart an amount equivalent to Stoddart’s GST liability on supply in addition to the GST exclusive purchase price payable for those goods. Prices are subject to change and may not include delivery and handling charges.
(b) We reserve the right to correct any errors published on the website.

Payment

(a) All payments must be made in full prior to delivery.
(b) Payments must be made via the TNS or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.

Supply and Delivery

(a) Subject to you complying with these Terms and acceptance of your Order by Stoddart.shop, Stoddart.shop will sell and supply the products to you as shown on your Order confirmation.
(b) Products may not be available for immediate delivery. Stoddart.shop will endeavour to despatch your Order to you within ten (10) days of the date you placed your Order.
(c) When you complete your Order you will be prompted to have the Order delivered to an address specified by you.
(d) Delivery times may be greater than 10 business days for regional or remote areas.

9. Delivery by Post or Carrier
(a) The terms of this clause apply where you select to have your goods delivered to a specified address.
(b) Stoddart.shop will only accept orders from Australian based customers. The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
(c) On receipt of your Order by Stoddart.shop, your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your Order.
(d) If you Order large or bulky items, Stoddart.shop will contact you by telephone or email to arrange with you a suitable time for delivery.
(e) You will be required to be available in person to accept delivery of your Order.
(f) If you wish to change the delivery date or delivery address you must let the Customer Support staff know at least 48 hours prior to the dispatch of your Order.
(g) Stoddart.shop will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however Stoddart.shop does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(h) You must advise at the time you place your Order via the website or later when you discuss delivery with Stoddart.shop, of any difficulties that may be involved in the delivery. If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.
(i) Stoddart.shop cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

Orders for Collection at a Stoddart Site

(a) The terms of this clause apply where you select to collect your Order from a Stoddart Site.
(b) If you select to collect your goods from a Stoddart Site, a representative of the relevant Stoddart Site will contact you by telephone or email to notify you when the Order is available for collection.
(c) Orders for collection at a Stoddart Site must be collected within 21 days of the relevant Stoddart Site giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, the relevant Stoddart Site has the right to allocate those goods to another customer and reorder the goods for you.

Title and risk in goods

Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

PayPal and credit card fraud

(a) The website employs the latest in Secure Sockets Layer technology, TNS and PayPal secure payment gateway to secure our payment systems.
(b) Your purchase from Stoddart.shop is subject to fraud analytic pre-screening which is administered by a third party fraud detection service. In the event that your purchase from Stoddart.shop is under review after the fraud analytic pre-screening process, you may be contacted by SMS or by phone call.
(c) To the extent permitted by law, Stoddart.shop will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.

Disclaimer and Indemnity

(a) To the extent permitted by law, Stoddart.shop excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
– (i) errors, mistakes or inaccuracies on the website;
– (ii) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
– (iii) personal injury or property damage of any kind resulting from your access or use of the website;
– (iv) any unauthorised access to or use of the websites secure servers;
– (v) any interruption or cessation of transmission to or from the website;
– (vi) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
– (vii) the quality or fitness for any purpose of any linked sites.
(b) Except as expressly provided in these terms, and to the fullest extent allowed by the law, Stoddart.shop and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(c) You will at all times indemnify, and keep indemnified, Stoddart.shop, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
(d) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

Order Enquiries

If you have any query about the progress of your Order please contact the Customer Support staff. Please have your Order number handy as shown on the email confirmation.

Damaged or Faulty Products and Refund Policy

(a) If any product ordered by you arrives damaged or is not of acceptable quality you may have:
– (i) rights under our Standard Warranty (Refer to Stoddart Warranty at http://www.stoddart.com.au);
– (ii) legal rights and remedies in Australia under the Competition and Consumer Act 2010 (Cth) and other rights under other consumer laws applying in each Australian State and Territory; and/or
– (iii) to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
(b) If your Order arrives damaged, please contact the Customer Support staff.

Privacy and Personal Information

(a) Our Privacy Policy available on the Stoddart website explains how your personal information is collected and managed in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth).
(b) The privacy of your personal information is important to Stoddart.shop.
(c) Stoddart.shop and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact our Customer Support staff. Personal information may include your name, residential and/or postal address, telephone number and email address.
(d) Your personal information is not collected (except for Cookies) Refer to Stoddart Privacy Policy at http://www.stoddart.com.au.
(e) Online payments are handled by TNS and Paypal. Stoddart.shop does not store your credit card or banking details. Please check the http://www.tnsi.com and http://www.paypal.com.au websites for details of their privacy policies and security measures.
(f) Each of Stoddart.shop, their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Stoddart.shop and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that Stoddart.shop thinks may be of interest to you. If you would prefer not to receive promotional or other material from Stoddart.shop or its third parties, please let us know and Stoddart.shop will respect your request. You also agree that Stoddart.shop may contact you by telephone to arrange delivery or collection of your Order.
(g) You may request Stoddart.shop to remove your personal information from its database by emailing the Customer Support staff.
(h) For further details about Stoddart.shop’s privacy practices please view the Privacy Policy on this website. Should you have any questions concerning your privacy, please contact our Customer Support staff or the Privacy Officer at info@stoddart.com.au.

Force Majeure

Stoddart.shop will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

Governing Law

(a) These terms will be governed by and interpreted in accordance with the laws of Queensland, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of Queensland, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
(b) If you access the website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Stoddart.shop makes no representations that the content of the website complies with the laws of any country outside Australia.

Transfer and Assignment

If Stoddart.shop merges, sells or otherwise changes control of its business or this website to a third-party, Stoddart.shop reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Stoddart.shop has collected from you and any agreements it has made with you.

Severability

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Stoddart.shop.

Waiver

The failure by Stoddart.shop to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Stoddart.shop.

Stoddart Online Sales Terms & Conditions June 2020