Shop terms and conditions

1.    CONTRACT
1.1.    These Terms and Conditions relate to the contract (“the Agreement”) between you (“the Customer”) and Vaam Management SA (“the Seller”) for the sale of goods (“the Goods”) at the sale price stipulated on the Seller’s website at www.markwebber.com as at the date of the Customer’s order (“the Sale Price”).
1.2.    The Customer must place an order for the Goods via the Seller’s website (“the Order”) using the online form provided by the Seller, and any such Order constitutes an offer by the Customer for the purchase of the Goods at the Sale Price.  The Customer must ensure that the Order is completed correctly.
1.3.    In completing and submitting the Order the Customer acknowledges that the Customer has read and understood these Terms and Conditions and agrees to be bound by them.
1.4.    Upon receipt of the Order and upon the Customer having paid the Sale Price, the Seller will send to the Customer an email confirming that the Order is being processed at which point the Order will be accepted and the Agreement formed.  For the avoidance of doubt the Seller’s acceptance of the Order brings into existence a legally binding contract governed by these Terms and Conditions.
1.5.    Any terms which the Customer attempts to impose in the Order or otherwise will not form part of the Agreement and these Terms and Conditions cannot be varied unless agreed in writing by the Seller.
2.    PRICE AND PAYMENT
2.1.    The Sale Price stipulated on the Seller’s website is not inclusive of postage and packaging. Postage and packaging is added to the transaction during the checkout process.
2.2.    The Sale Price stipulated on the Seller’s website is exclusive of Australian goods and services tax (GST) or any other relevant taxes. If GST or other taxes are applicable then the Customer must pay them, in addition to the stipulated Sale Price, and the relevant taxes will be added to the total amount payable by the Customer as part of the Order process.
2.3.    The Customer will pay for the Goods via PayPal and accordingly must have a PayPal account before being able to conclude an Order.  The Customer is responsible for all sessions on the Seller’s website and all transactions made using the Customer’s PayPal account.
2.4.    The Customer warrants that all information contained within the Customer’s PayPal account and all information provided during the placement of the Order is true and accurate.
2.5.    Payment will be processed via the PayPal account of Think Unthinkable Pty Ltd acting on behalf of the Seller
2.6.    Upon placement of the Order and receipt of the Sale Price by the Seller the Customer will receive confirmation that the Order has been made in the form of a printable receipt from PayPal.
2.7.    The Customer will be deemed to have paid the Seller in full when the Seller has received cleared funds amounting to the Sale Price.

3.    REFUNDS
3.1.    You are entitled to ask  for a refund if the item you bought is:
•    not of ‘merchantable quality’
•    not the same as the sample shown or described in advertising or by the salesperson
•    not fit for its generally accepted purpose
3.2.    You are not automatically entitled to a refund if you simply change your mind or you later discover that you picked the wrong colour or the item doesn’t fit.

4.    AVAILABILITY OF GOODS
4.1.    There is limited stock of all Goods available.  Orders will be processed on a first come, first served basis and Orders will not be accepted once stocks are exhausted.
4.2.    Bulk buying is prohibited.  The Seller reserves the right to refuse an Order if the Seller considers that the Customer is bulk buying.

5.    DELIVERY
5.1.    Delivery of the Goods to the Customer will be made via the shipping method specified on the Seller’s website in relation to the relevant Goods.
5.2.    Delivery of the Goods to the Customer will be processed as quickly as possible by the Seller.  However, the time of delivery cannot be guaranteed.
5.3.    Delivery will be made to the delivery address provided for by the Customer in the Order.
6.    TITLE AND RISK
6.1.    On dispatch of the Goods from the Seller all risk and title shall pass to the Customer.  Accordingly the Seller shall not be responsible for the safe keeping of the Goods once dispatched.
6.2.    The Seller will not be responsible for insuring the Goods whilst in transit unless insurance for the Goods is offered on the Seller’s website and the Customer requests and pays for the insurance as part of the Order in accordance with the terms and conditions specified for it by the Seller.
6.3.    Although the Seller will not be responsible for any loss or damage to the Goods after dispatch and during transit the Customer may be entitled to make a claim against the relevant postal company.  The Seller will provide reasonable assistance to the Customer in relation to any valid claim provided that the Seller is notified of any loss or damage within a reasonable time and that the Customer can evidence the claim.
7.    INFORMATION AND INTELLECTUAL PROPERTY
7.1.    At all times the Seller will observe the requirements imposed by the Privacy Act and will provide the appropriate security to maintain the confidentiality of any personal data held.
7.2.    The copyright, patents, design rights or any other intellectual property rights in the Goods, and all trademarks and service marks, marketing, publicity and other material used by the Seller whether on its website or otherwise (whether registered or not) belong to the Seller and will not, under any circumstances, belong to the Customer.
8.    LIABILITY
To the extent permitted by law, the Seller’s total liability to the Customer shall not exceed the Sale Price whether in contract, tort (including negligence) breach of statutory duty or otherwise.
9.    GENERAL
9.1.    Any waiver of any right or remedy is only effective if provided in writing and shall not be deemed a waiver of any subsequent breach or default.  No failure or delay to exercise any right or remedy under the Agreement or by law shall constitute a waiver of that or any other right or remedy or preclude any further exercise of that right or remedy.
9.2.    If any of these Terms and Conditions are or, at any stage in the future, becomes invalid, illegal or cannot be enforced in law, it will not affect the other terms which will stay in force.
9.3.    If there is a dispute between the Seller and the Customer in relation to this Agreement it is agreed that the Courts of New South Wales, Australia will have jurisdiction and that the law of New South Wales will apply.

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