Terms & Conditions.

When You Shop With Us The Following Terms And Conditions Apply Which Govern The Supply Of Our Products Ordered By You On Our Website.  You Agree To Be Legally Bound By These Terms And Conditions Which May Change From Time To Time And Which Changes Will Be Available On Our Website.

1         Our Contract

When You Place An Order Via Our Website, You Will Receive An Acknowledgement Email Confirming Receipt Of Your Order.  This Email Will Only Be An Acknowledgement And Will Not Constitute Acceptance Of Your Order. A Contract Between Us Will Not Be Formed Until We Send You Confirmation By Email That The Products Which You Ordered Have Been Dispatched To You.  We Are Not Obliged To Supply The Products To You Until We Have Accepted Your Order.  Only Those Products Listed In The Confirmation Email Sent At The Time Of Dispatch Will Be Included In The Contract Formed.

2         Pricing And Availability

(A)    Whilst We Try And Ensure That All Details, Descriptions And Prices Which Appear On This Website Are Accurate, Errors May Occur. If We Discover An Error In The Price Of Any Products Which Are Advertised, We Will Correct The Error Straight Away.

(B)      Once You Select A Product That You Wish To Order, Irrespective Of Any Previous Price You Have Seen Or Heard, You Will Then Be Shown Or Told At The Checkout The Price You Must Pay Including Any Goods And Service Tax (“Gst”) And Any Other Charges, Including Any Charges You Are Liable To Have The Products Delivered To The Address Provided By You . Unless Otherwise Stated All Charges Are In Australian Dollars.

3          Payment

Upon Receiving Your Order, We Carry Out A Standard Authorisation Check On Your Payment Card To Ensure There Are Sufficient Funds To Fulfil The Transaction. Your Card Will Be Debited Upon Authorisation Being Received. The Monies Received Upon The Debiting Of Your Card Must Be Treated As A Deposit Against The Value Of The Products You Wish To Purchase. Once The Products Have Been Dispatched And You Have Been Sent A Confirmation Email The Monies Paid As A Deposit Must Be Used As Consideration For The Value Of Products You Have Purchased As Listed In The Confirmation Email.

4         Delivery Of Products

You Will Be Provided With The Delivery Costs At The Checkout With Estimated Delivery Times And Dates Depending On The Delivery Address. Deliveries Through Standard Shipping Can Take Between 5 And 8 Business Days. Deliveries Through Express Delivery Can Take Between 2 And 5 Business Days.  For Non-Delivery Of Products, Please Notify Us By Email To Info@Constantdistractioncollective.Com As Soon As Possible.

 

While We Do Everything We Can To Ensure Your Order Is Delivered In A Timely Manner, We Will Not Be Liable For Any Loss Or Damage Incurred By Any Person As A Result Of Delay Caused By Our Carrier That We Have No Control Over Or By Any Event Which Is Out Of Our Reasonable Control Or Foresight Including But Not Limited To Any Delay Caused By An Incorrect Delivery Address Being Provided To Us.

 

4.1        Domestic Delivery

 

(A)        All Orders Delivered In Australia Are Sent Through Australia Post Without Insurance Or Tracking.

 

(B)        Insurance And Tracking Is Available At An Extra Cost On All Delivery Services. We Will Not Cover Any Loss Of Products That Are Not Insured.

 

4.2       International Delivery

(A)        All International Orders Are Sent By Australia Post Airmail Without Insurance Or Tracking.

 

(B)        Insurance And Tracking Is Available At An Extra Cost On All Delivery Services. We Will Not Cover Any Loss Of Products That Are Not Insured.

 

(C)        Delivery To Countries Outside Australia Can Take 6 + Working Days, Depending On Region, To Arrive.

 

(D)        All Customs / Import Fees / Taxes And Duties Are Your Responsibility.

5         Returns And Cancellation Policy

 

5.1.     Cancellation

If You Discover That You Have Made A Mistake With Your Order After You Have Submitted It Via Our Website, Please Contact Info@Constantdistractioncollective.Com Immediately, Although Please Note We Cannot Guarantee That We Will Be Able To Amend Your Order In Accordance With Your Instructions And That Fees May Be Applicable To Process A Change.

5.2       Change Of Mind

 

(A)      You Have 14 Days After Receiving Your Order Of Your Products To Return Your Products For A Full Refund Or Exchange As Long As It Is Returned In A Saleable Condition. The Refund Will Be Provided Using Your Original Payment Method And Will Be Processed Upon Receipt Of The Returned Products To Our Po Box In Perth.

 

(B)       By Saleable Condition We Mean That The Item Hasn’t Been Opened Or Used And Is Still In Its Original Packaging. If A Product Is Returned To Us Damaged, Worn Or In An Unsuitable Condition, We Won't Be Able To Give You A Refund And We May Have To Send It Back To You (And Ask You To Cover The Delivery Costs). All Items Are Inspected On Return.

 

(C)       As The Products Remain Your Responsibility Until It Arrives Back With Us, Make Sure They Are Packaged Properly And Can’t Get Damaged On The Way.  Ensure That You Get Proof Of Postage In Case You Need To Contact Us About Your Return.

5.3        Faulty Products

(A)       You Must Inspect The Products Immediately Upon Their Arrival And If The Products Are Not In Accordance With The Specified Requirements Then You Must Give Notice To Us Promptly So We Can Guide You Through The Returns Process And Help Resolve The Problem As Swiftly As Possible. If You Fail To Give Such Notice, The Products Must Be Deemed To Be In All Respects In Accordance With The Specified Requirements. No Claim Must Be Recognised Unless Made In Writing And Received By Us. You May Be Required To Send Us Images Of The Damage, Defect Or Fault For Preliminary Assessment.

 

(B)      If The Products Are Confirmed To Have A Defect, We Will Replace The Products Or Refund The Price Of The Products To Your Original Payment Method. If The Products Are Found Not To Have A Defect Or Deemed Out Of Warranty, We Will Contact You To Determine Whether You Want Us To Dispose Of The Products Or Return The Products To You At Your Expense.

6           Limitation On Claims

(A)    We Have No Liability To The Extent That Our Performance Of The Contract Is Prevented By Force Majeure. For These Purposes, "Force Majeure" Means Any Occurrence Or Omission As A Direct Or Indirect Result Of Which We Are Prevented From Or Delayed In Performing Any Of Our Obligations, Is Beyond Our Reasonable Control And Which Could Not Have Been Prevented Or Mitigated By Reasonable Diligence Or Precautionary Measures, Including Forces Of Nature, Natural Disasters, Acts Of Terrorism, Riots, Revolution, Civil Commotion, Epidemic, Industrial Action And Action Or Inaction By A Government Agency.

 

(B)        We Have No Liability To The Extent That A Failure Of The Products Is Attributable To Any Act Or Omission On Your Part.

 

(C)       Our Liability For Failure To Comply With A Consumer Guarantee Is Limited To Products Supplied By Us, The Replacement Of The Products Or The Supply Of Equivalent Products (Or The Payment Of The Cost Of The Supply), Or The Repair Of The Products (Or The Payment Of The Cost Of The Repair).

(D)      No Attempt Is Made To Exclude Or Limit Liability Arising Under The Australian Consumer Law To The Extent That There Is A Statutory Restriction On Such Exclusion Or Limitation.

 

(E)       In All Other Respects, Our Total Liability For Loss Or Damage Of Every Kind, In Relation To The Supply Of The Products, Their Sale, Delivery Or The Way They Behave, And Whether In Tort Or Contract Or In Any Other Cause Of Action Is Limited To An Amount Equivalent To The Sum Paid By You To Us For The Products.

7            Warranty Disclaimer 

(A)        To The Extent Permitted By Law, Any Condition Or Warranty Which Would Otherwise Be Implied Into These Terms And Conditions Is Hereby Excluded.

 

(B)     The Application Of The United Nations Convention On Contracts For The International Sale Of Goods (The Vienna Convention) To This Agreement (By Virtue Of Any Law Relevant To This Agreement) Is Excluded.

8           Intellectual Property

The Specifications And Design Of The Products (Being All Intellectual Property, Including But Not Limited To, Copyright, Design Right, Trademarks Or Other Intellectual Property) Remain Our Property.

9            Title And Risk

Title In The Products Does Not Pass To You Until Payment Has Been Received. Risk Of Loss Or Damage To The Products Passes To You Upon Dispatch.

10           Notices

We May Give Notice To You By Email, Conventional Mail To Your Address Contained In Your Order Or Notice Posted On Our Website. You May Give Notice To Us By Electronic Mail To Info@Constantdistractioncollective.Com.

11           Privacy

Personal Information, Which You Provide To Us During The Order Process Including Contact Details, Will Be Kept, Used And Disclosed By Us In Accordance With Our Privacy Policy For The Purpose Of Processing And Delivering Your Order. See Our Privacy Policy For Further Information On How To Access Or Update Your Personal Information.

12          Dispute Resolution

(A)       If A Dispute Arises Out Of An Order, A Party May Not Commence Any Court Or Arbitration Proceedings Relating To The Dispute Unless It First Complies With The Following Paragraphs Of This Clause.

 

(B)       A Party Claiming That A Dispute (“The Dispute”) Has Arisen Must Give Written Notice To The Other Party Specifying The Nature Of The Dispute.

 

(C)        On Receipt Of That Notice By That Other Party, A Representative Of Each Of The Parties Must Meet Within 7 Days Of The Notice To Attempt In Good Faith To Resolve The Dispute. The Parties Will Bare Their Own Costs Of That Meeting.

 

(D)        In The Event The Parties Are Unable To Settle The Dispute, They Must Submit The Dispute To Mediation Within 14 Days From The Date Of The Meeting Referred To In Clause (C) Of This Clause. In Respect To The Mediation:

 

(I)          The Parties Will Appoint A Mediator But If They Are Unable To Agree We Will Appoint The Mediator;

 

(Ii)        The Parties Will Each Be Responsible For One Half Of The Fees Of The Mediator And The Parties Will Bare Their Own Costs Of The Mediation; And

 

(Iii)              The Parties May Be Legally Represented At The Mediation.

13         Waiver

Any Waiver Of Any Provision Of The Terms And Conditions Will Be Effective Only If In Writing And Signed By Us.  Without Limiting The Foregoing, If You Breach These Terms And Conditions And We Take No Action, We Will Still Be Entitled To Use Our Rights And Remedies In Any Other Situation Where You Breach These Terms And Conditions.

14        Entire Agreement

 

These Terms And Conditions Contain All The Terms Agreed Between You And Us And Supersedes And Excludes Any Prior Terms And Conditions Published On Our Website.

15        Severability

If Any Provision Of These Terms And Conditions Is Held To Be Unlawful, Invalid Or Unenforceable, That Provision Shall Be Deemed Severed And Where Capable The Validity And Enforceability Of The Remaining Provisions Of These Terms And Conditions Shall Not Be Affected.

16        Governing Law

These Terms And Conditions Are Governed By The Laws In Force In Western Australia. You Agree To Submit To The Exclusive Jurisdiction Of The Courts Of That Jurisdiction.

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