Delivery Policy


Delivery
We aim to deliver the Product to you at the place of delivery requested by you in your Order.
We aim to deliver within the time indicated by us at the time of your Order but we cannot promise an exact date of delivery when you submit your Order. We always aim to deliver within a reasonable time from the date of any Order which we accept but we cannot guarantee any exact delivery dates.

We shall use our reasonable endeavours to contact you if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery.

We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.

All risk in the Product shall pass to you upon delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.

You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.

Fault

We warrant that:

the Product will be delivered undamaged in the quantities ordered; and

the Product will conform with the description as set out on the at the time of your Order.

Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.

We will use our reasonable endeavours to ensure the Product is delivered in acceptable condition.

In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:

you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and

you providing us with any information as we reasonably require.

If you would like us to replace or provide a refund for the Product where it did conform to the Order and we (at our sole discretion) determine that the Product has:

been misused, abused or subjected to neglect;

been involved in any accident or damage caused by an incorrect attempt at use; or

been dealt with or used contrary to its ordinary use;

we may decide not to replace or refund you for the Product and we may require you to pay all reasonable carriage costs and servicing costs. To the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

Limitation of Liability

You acknowledge and agree that we limit our liability in respect of all claims, at our option, to:

the supply of the Product again; or

the payment of the cost of having the Product supplied again.

You agree that our total aggregate liability for all claims relating to the Product is limited to the US$100.00.

You agree to indemnify us in relation to all claims, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from any defective Product.

To the full extent permitted by law, we exclude all representations or terms (whether express or implied) other than those expressly set out on the Site and these Terms and Conditions.

We shall not be liable to you for any breach, hindrance or delay in the performance of an Order attributable to any cause beyond our reasonable control, including without limitation any natural disaster, unavoidable incidents and actions of third parties regardless of whether the circumstances in question could have been foreseen.

We may cancel an Order by written notice to you.

General Provisions

No failure or delay by us in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms and Conditions.

If a provision of these Terms and Conditions is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.

No person who is not a party to these Terms and Conditions or an Order shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Order its assent to any such term.

These Terms and Conditions and Order shall be governed and construed in accordance with the laws of the State of New York. You hereby agree to submit to the non-exclusive jurisdiction of the courts of the State of New York.