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Terms and Conditions
Terms and Conditions of Sale
1. In these terms and conditions (where not inconsistent with the context):
"Purchase"
means the purchase made with and accepted by Daisy Grey Pty Ltd in relation to the goods purchased by or on behalf of the customer.
"Customer"
means the person responsible for the purchase.
"Company"
means Daisy Grey Pty Ltd
"Loss"
includes all direct and indirect loss whatsoever and also includes any and all losses suffered by any third party.
"Backorder"
(what does this mean?)
"Website"
means www.daisygrey.com.au>
"Products"
means the product(s) supplied by the Company that is the subject of the Purchase.
"Damage"
includes (but is not limited to) any economic, physical, direct or indirect effect that occurs as a result of the use of the Products.
"Personal Information"
has the same definition as in the Privacy Policy
"Privacy Policy"
means the current Daisy Grey Pty Ltd privacy policy, as displayed on the website
2. The contract for sale between the Company and the Customer is subject to these terms and conditions and (as applicable) Australian law. These terms and conditions apply except to the extent of any inconsistencies with any applicable laws, in which event such laws will prevail to the extent of the inconsistency. These terms and conditions constitute the entirety of the agreement between the Company and the Customer.
3. The purchase is valid only for provision of goods in respect of which it is accepted the Company. No payment accepted by the Company in respect of a purchase is refundable unless the goods are returned, undamaged, within 14 days of the date of purchase.
4. The Company will make all reasonable endeavours to provide to the Customer with the goods ordered within a reasonable time frame, but, in certain circumstances, the Company may have to put a purchase on back order. The Company accepts no liability to the Customer in circumstances where a product is not immediately available, or a stated delivery date is not met.
5. The Customer acknowledges that the Company may need to cancel or backorder goods due to industrial action, supply restrictions, or transport problems, or any event beyond the Company's reasonable control, and delivery times are not guaranteed. In no circumstances will the Company be liable for any Losses that a Customer may incur as a result of any such delayed order.
6. To the maximum extent permitted under law, and subject to these terms and conditions, the Company is not liable for Loss or Damage caused to the Customer or any third party as a result of the Purchase and / or use of the Product. Customer should discontinue the use of a Product if they have any physical or other reactions to the Product. Products must be used in accordance with the directions. Company will rely on all limitations of liability and defences under any applicable law. The Company reserves all rights against any other person, including rights of contribution and indemnity.
7. These terms and conditions of sale may not be altered, modified or waived by any person except in writing.
8. These terms and conditions also apply to the Company's employees, agents and representatives, all other contractors used by the Company to carry the Customer's goods and those contractors' employees, agents and representatives.
9. Once an order has been dispatched the Company cannot change the delivery address from that originally stated on the order.
10. Except as set out in these terms and on the Website, the Customer agrees that the Company has not made any representations or warranties and that, in any case, the Customer has not relied on any such representation or warranty in agreeing to the Purchase. Specifically, the Customer agrees that the Company does not warrant the performance of the Products in any way. The effects of the Products will vary from person to person and so the Company cannot guarantee that the Products will achieve a particular result.
11. The Company accepts no liability for any charges that the Customer may incur or Losses that may occur as a result of using the electronic payment system on the Website.
12. The Company is not liable for any Loss or Damage resulting from disclosure of any Personal Information of the Customer, provided that the Company complies with its Privacy Policy.