Conditions of use
Welcome to the handcut terms and conditions, which apply to your use of the handcut Website. By accessing this Website, you agree to be bound by them.
“Conditions” means these terms and conditions: “Personal Information” means any personal details provided by you via the Website; “User(s)” means (a) user(s) of the Website either collectively or individually, as the context requires; “We/us/our” means handcut, “Website” means the website located at http://www.handcut.com.au or any subsequent URL which may replace it; and “You/your” means you as a user of the Website.
We will provide you with access to the Website in accordance with these Conditions.
2 YOUR OBLIGATIONS
2.1.1 agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which isdefamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes therights of any person, firm or company (including, but not limited to, rights ofintellectual property, rights of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
3.1 You agree to be fully responsible for (and fully indemnify us against)all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by anyother person accessing the Website using your PC or internet access account.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not beliable to you or any third party for any modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
5.1 Due to the nature of our goods (goods are mainly hand made), there maybe slight defects/differences between products including products of the same kind. We cannot be held responsible for this but we do our best to ensure the products we post are of the best quality. We cannot be held responsible for damages to goods while in transit, you should take this up with Australia Post who we use to deliver goods, this applies to late deliveries too.
5.2 We cannot accept returns of most products due to the nature of the goods we sell. This could be for hygiene reasons amongst others and as such we cannot give any refunds. If we send the wrong products, then please let us know and we will authorise a return and refund.
5.3 You may still email us and we will try to do our best to resolve any dispute at the manager’s discretion. Should the manager offer you a refund,this must be done within 14 days of payment. Any returned goods should be adequately returned in its original packaging and obtain proof of delivery. Anote should also be enclosed clearly stating order number and customer’s details.
5.3.1 Where returned goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
5.3.2 The cost of return postage will not be refunded and the buyer will be subjected to a 15% restocking fee. (fee based on the item returned).
5.3.3 If goods are returned because they are damaged, we will wait to dispatch new goods after compensation from Australia Post. If compensation is not given, we will refund you your money.
5.4 If you require goods to be exchanged, please confirm with management before returning your goods. You must pay for the goods to be returned and must return original packaging and goods. Please also send a letter with the returned goods stating order number. Exchanges must be made within 14 days of payment.
5.5 We do not accept responsibility for you not being able to collect the delivery. We cannot be held responsible for any late deliveries, goods damaged while being delivered or incorrect address given whilst order has been dispatched. We are not responsible for goods missing if incorrect mailing address has been given.
6 THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and donot endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including mis-representative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate(which may include, but is not limited to, issuing warnings, suspending,terminating or attaching conditions to your access and/or removing any materials from the Website).
8 YOUR DATA
8.1 We respect your personal information and undertake to comply with applicable Australian Data Protection legislation from time to time in place.
8.2 You should be aware that:
8.2.1 if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of acourt order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and
8.3 We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
9 INTELLECTUAL PROPERTY AND RIGHT TO USE
9.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
9.2 The Website is Copyright, handcut, 2009. All rights reserved.
10.1 You may send us notices under or in connection with these Conditions:
10.1.1 by post to handcut106 Alexander Street, CROWS NEST 2065 NSW
10.1.2 by email to firstname.lastname@example.org
10.2 As proof of sending does not guarantee our receipt of your notice, youmust ensure that you have received an acknowledgement from us, which will be sent within 3 working days of our receipt and should be retained by you.
11. LIMITATION OF LIABILITY
11.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
11.2 The Website is provided on an “as is” and “as available” basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement,compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
11.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
11.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under Australian law.
11.5 You acknowledge that we cannot guarantee and therefore shall not be inany way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
11.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party’s hyper-text link.
11.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:
11.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
11.7.2 any loss of goodwill or reputation; or
11.7.3 any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
11.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
15 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply and the Seller shall be entitled to a reasonable extension of its obligations.
16 ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become aterm of these Conditions.
The Conditions will be exclusively governed by and construed in accordance with the laws of Australia whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.