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These Terms are issued by Sweeney’s Luggage (“We”, “Us” or “Our”) whose Registered Office and trading address is at 450 Queen Street ,Melbourne VIC 3000 Australia.
1.1 The terms apply to the entire contents of the websites under the domain name sweeneysluggage.com (the Website) whether you act as a private individual and consumer ("Consumer") or as a business ("Business") (referred to as "You" other than where specifically indicated) and Us.
1.2 Your acceptance of the terms in full is indicated by accessing the website. If You do not accept these Terms in full, You must leave the Website immediately.
1.3 We may revise these Terms at any time by updating this posting. You should check the Website from time to time to review the then current Terms, because they are binding on You.
1.4 You warrant that You possess the legal authority to enter into any agreement and to use this Website in accordance with its Terms.
1.5 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Our control.
1.6 We reserve the right to modify or withdraw, temporarily or permanently the Website (or any part of it) with or without notice and shall not be liable to You or any third party for any modification or withdrawal of the Website.
2 YOUR CUSTOMER ACCOUNT
2.1 You warrant that any information that You provide when You register as a customer is accurate and complete in all respects and You will notify Us of any changes to that information.
2.2 You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorised access following registration.
2.3 You agree not to impersonate any other person or business, organisation or body corporate or to use a false name that You are not authorised to use.
2.4 We may disable any account where we think you have failed to comply with the Terms or we think unauthorised use has been made of the Website.
2.5 As a condition of Your use of this Website, You warrant to Us that You will not use this Website for any purpose that is unlawful or prohibited by these Terms.
3 USE OF MATERIAL APPEARING ON THE WEBSITE AND INTELLECTUAL PROPERTY POLICY
3.1 The Website, its design, layout, look, appearance and graphics and any necessary software used in connection with the Website is Our exclusive property, or used under licence.
3.2 Any content presented to You through the Website is protected by copyright, trademarks, service marks, patents or other proprietary rights.
3.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website are owned by or licensed to the Us. This includes all text, graphics, images, photographs, video and sound material.
3.4 It is a breach of copyright to use photographic images found on any part of the Website without gaining Our prior permission. If You would like to use an image found on the Website, please contact Us for further details.
3.5 You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products, or services obtained from the Website.
3.6 If You breach any of these Terms Your permission to use the Website and any extracts of material from it terminates and You must immediately destroy any downloaded or printed extracts from the Website.
4 VISITOR MATERIAL AND CONDUCT
4.1 Other than personally identifiable information, any material You transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material, and it shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any purpose.
4.2 You are prohibited from posting or transmitting to the Website any material:
4.2.1 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial and/or religious hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy or which otherwise may cause annoyance or inconvenience; or
4.2.2 for which You have not obtained all necessary licenses and/or approvals; or
4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the Australia or abroad; or
4.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity and/or location of anyone posting any material in breach of Clauses 4.2 or 4.3 above.
5 LINKS TO THIRD PARTY WEBSITES
5.1 This Website may contain hyperlinks to websites operated by parties other than Us. We do not control such websites and are not responsible for their contents, availability or Your use of them. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such Websites or any association with their operators.
5.2 Any links to third party websites on this Website are provided solely for Your convenience. If You use these links, You shall leave this Website. If You decide to access any of the third party websites linked to the Website, You do so entirely at Your own risk.
6 LINKS TO THE WEBSITE
6.1 If You would like to link to the Website, You may only do so on the basis that You link to, but do not replicate, the home page of the Website, and subject to the following conditions:
6.1.1 You do not remove, distort, otherwise alter the size or appearance of Our logo;
6.1.2 You do not create a frame or any other browser or border environment around the Website;
6.1.3 You do not in any way imply that We are endorsing anything other than Our own operations;
6.1.4 You do not misrepresent Your relationship with Us nor present any other false information about Us;
6.1.5 You do not otherwise use Our trademarks, name and logo without express written permission from Us;
6.1.6 You do not link from a website that is not owned by You;
6.1.7 Your website does not contain content that is distasteful, offensive or controversial, or which infringes any intellectual property rights or other rights of any person or which otherwise does not comply with all applicable laws and regulations.
6.2 We expressly reserves the right to revoke the permission granted in Clause 6.1 if You breach the terms set out therein, and to take any action in respect of such breach as it deems appropriate.
6.3 You agree to compensate Us for any loss or damage suffered by Us as a result of Your breach of the terms of Clause 6.1.
7 INFORMATION MANAGEMENT AND SECURITY
7.2 When We ask You to submit financial information, such as Your credit or debit card number We use industry standard technology for secure commercial transactions. This encrypts data, including Your credit or debit card number. We will not be liable for any unauthorised transactions made using Your personal or financial details, unless we are negligent. Most banks or credit card providers either cover all charges resulting from such unauthorised use or limit Your liability to a maximum amount. Refer to Your credit or debit card agreement to check Your coverage liability.
7.3 Your dealings with any third parties via the Website and any terms or conditions agreed with, or representations given by, them, are solely between You and such third parties. The third party will be responsible for protection and security of Your personal data or financial details which they collect. You agree that We are not liable for such dealings.
8 DISCLAIMER OF LIABILITY
8.1 By entering the Website You agree that under no circumstance will We or Our agents, officers or employees be held liable or responsible for: any content contained on or omitted from the Website; any person’s reliance on any such content, whether or not the content is complete, current or correct; any viruses or defects that may be found to exist on the Website.
8.2 All information found on the Website is intended for guidance only. We will not be liable or responsible for any damage or loss caused as a result of Your doing, or not doing, anything as a result of reading, viewing or listening to any material, or any part of it, on the Website.
8.3 We are not liable or responsible for any inaccuracies, errors (including typographical errors) or omissions, or for the results obtained from the use of the Website or its content. All content and any of the services included in, advertised on, or available through the Website are provided “as is” and “as available”, with absolutely no guarantee of completeness, accuracy (either when posted or with the passage of time), timeliness or of the results obtained there from, and excluding, to the maximum extent permitted by law, all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms might have effect in relation to the Website.
8.4 The views expressed on the Website do not necessarily reflect Our views. All content, and any advice received via the Website, are not intended, and should not be relied upon, for any personal, professional, legal, or religious decisions You may wish to make. Instead You should consult an appropriate professional in order to obtain specific advice tailored to Your situation.
8.5 Although We takes all reasonable steps to ensure that the Website is safe for users it is possible that material on the Website may be susceptible to data corruption, interception and unauthorised amendment for which We do not accept liability or responsibility. We do not accept liability or responsibility for the presence of any computer viruses contained in any material on the Website, whether it is read, viewed, listened to, copied, downloaded, printed or accessed in any other way. We do not accept liability or responsibility for any losses caused as a result of any computer viruses contained in any material on the Website.
8.6 Advertisements (including banner adverts and pop-ups) featured on the Website do not imply endorsement of the services or products advertised. We will not be liable or responsible for services or products advertised nor will We be liable or responsible for any damage to Your computer equipment, software, data or other property as the result of Your viewing, or responding to, advertisements (including banner adverts and pop-ups) featured on the Website.
8.7 We do not guarantee that the Website will be compatible with all hardware and software that may be used by You. We will not be held liable or responsible for any damage to Your computer equipment, software, data or other property as the result of Your access to, use of, or browsing of any material on the Website.
8.8 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, You shall be responsible for all costs thereof.
9.1 We will not be responsible for any other loss you suffer through our failure to comply with the terms of this contract. In particular we will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the contract such as any loss of profit, opportunity or liability to any third party or in connection with the use, inability to use or the results of use of this Website, breaches of security, interruptions or delays, or errors, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing this Website, or Your downloading of any material from this Website or any websites linked to this Website.
10.1 These Terms shall be governed by and construed in accordance with Australian law, and disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Australian courts.
Product Terms & Conditions
1 ORDERING PRODUCTS
1.1 In these terms and conditions:
1.1.1 "Account" means the account established between us and a Business;
1.1.2 "Business" means any company, partnership, charity, organisation or business accepted by us as such;
1.1.3 "Consumer" means a natural person acting outside business purposes;
1.1.4 "Products" means any products purchased by you through our Website;
1.1.5 “us/our or we” means Sweeneys luggage and any of its authorised agents;
1.1.6 "Website" means sweeneyluggage.com
1.1.7 “you/your” means the Consumer or Business who orders the Product(s).
1.2 All orders placed by you are subject to these terms and conditions (Terms). By clicking on the 'check out' or “I am ready to check out” buttons on the website, you are consenting to be bound by these Terms.
1.3 If you are a Consumer you must be over 18 to place an order via our Website.
1.4 Whether you are a Business or a Consumer, you must have the legal authority to order any Products via this Website.
1.5 If you order Products from our Website we will send you an email confirming receipt of your order, your order number, invoice address, delivery address, description of Products ordered, the price (including VAT) and quantity of the products ordered, the expected delivery date of the products and confirmation of any message to be delivered with the products ordered. GST Registration details will also be included to enable you to utilise this confirmation as a GST receipt should this be required as a result of your purchase.
1.6 Your order is an offer from you to us to purchase the Products. Our acknowledgement of your order is not acceptance of your order.
1.7 We must receive payment in full before an order can be accepted, unless you have a pre-approved account. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings in to existence a legally binding contract between us.
1.8 If you hold an Account we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings in to existence a legally binding contract between us.
1.9 If you order multiple Products and we have not confirmed dispatch of all the Products in your order status then those Products not listed do not form part of our contract with you.
1.10 You can only deliver multiple Products ordered over the Website to one address. If you need to deliver to more than one address, please place separate orders with separate shipping addresses.
1.11 Illustrations, photographs, dimensions and descriptions of Products on our Website are intended as a general guide to the Products only and do not form part of our contract with you. Products may vary slightly in appearance from those depicted on the Website.
2 REGISTRATION AND WEBSITE USE
3.1 All Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Product of equivalent value and quality without notice.
3.2 In the event that we are unable to supply the Products or any substitute product to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.
4.1 The price payable for the Products that you order is shown on our Website.
4.2 The Website shall detail whether our prices are shown inclusive or exclusive of GST and Prices are show exclusive of delivery which is charged separately. Delivery costs will be shown separately in the checkout before you enter your details for payment.
4.3 If the price of a Product is incorrectly shown and is higher than stated on our Website we will either send you an email informing you of the new price and asking you if you want to proceed with your order or we will cancel the order and inform you.
4.4 If the price of a Product is lower than stated on our Website we will send you the Product and charge you the lower price.
5.1 We accept payment via the secure transactions by credit and debit card, and Paypal. Unless you hold an Account we will not dispatch a Product until we have received payment from you. If for any reason payment is refused after we have dispatched the Products we will have the right to request the payment from you or recover the Products from you and charge you for our costs in recovering the Products or seeking further payment.
5.2 If you hold an Account you will be invoiced in arrears and payment of your Account will be due in accordance with the agreed commercial terms of the Account or if no such terms are agreed then you will be invoiced monthly and shall have 30 days to pay in full.
5.3 If you hold an Account interest shall be charged in accordance with the Late Payment of Commercial Debts (Interest)
6.1 We only deliver Products within mainland Australia.
6.2 Products are dispatched as quickly as possible when available and usually within 24 hours of receiving the order, if the following day is a business day.
6.3 We will deliver the Products ordered by you to the address you give to us for delivery at the time you make your order. We cannot guarantee when any item will be despatched and we are unable to specify a time for delivery.
6.4 Some orders will require a signature on delivery. This will apply in the case of delivery of certain Products or to certain locations where a third party is involved, such as offices, hospitals, airports, hotels, ships and other business locations. The signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient.
6.5 You will become the owner of the Products you have ordered when they have been delivered to you or the representative of the recipient. You are responsible for any insurance (where relevant) security after delivery. Once Products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.7 Neither we, nor any courier or postal service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
6.8 Please ensure that you enter full and accurate details, including the address and the postal code, of the recipient. We will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you.
7 IF YOU CHANGE YOUR MIND - CONSUMERS
7.1 If you are a Consumer and subject to Clause 7.3, by law you have the right to cancel your contract before you receive the Products or to return any Products to us within 7 working days after the date of receipt of the Product. It is your responsibility to take good care of the Products to ensure that the Products and their packaging are not damaged. If you have already received the Products from us and wish to return it please follow our returns policy set out in clause 10.
7.2 Once you have notified us that you are returning the Products the cost of the Products will be re-credited to your credit or debit card as soon as possible and in any event within 30 days of your order provided that the Products in question are returned by you and received by us. If you do not return the Products delivered to you or you do not pay the cost of returning them we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to you.
7.3 Your right to cancel as specified in Clause 7.1 shall not apply to Products supplied to your specification or which are personalised.
8 IF PRODUCTS ARE DAMAGED OR FAULTY
8.1 If you want to return a Product to us because it was damaged when delivered or is faulty, please use our returns policy set out in clause 10. If you want a refund not a repair or replacement we will refund you the price and the delivery costs and the cost of returning it to us. Please send us a receipt for the return postage costs.
8.2 We will inspect all Products returned to us as faulty or damaged. If we discover that they are not faulty or damaged we may recharge you for the Products and the costs incurred by us.
8.3 We do not issue refunds or replacements if the product has been used .
8.4 We do not issue a refund or replacement if the suitcase has been damaged while travelling .( We do not cover any warranties for third party damages.
i.e Airline damage, transport damage ,mishandling of the suitcases, normal wear and tear, wheels ,marks ,scratches .
8.5 If you want to claim under warranty ,please read the terms and conditions of your products manufacturers statement .
9 IF WE HAVE SENT YOU THE WRONG PRODUCTS
9.1 If we send you a Product that you have not ordered please use our returns policy set out in clause 10. If you return it to us we will refund the price, the original delivery costs and the cost of returning it to us.
10 RETURNS POLICY AND COMPLAINTS
10.1 If you are returning a Product in accordance with clauses 8 or 9 or you have a complaint please contact us via post at sweeneys luggage centre ,450 Queen Street, Melbourne VIC. You will then be given a returns reference number or customer service issue number (as appropriate). You must quote this number in all correspondence. Each return will be dealt with individually and the most appropriate action agreed with you.
10.2 Where Products are being returned to us we advise you to return Products by a secure postal method to the address given to you by our customer services representative and obtain a receipt as proof of returning it to us. If you have difficulties returning the Products, for example, by reason of their size, please contact us via our help page to arrange a suitable solution.
10.3 If you do not use the returns reference number on all correspondence it may delay our response to you.
11 CANCELLATION BY US
11.1 We reserve the right to cancel the contract between us if:
11.1.1 we have insufficient stock to deliver the Products you have ordered; or
11.1.2 the price or description of the Products was listed incorrectly due to a typographical error or an error in the pricing information received by us from our suppliers.
11.2 If we do cancel your contract we will notify you by email and refund any sum paid by you to your credit or debit card, or PayPal account. We will not be obliged to offer any compensation for loss or disappointment suffered by you.
12 OUR LIABILITY
12.1 We will not be liable for any loss you suffer through failure to use the Products in a normal and proper manner or through altering or modifying the Products, failure to follow any guidelines or using the Products in a careless or negligent manner.
12.2 Our liability to you other than for death or personal injury caused by our negligence is limited to the cost of replacement of the Products or refund of the price paid for the Products.
12.3 We will not be responsible for:
12.3.1 any other loss you suffer through our failure to comply with the terms of this contract. In particular we will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the contract such as any loss of profit, opportunity or liability to any third party; or
12.3.2 any failure to deliver Products or delay due to any event or circumstance beyond our reasonable control.
13.1 If any part of these Terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
14.1 All notices from you to us must be in writing and sent to our contact address at: Swneeys Luggage, 450 Queen Street ,Melbourne VIC 3000 or email address at: firstname.lastname@example.org and all notices from us to you will be displayed on our Website from time to time.
15 EVENTS BEYOND OUR CONTROL
15.1 We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to Products delivered if caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.
17 THIRD PARTY RIGHTS
17.1 A person who is not a party to this agreement has no right under to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
18 GOVERNING LAW
18.1 The contract between us shall be governed by and interpreted in accordance with Australian law and the Australian courts shall have jurisdiction to resolve any disputes between us.
19 ENTIRE AGREEMENT