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Terms and Conditions
Inekards
ONLINE RETAIL CUSTOMER AGREEMENT
By making a purchase through Inekards.com you are entering into a contract between you and Inekards (ABN 62 522 321 006). This Agreement sets out the conditions under which you purchase Goods online from Inekards.com.
By using the services of Inekards.com you are bound by this Agreement.
1. Interpretation
In these Conditions:
Agreement is an agreement between you and Inekards to supply Goods, and consists of the Order and these conditions;
Conditions are these conditions, and any agreed written variations;
Delivery Address is the address to which the Goods are to be delivered as stated on the Order;
Intellectual Property Rights includes all rights in respect of copyright, trademarks, patents, designs, and protection of confidential information, whether arising under statute or otherwise;
Order is an order by you to purchase Goods from Inekards.com;
The Product Section is the section named The Product displayed on the Inekards Website, as amended from time to time;
Postage & Handling is the fee payable to Inekards in respect of delivery of the Goods and handling costs associated with processing your Order which is dependent on the value of the Order and the location of delivery, and as advised by Inekards from time to time; and
Online Shop is the part of the Inekards website where flashcard sets, visual schedules and other such learning tools are available for purchase to internet customers.
2. The Agreement
An agreement exists between you and Inekards once www.inekards.com accepts an order or receives the order and does not reject it within fourteen days. Each order is a separate Agreement.
3. Customer Details
Details to be completed: You must complete your billing details as part of placing an order for Goods with Inekards. You warrant that all information and data provided by you in the billing details is accurate, complete and up to date. You must promptly inform Inekards if there is a change to this information or data. Set up costs: You are responsible for any costs associated with accessing the Online Shop and placing an order for Goods with Inekards, including any Internet provider fees.
4. Orders And Delivery Of Goods
Authorised receipt of Goods: Anyone at the Delivery Address who receives the Goods shall be presumed by Inekards to be authorised to receive the Goods. Inekards may request that the person who receives the Goods at the Delivery sign as proof of receipt.
5. Risk And Title In The Goods
Risk and title in the Goods passes to you upon delivery of the Goods to the Delivery Address.
6. Returns And Refunds
If you are not satisfied with the quality of the Goods you have purchased, you may call Inekards on +61 (0)2 9428 1882 or email Inekards at inekards@bigpond.com and an Inekards representative will arrange for an exchange or refund of your purchase on return of the Goods to Inekards. Any Postage & Handling Fees incurred will not be refunded.
7. Cost Of Goods And Payment
Cost price: The cost price of the Goods as shown in the The Product Section is the purchase price which is applicable at the time you view it. All prices are in Australian dollars and are, but are exclusive of GST.
Postage & Handling Fee: You must pay the Postage & Handling Fee in respect of each Order. You shall be responsible, as part of the order process, for initially selecting the correct Postage & Handling Fee based on the value of the Order and the location of delivery. You give permission to Inekards to change the Postage & Handling Fee selected and charge your credit card any additional amounts required if the Postage & Handling Fee selected by you does not match to the value of the Goods Ordered or the location to where they are to be delivered.
Total price of Goods: Goods in your Order are charged at the purchase price applicable at the time you submit your Order and as shown on your order confirmation.
Invoice: With the delivery of Goods, Inekards will provide an invoice/receipt (and in the case of purchases for delivery in Australia, a Tax Invoice) specifying the total price for the Goods.
Online Payment by Credit Card: You must pay for the Goods at the time you place the Order by providing your credit card details on the Inekards website and Inekards will process your payment using your credit card (MasterCard or Visa). The payment will be processed at the time of the Order. Inekards may decline to accept payment from you by credit card for any reason, and is not required to give reasons.
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8. Out Of Stocks And Substitution
Inekards will use its best endeavours to ensure that all Goods ordered by you are supplied to you. Inekards reserves the right to limit the sale of Goods to reasonable or normal household quantities. If an Order or part of an Order cannot be filled you will be refunded for any Goods not delivered.
9. Packaging And Labelling Of Goods
Inekards aims to include in the The Product Section up-to-date pictures of the Goods. At times, the picture of the Goods on the The Product Section may differ from the Goods actually supplied to you. If the Goods supplied by Inekards are not as represented in the Online Shop Inekards shall replace the Goods or provide a full refund for the Goods at Inekards’s cost.
10. Intellectual Property Rights
You acknowledge that Inekards own or are licensed to use all Intellectual Property Rights in Inekards, including any images, photographs or text which appears on the Inekards website. You must not make any representation to the contrary and you must not use or copy Inekards in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos which appear on the Inekards web site are owned by or licensed to Inekards and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
11. Liability
You acknowledge that the Online Shop is provided “as is” and that Inekards is not making and has not made any warranty or representation as to the Inekards Website’s suitability for any particular purpose. In using the Inekards Website, you are not relying on any statement or representation made by Inekards which is not expressly contained in this Agreement. Any liability of Inekards arising out of or in connection with a breach of an express or implied warranty or condition in respect of Goods supplied to you through the use of the Online Shop (other than a condition or warranty implied by legislation which does not permit Inekards’s liability to be limited as stated in this clause 11) will, at the election of Inekards, be limited to:
(a) the replacement of the Goods or the supply of equivalent Goods again; or
(b) The refund of all monies paid by you.
The entire risk arising out of installation, down loading, use or performance of any software remains with you. To the extent permitted by law, you release and discharge Inekards from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Inekards or this Agreement, including loss or damage caused by the negligence of Inekards or its employees or its agents.
12. Notification Of Changes
Inekards may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided in clause 15. Your use of the Online Shop after notice is provided will constitute your deemed acceptance of such changes.
13. Privacy And Security
You can be assured that Inekards will not disclose individually identifiable information to any third party for any purposes. This means that your e-mail address, your name and any other personal details you may provide will not be passed on or sold to any company for any reason.
14. Termination
Inekards may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 15 Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice).
15. Notices
Inekards may give notice to you by electronic mail, conventional mail or notice posting on the Inekards Website.
16. Severability
Each provision of this Agreement (including these Conditions) is severable. Severance does not affect any other provision.
17. LAWS
The laws of New South Wales, Australia govern this Agreement. You and Inekards submit to the non-exclusive jurisdiction of the Courts of New South Wales in respect of this Agreement.
