Terms & Conditions
Thank you for browsing at The Store by Fairfax.
The Store by Fairfax (the Site) is a digital marketing platform operated by Fairfax.
Capitalised terms used in these terms are defined on the last page.
The Site markets the Goods of Sellers who have agreed to use the Site to market and sell their merchandise. When you place an Order for a Good, you are offering to buy that Good from the Seller directly. Fairfax works as the Seller’s agent to put together buyers and Sellers and to facilitate purchases.
Any information you provide to Fairfax via the Site is governed by the Fairfax privacy policy located at the following link: http://www.fairfax.com.au/privacy.html
When you place an Order to purchase a Good via the Site, you are making an offer directly to the Seller. No order shall be deemed accepted by the Seller until Fairfax (acting as the agent of the Seller) issues you with an email acknowledgement of order.
If you receive an email acknowledgement, a contract is formed between you and the Seller subject to the following terms:
1. Payment
(a) You agree to pay the purchase price specified on the Site at the time that you place your Order for the purchase of a Good, and any applicable shipping and insurance charges based on the shipping options selected by you. All amounts are stated in Australian dollars. All purchase prices are subject to Australian GST (where applicable). Shipping and any insurance charges will be separately shown.
(b) If the Goods are being delivered outside of Australia, you must pay any other sales, use, goods and services, value added, customs, excise or similar taxes or charges (“Other Taxes”) imposed by any applicable government agency. The Seller is unable to advise you on the amount of any Other Taxes, and you should contact the taxing authorities of the country that the Goods are to be shipped to if you are unsure whether any Other Taxes will apply.
(c) You must pay for the Good online by the Site Payment Provider. Your payment will be processed upon receipt of your Order. The credit cards that are accepted from time to time will be described on the Site. A surcharge may apply for the use of certain credit cards, and where this is the case this will also be described on the Site.
(d) Gift Vouchers are available and can be used to purchase Goods. Gift Vouchers are valid for 1 year and cannot be returned or exchanged for cash. Gift Vouchers can be redeemed at checkout and will be issued as a credit to the amount payable. All Gift Vouchers are expressed in Australian dollars. Returned items that were paid for with a Gift Voucher will be refunded as a store credit for you to use against a future purchase. If you return an item paid for by both a Gift Voucher and credit card or Paypal, you will be refunded on your credit card/Paypal up to the amount of your initial credit card/PayPal payment and the remaining amount will be refunded as a store credit.
2. Cancellation of orders
(a) The Seller may cancel an Order that it has already accepted if the Seller suspects that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these terms.
(b) While the Seller endeavours to avoid pricing and other errors, inadvertent errors do occur from time to time and the Seller may also cancel an Order that it has accepted in such circumstances.
(c) Unforeseen supply problems or unexpected demand may occasionally result in a Good being unavailable. If there is a delay in shipping your Order The Store’s Customer Service team will contact you as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when the Seller ships the Good to you.
(d) You may also cancel an Order if the Seller is in breach of these terms.
3. Delivery
(a) The Seller will normally ship the Good within 2 Business Days of receipt of your Order, unless otherwise noted in the Seller’s Display. Any delivery times displayed on the Site are estimates only, based on the information provided to the Seller by its shipping company.
(b) The Seller will deliver the Good to the place of delivery you specify when making your Order. Title to and risk in the Good will pass to you upon delivery of the Good to this place of delivery.
4. Returns Policy
Please refer to the Returns Policy page on the Site.
5. Licence to use the content on the Site
(a) You acknowledge that the Site and all related content is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”).
(b) Fairfax grants you a limited, non-transferable licence to access and use the Site solely for your personal, non-commercial purposes.
(c) Fairfax (or our licensors) retains all right, title, and interest in and to the Site and all related content, and nothing you do on or in relation to the Site or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any Intellectual Property Rights unless this is expressly stated.
(d) Except as provided in these terms and conditions, permission to reprint or electronically reproduce the Site or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
(e) Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this Site without notice.
(f) If purchasing Goods containing liquor, you must be over 18 and agree to all relevant legislations and acts for each respective Australian state and territory in respect of the specified premises that are the subject of each respective licence.
6. General restrictions
(a) You must not disclose to any other person any user name and password that Fairfax gives to you. Fairfax will assume that any use of this Site made using that user name and password is you, and you will be responsible for any such use, except where you have notified us under paragraph (b).
(b) You must notify us if you become aware of any improper use or disclosure of your user name and password, in which case we will allocate a new user name and password to you.
(c) In using this Site, you must not:
(i) provide us with inaccurate or incomplete information;
(ii) violate any applicable laws, or use this Site for any purpose that is unlawful or prohibited by these terms and conditions;
(iii) impersonate any person;
(iv) distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software; or
(v) engage in any other conduct that inhibits any other person from using or enjoying this Website.
7. Information provided by Sellers
Much of the information on the Site is provided by our Sellers, including all of the information relating to the Goods that may be purchased from those Sellers. While we believe that our Sellers are reliable sources of this information, we cannot be responsible for such information.
8. Warranties and liability
(a) The Seller warrants that if any Good fails to comply with the following promises within 30 days of your receipt of the Good, you may return the Good to the Seller for a full refund or store credit as described in section 4 above:
(i) each Good will comply in all material respects with any descriptions given on the Site;
(ii) unless otherwise noted, where the Goods are items of clothing they will be new and not second-hand; and
(iii) each Product will be in saleable condition (subject to any defects described on the Site prior to purchase).
In addition, if the Australian Consumer Law applies to the Seller’s sale of a Good, the Seller provides you with notice of the following guarantee:
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(b) All express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions or a Good that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.
(c) Nothing in these terms and conditions excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited, (which may include the Australian Consumer Law, which (as described above) contains guarantees which operate to protect the purchasers of goods and services in various circumstances).
(d) If any guarantee term, condition or warranty is implied or imposed in relation into this agreement (a Non-Excludable Provision) and the Seller is able to limit your remedy for a breach of such a Non-Excludable Provision, then the Seller’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at the Seller’s option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(e) Subject to the Seller’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the maximum aggregate liability of the Seller for all claims under or relating to these seller terms or a Good, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the greater of:
(i) AUD$100; and
(ii) the amounts paid by you to the Seller as a result of the purchase of a Good.
In calculating the Seller’s aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by the Seller under any Non-Excludable Provision.
(f) Subject to the Seller’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the Seller is not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for loss of profits, revenue, goodwill or anticipated savings,
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(g) The Seller’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
9. Variation of the Site
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Site (including the Sellers that may be included from time to time on the Site).
10. General
(a) Neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.
(b) These terms are governed by the laws of New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
(d) These terms constitute the entire agreement supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written between the Seller and you in relation to the Goods and between Fairfax and you in relation to your use of the Site.
(e) Your purchase of the Goods is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any purchase, including by sending electronic notices. The will be your consent to receive electronic communications in respect of your Orders made on the Site.
(f) The term “including” when used in these seller terms is not a term of limitation.
Definitions:
Display means the information and images Seller has provided for inclusion on the Site to market its Goods.
Goods means products or services which are marketed by Seller in Seller’s Display.
Fairfax means Fairfax Digital Australia & New Zealand Pty Limited.
Order means an order placed by a Customer to purchase a Good from Seller using the Site.
Returns Policy means the policy on returns and refunds stated on the Site and in the Site Terms.
Seller means an entity who has been approved by Fairfax to use the Site to market Goods, subject to this Agreement, as amended from time to time.
Site means Fairfax’s Site at URL www.thestore.com.au.
Site Payment Provider means any third party that Fairfax uses to collect payments from Customers (including a credit or debit card scheme or other payment processing service such as PayPal).