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The law states that a minor cannot enter into contracts. By making an on-line purchase the customer accepts these terms & conditions and acknowledges to be over the age of eighteen (18) years and enters into a legal contract with smartstore.com.au. Should smartstore.com.au suffer any loss or damage, as a result of a transaction entered into by a minor, smartstore.com.au reserves the right to seek compensation and legal action for such losses from the parents or guardians of the minor who caused the order to be placed.
Credit Card Fraud
At smartstore.com.au we take we take online fraud very seriously, and our primary goal is to ensure our many valued customers are assured that transacting with us is a secure, safe and easy procedure.
smartstore.com.au employs the latest in Secure Sockets Layer (SSL) technology. We use 256-bit encryption software. This is the highest form of encryption possible and this protects your details as they travel over the internet.
Our secure server software (SSL) is the industry standard and among the best software available today for secure e-commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read as the information travels over the Internet.
We will not enter into any transaction on suspicion of use of fraudulent or unauthorised credit card. This includes suspension and cancellation of the transaction and/or prevention delivery of goods which are the subject of a suspected illegal transaction. smartstore.com.au will take reasonable action to notify relevant authorities and providing all information pertaining to the transaction to facilitate prosecution of the offender.
smartstore.com.au does not take responsibility for direct or indirect damages & consequential losses suffered by use of fraudulent or unauthorised credit cards. smartstore.com.au does not take responsibility for direct or indirect damages & consequential losses associated with damage to goods occurring during delivery. All our items are shipped with transit insurance.
The customer shall contact smartstore.com.au to make a shipping claim and smartstore.com.au shall resolve the complaint with the transit insurer. By accepting these terms and conditions, the customer acknowledges that s/he has sufficient notice of this disclaimer, s/he has entered into this transaction and accepted this disclaimer of his or her own free will.
Trading Terms and Conditions
Warranty and Returns
What smart store will do in the event of a legitimate claim
smart store will, in its absolute discretion:
Quotations and Orders:
Retention of title
smartstore.com.au reserves all rights to all intellectual property owned.
None of the intellectual property including text, designs, logos shall be used by any other individual, corporation or group.
The smartstore.com.au web site incorporates the intellectual property of third parties under licence .
Communication with Smartstore
We reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will disable that functionality for your account. Our communications will contain a clear link to Unsubscribe. Once you have unsubscribed we will remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.
The SmartStore message services available to our guests are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in messages. Examples of the kinds of conduct or content that are prohibited in messages include:
We have done our best to display as accurately as possible the colours of the products shown on the Web Site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
Whilst SmartStore makes every reasonable effort to present accurate information on the Web Site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order and/or made payment). Such errors, inaccuracies or omissions may relate to product description, pricing and availability. If, for example, the price or description of a product offered for sale on the Web Site is incorrect due to a technical or administrative error, any agreement arising from any acceptance of such offer will, in SmartStore's discretion, be void. We also reserve the right to limit quantities (including after you have submitted your order and/or made payment). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
On your request, we will organise for the delivery of your order to your designated delivery address. Our delivery contractors are Australia Post and various couriers. Each product page will show the delivery charge for that item.
Certain of the products available for sale through the Web Site may not be located at SmartStore's Australian warehouse.
In relation to products located outside Australia, you are responsible for ensuring that the goods the subject of your order can be lawfully imported to the destination country (i.e., Australia/New Zealand). You are the importer of record and must comply with all laws and regulations of the destination country. For Australian customers, your orders may be subject to import costs such as customs duties and GST. You are responsible for the payment of any such costs (which may be in addition to the stated purchase price for such goods on the Web Site).
You agree to indemnify and hold SmartStore and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, reasonable legal costs and expenses on a full indemnity basis) incurred by you or by the Parties arising from any claim, demand, suit, action or proceeding by any person against you or the Parties where such loss or liability arises out of, in connection with or in respect of your use of the Web Site, any breach by you of these Terms and Conditions and/or any goods purchased by you from SmartStore.
In no event shall SmartStore or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. To the maximum extent permitted by applicable laws, SmartStore's liability is limited to an amount equal to the purchase price of the relevant good(s).
To the extent permitted by applicable laws, SmartStore does not accept any liability for:
These Terms and Conditions are legally binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Victoria. Each party submits to the exclusive jurisdiction of the Courts of Victoria. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of SmartStore. These Terms and Conditions (including all of the policies and other agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by SmartStore in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is included in sales to Australian customers but not to New Zealand customers. New Zealand customers do not pay GST when purchasing from SmartStore. Where GST becomes payable on arrival of orders to New Zealand these costs will be covered by SmartStore.
Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au.
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