Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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.
1. About These Terms and Conditions In these Terms and Conditions:
"We", and "Us" and “AusPoints” mean auspoints.com.au which is fully owned and operated by HelloAPM Pty Ltd and "You" means you the customer. “Products” means goods sold by AusPoints on this website. “Price” means the price at which the Products are sold on this web site. “Order” means an order for Products on this web site. “Recommended Retail Price” means a price for the Products for comparison purposes, as determined by clause 13 of these Terms and Conditions. These Terms and Conditions, together with the Australian Consumer Law contained within Schedule 2 to the Competition and Consumer Act 2010 (Australian Consumer Law), constitute the entire Contract between AusPoints and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
2. Australia Sales Only We only sell and ship Products within Australia. We will not make deliveries outside of Australia.
3. Copyright/Trademark Information This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright AusPoints. All trademarks appearing herein are acknowledged. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. The name of AusPoints, HelloAPM Pty Ltd or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical or technical errors.
4. Colours We have done our best to display as accurately as possible the colours of the products shown on this 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.
6. Correction of Errors and Inaccuracies; Limitations on Quantity WhilstAusPoints makes every reasonable effort to present accurate information on this 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 on the website at any time (including after you have submitted your order). If this affects an order you have placed we will contact you to advise of the change and give you the option of a refund or to proceed with the order as amended. Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). 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.
7. Legal Capacity to Transact By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with AusPoints. Should AusPointssuffer any damage or other losses as a result of a transaction entered into by a minor, AusPoints reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with AusPoints.
8. Placing Your Order You may place an Order by adding items to ‘My Cart’ on the Auspoints website and clicking the "Check Out" button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the AusPoints website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any products, however AusPoints will make every effort to supply products to you. We will notify you that your order is being processed by sending you an Order Confirmation via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. AusPoints and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when your order status moves to dispatched in the My Account My Orders Section. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
9. Payment Methods and Processing AusPoints provide a secure environment for the authorisation of credit card and charge card transactions. We also offer PayPal and MasterPass payment solutions.
10. GST In this clause: “GST” means GST within the meaning of A New Tax System (Goods and Services) Act 1999 (Cth) Subject to this clause, if GST is payable in respect of any supply made to you by Auspoints, an amount equal to the GST payable (at the current prevailing rate) will be included as part of the price at which the product is sold on this web site.
11. Prices AusPoints will use its best endeavours to list Products with the most competitive prices. AusPoints reserves the right to change prices for Products displayed on the AusPoints web site at any time.
12. Supply of Your Products Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will confirm shipment via the My Account My Orders section including a tracking number for each parcel.
18. Authority To Leave By selecting No and clicking Accept on our Signature on Delivery option you authorise the courier to leave the goods unattended at the delivery address and you accept that once the courier has done so, the complete order has been received. Selection of Authority to Leave is deemed by our couriers as a signature from the recipient. AusPoints and couriers associated with the delivery, do not accept responsibility for any loss or damage which results from the Authority To Leave delivery method. You agree to releaseAusPointfrom and against any and all claims, demands, liabilities, losses, costs and expenses if Authority To Leave is selected. Should the courier be unable to leave the parcel or deem the location to be an unsafe area to leave the parcel or your instruction text is unclear, the courier may leave an attempted delivery card and return the parcel to their depot. Risk and title to the goods transfers to you after the first attempt at delivery irrespective of whether it was successful or not.
20. Returns Policy Our goods come with guarantees that cannot be excluded. 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. Please see our Returns Policy on our website for further details.
21. Express Warranties The Australian Consumer Law provides that items which we supply come with guarantees that cannot be excluded. In addition to the provisions under the Australian Consumer Law we warrant that the goods are of acceptable quality, are fit for the purpose for which the goods are ordinarily used and match the description on the site (other than minor differences) for a period of 12 months unless otherwise stated. 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. For some items, manufacturers offer their own optional or additional warranties and these apply strictly in addition to your rights under the Australian Consumer Law. Please contact our customer service team who will assist you in obtaining a remedy for your product.
23. Our Liability Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us fail to meet a consumer guarantee under the Australian Consumer Law. Without excluding, restricting or modifying the rights and remedies to which you may be entitles under the consumer guarantees provisions of the Australian Consumer law or our liabilities under those provisions: To the extent permitted by law, we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Products; and We will not be liable to you for indirect and/or consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct. Our liability to you for loss or damage of any kind arising out of this agreement or in connections with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability if in contract, tort (including negligence), under any statue or otherwise.
24. General You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of AusPoints. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.AusPointreserves the right to change the Terms and Conditions of sale at any time. NoAusPointemployee or agent has the authority to vary any of the Terms and Conditions governing any sale.
25. Miscellaneous These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of AusPoints. 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 its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party 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. You andAusPointare independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
26. Force Majeure AusPoints shall not 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 us, and AusPoint shall be entitled to a reasonable extension of time for the performance of such obligations.
27. Governing Law These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.