TERMS & CONDITIONS OF SALE
The owner and operator of this site is NOTHINGE (ABN 88 232 139 885). By purchasing products from NOTHINGE through this website the purchaser (“Customer”), agrees to the following terms and conditions of sale:
1.1 Upon the Customer confirming its purchase order the Customer agrees to purchase the products in the Customer’s “shopping cart” for their price including GST and any postage and handling charges as applicable.
1.2 NOTHINGE will send the products to the Customer as soon as practicable after it receives payment for the products.
1.3 The Customer warrants that it will not purchase products for the purpose of commercial resale.
2. Defective products
2.1 If the Customer purchases a defective product from NOTHINGE, the Customer must return the product to NOTHINGE within 28 days of receiving the product, with a copy of the invoice for the product and a brief letter which includes the Customer’s details and identifies the defect in the product.
2.2 If the product is defective, NOTHINGE will in its discretion, either:
(a) replace the product; or
(b) provide a refund of the price of the defective product to the Customer.
2.3 NOTHINGE will not accept any liability for any defective products which the Customer does not return in accordance with clause 2.1.
2.4 In no case shall the maximum liability of NOTHINGE exceed the price of the product in respect of which a claim is made.
3. Stock availability
3.1 The Customer shall be entitled to object if information about products on the Website is not correct or if advertised products are not available or if images of products differ from the actual products. In this case, all clauses in Part 2 and part 12 apply.
3.2 If the Customer pays for a product which NOTHINGE cannot supply NOTHINGE will refund the price of that product to the Customer.
4. Products sent to incorrect address
4.1 If the Customer does not receive products it has purchased within 30 days of the date of purchase NOTHINGE shall not be liable to the Customer for those products unless the Customer notifies NOTHINGE within 30 days of the date of purchase.
4.2 If a product is not received by a Customer because it was sent by NOTHINGE to an incorrect address due to an error by NOTHINGE then NOTHINGE shall be responsible for the resending or replacement of the product or refunding of the price of the product.
4.3 If a product is not received by the Customer because the Customer provided an incorrect or insufficient address, then:
(a) subject to clause 4.3, if the product is returned to NOTHINGE, NOTHINGE will resend the product to the Customer provided that the Customer first pays the cost of postage and handling for resending; or
(b) if the product is not returned to NOTHINGE, then NOTHINGE shall have no further responsibility.
5. Non-claimed products
If products which a Customer has purchased are returned to NOTHINGE by a person other than the Customer and NOTHINGE cannot, despite reasonable efforts, contact the Customer or the Customer does not contact NOTHINGE within 3 months of products being returned to NOTHINGE, then ownership of the products will revert to NOTHINGE.
The Customer agrees not to hold NOTHINGE liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
7. Passing of risk and ownership
7.1 Subject to clauses, NOTHINGE does not accept any liability for products after it has sent the products to the Customer.
7.2 Subject to clause 5, ownership of products purchased by the Customer shall pass to the Customer upon NOTHINGE sending the products to the Customer.
8. Limitation of liability
8.1 NOTHINGE shall not be liable to the Customer for refunding the price of products or replacing or exchanging products which the Customer purchases through NOTHINGE website other than as set out in these terms and conditions.
8.2 NOTHINGE shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services which the Customer purchases through NOTHINGE website, even if NOTHINGE has been advised of the possibility of such damages.
9. Site access
9.1 NOTHINGE hereby grants the Customer permission to access, view and download the content appearing on this site, for personal, non-commercial use only.
9.2 The Customer agrees not to use any device, method or software to interfere with the proper functioning of this site including but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.
10. Intellectual property
10.1 The Customer agrees that the content which the Customer accesses, views or downloads remains the intellectual property of NOTHINGE and is copyright.
10.2 The Customer agrees not to modify or alter the content of the website in any way, or make the content available to any third parties.
12. Complaints and enquiries
All enquiries and complaints relevant to the purchase of and/or quality of NOTHINGE’s products should be directed in the first instance to sales
13. Governing law and jurisdiction
These terms and conditions are governed by, take effect and will be construed in accordance with Australian and Victorian State laws, and the Customer irrevocably and unconditionally agrees to submit to the exclusive jurisdiction of the courts in Victoria and courts entitled to hear appeals therefrom.
NOTHINGE would like to welcome you to this website, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer:
The information on this website is provided for general information only. NOTHINGE has provided this information for the benefit of users in good faith and with reasonable care. Errors and omissions in this information may occur. Accordingly, NOTHINGE does not accept any liability for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this website.