Terms & Conditions
Terms and Conditions
INTRODUCTION
These terms and conditions regulate the business relationship between our Company and yourself as the consumer. By using Our Website in any way, or by buying from us you agree to be bound by them. The Content on Our Website is for general information purposes only.
PAYMENT:
PayPal is our preferred method for accepting payments as this offers you the safest and most secure form of online payment. You can pay directly through your PayPal account or if you don’t have an account you can pay using your credit card through our secure payment gateway.
SHIPPING:
- We ship Australia wide only.
- Shipping on larger concrete items will incur a higher fee due to weight – see product listing.
- Free shipping on retail orders over $65.
- Tracking numbers will be provided for all orders.
- Orders are dispatched on the next business day after receipt of order.
Please be aware that insurance is not covered in our free delivery option.
If you are unlucky enough to receive a damaged item, we can replace it for you.
DELIVERY
Deliveries will be made by post or by a delivery carrier instructed by us to the address stipulated in your order. If you stipulate on the website that you choose to have your delivery left at the door, we take no responsibility for any stolen items.
Please allow at least seven (7) working days for delivery from the receipt of your order and payment for your order. Delivery time is subject to stock availability, and your location within Australia, this period may be extended by up to 10 days for custom orders. We will endeavour to provide you with reasonable notice of that extension.
By choosing to instruct a courier to leave goods without signature, you are waiving your insurances and ability to claim against damaged or stolen goods.
DAMAGED GOODS/RETURNS/REFUNDS:
Every care is taken when packing your order for delivery. If for some reason your purchase is damaged in transit, we will offer you a full refund or replacement provided you send us a photo of the damaged goods and packaging within 48 hours of you receiving them.
Please choose carefully as we do not offer refunds if you change your mind or accidentally order the wrong fragrance or product.
All claims MUST be made within 48 hours of receipt of order.
Refunds will be issued to the extent required by the Trade Practices Act 1974 (Commonwealth) and Sale of Goods Act 1958 (Vic). No part of these terms of use is to be taken as an express or implied repudiation of our obligations under these pieces of legislation.
GST:
All prices listed on our website are inclusive of the Australian Goods and Services tax (GST) payable under the New Tax System (Goods and Services Tax) Act 1999.
PRICING:
Prices are subject to change at our discretion without notice.
COUPON CODES:
The use of coupon codes can be revoked at any time. Coupon codes are an extension to aid in discounts to specific customers. Coupon codes cannot be used in conjunction with any other discount or offer and exclude all sale items and only one (1) coupon can be used per order created (1 coupon code - per 1 transaction)
OUR CONTRACT WITH YOU:
These terms and conditions apply:.
In any event to you as a buyer or prospective buyer of our products.
We shall notify you of our acceptance of your order by confirmation e-mail. That is when the contract is made. A confirmation e-mail will also confirm details of your purchase. You will also be notified by e-mail when we have despatched your order.
We may change these terms and conditions from time to time. The terms that apply to you are those posted here on our website on the day you order your products. It is your responsibility to check our website regularly for updated versions of these terms and conditions.
Where possible we will ensure we have enough stock to meet expected orders. The website is updated when products are no longer available. Unfortunately, we cannot guarantee that we will always have enough stock of advertised products on our website.
If we do not have all of the products you order available in stock, we may offer you alternatives. If this happens you may:
- accept the alternatives we offer; or
- cancel all or part of your order
- or wait for more stock
In the event, you cancel all or part of your order, we will credit your credit or debit card for the relevant order amount as soon as reasonably practicable but in any event no later than 5 days from the date we confirmed cancellation of your order.
If in future, if you purchase products from us under any arrangement which does not involve your payment via our website these terms and conditions will still apply.
YOUR TRANSACTION WITH US
You agree that you have provided, accurate, up to date and complete information about yourself. We require correct information about you to provide you with the products you have purchased. Please review our Privacy Policy for further information about how we collect, store and use your personal information. Click here for our Privacy Policy.
If you use our website you are responsible for maintaining the confidentiality of your login details and password.
You agree to accept responsibility for all activities that occur within your account. If you feel your account has been accessed without your authority, please contact us immediately. We also recommend that you log in to your account and change your password from time to time.
We reserve the right to refuse your access to our website at our sole discretion.
PRICE
All prices for products listed on our website are in Australian Dollars (AUD). All orders must be paid for in Australian Dollars (AUD).
Banking charges by the receiving bank on payments to us will be borne by us. 4.3
YOUR EMAIL ADDRESS
You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority to desist from using or permitting the use of a particular domain name as part of a name or email address.
LIABILITY LIMITATION:
The customer agrees to limit any claim it makes to the cost of replacement of products or acquiring equivalent products, that The Attik shall not be liable for any loss or expense arising after 7 days from delivery (or at all once products have been unpacked, and or otherwise used). The Attik shall not be liable for any contingent, consequential, direct, indirect special or punitive damages with a due to negligence or otherwise and the customer acknowledges this limit of liability and agrees to limit any claim accordingly and that no other term condition agreement warranty representation and or understanding whether express or implied in any way extending to, otherwise relating to or finding upon The Attik other than these terms is made or given by or on behalf of The Attik other than these terms.
CONTENT AND INTELLECTUAL PROPERTY RIGHTS
We will defend the intellectual property rights in connection with our goods and our website, including copyright in the content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
We also claim copyright in the designs and compilation of all content of our website. The title and ownership rights shall remain the sole property of us and / or the other content providers. We will strongly protect those rights in all countries.
You may not use our name, logos or trademarks or any other Content on any website of yours or that of any other person.
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part.
Subject to the other terms of these terms and conditions, you may download or copy content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any content.
SYSTEM SECURITY
We will do our best to maintain our website so that you have constant use, but there will be times when your use may be interrupted.
You agree that you will not and will not allow any other person to violate or attempt to violate any aspect of the security of our website.
You may not use any software tool for the purpose of extracting data from our website.
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
MISCELLANEOUS PROVISIONS
When we communicate with you we will usually do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of those goods or service.
Nothing in these terms and conditions or on our website shall confer on any third party any benefit or obligation.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
No waiver by us, in exercising any right, power or provision in these terms and conditions shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
In the event of a dispute arising out of or in connection with these terms and conditions or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
These terms and conditions shall be governed by and construed in accordance with the law of Australia.
