Terms for Online trading
Expression Australia ON-LINE TRADING TERMS
About these terms
In these terms, ‘Expression Australia’ means Expression Audiology ACN 004 058 084 and ‘you’ means the person whose details are entered in the section during the purchase process.
Words in these terms that are spelt with initial capitalised letters have particular meanings in these terms. In most cases, their meanings are set out at the end of these terms but some meanings are set out in the body of this document.
When an Order placed by you in accordance with these terms is accepted by Expression Australia, the Order and these terms form a contract between Expression Australia and you. That contract for the supply of Products that are listed on the Expression Australia Websites and that Expression Australia agrees to supply to you under these terms is referred to throughout these terms as the “Contract”.
The Contract cannot be varied unless Expression Australia agrees to vary it in writing or by email. Expression Australia reserves the right to vary these terms from time to time by posting amendments to the Websites or by notifying them to you by some other means. The amendments will take effect immediately they are posted on the Website or otherwise notified to you and will apply to all Orders made after that date.
You must be 18 years or older to place Orders.
Orders, prices and payment
By listing products for sale on the Expression Australia Websites, Expression Australia is inviting you to do business with Expression Australia but is not offering to supply any particular Products. Expression Australia reserves the right to remove Products from the Websites at any time.
You may place an Order online by following the steps specified on the Websites. Orders will not be accepted by Expression Australia if they are in any other form or if they require delivery outside Australia.
Prices may change at any time at our sole discretion but if there is a price change after an Order, the change will only apply to subsequent Orders. Prices for Products listed on the Websites and Order Forms are inclusive of GST, exclusive of postage, freight and other handling costs (Shipping Costs) and current at the time of your access. You must pay any Shipping Costs specified on the Websites or the Order Form at the time you pay for any Products ordered.
The total amount of your Order (comprising the price of the Products, Shipping Costs and GST) will be calculated when your Order is placed.
Unless provided otherwise, all payments for Orders or donations will be made by credit card. Accordingly, you will need to provide to Expression Australia (via a secure payment gateway, using eWay), details of your credit card, including:
- credit card type;
- name on the credit card;
- credit card number;
- expiry date of the credit card; and
- CSV number of the credit card (the 3 digit number on the reverse of the credit card).
Your credit card which will be charged for the total amount of the Order at the time that the Order is placed
We will also require your postal address to send any physical Products ordered and your tax receipt and/or invoice. We will only provide a tax invoice after you have paid for the Products.
You may not cancel an Order or a donation once it is submitted.
Expression Australia reserves the right to refuse to supply an Order that you submit, even if you have paid for the Order, and Expression Australia is not obliged to give any reason for the refusal. If Expression Australia cancels an Order after you have paid for it, the amount paid will be refunded as soon as reasonably practicable.
If you become aware that your credit card has been lost, stolen or is being used fraudulently, it is your responsibility to report the issue to your financial institution.
Shipping and title in the Products
Expression Australia will send the Products specified in your Order to the delivery address specified in your Order. Expression Australia will use commercially reasonable endeavours to make sure that the Products are shipped within any time estimates given before or at the time you submit your Order. While we aim to dispatch Orders within 3-5 working days of their receipt, dispatch may be delayed if a product is out of stock or temporarily unavailable from our suppliers. Typically shipping will take a further 3-10 working days following dispatch. However, subject to any applicable Consumer Guarantee Expression Australia:
- does not promise that either dispatch or shipping will occur within the estimated time; and
- will not be liable to you at all, whether under the terms of the Contract or in negligence or otherwise, for any late delivery of, or failure to deliver, the Products.
We will contact you by email to advise you of any substantial delay and may contact you if we anticipate any issues delivering your Products within a reasonable time. Where, due to delay, your Order can be fulfilled in more than one shipment, we will not split the shipment (and incur additional freight charges) unless you have authorised multiple shipments.
Title in the Products will pass to you when payment in full is received by Expression Australia. Risk of loss of, or damage to, the Products passes to you when the Products are delivered to the delivery provider authorised by you in your Order. We do not insure orders, so we recommend that you nominate a secure delivery address. Typically, where goods are delivered and no-one is available to accept receipt, the delivery agent will leave a card requiring the addressee to contact the delivery agent to arrange collection.
Faulty product return
If you believe your product is not working correctly please call 1300 30 20 31 or email email@example.com.
Without limiting your rights under any applicable Consumer Guarantee, where you want to return the Product it MUST:
- be complete with all the parts originally supplied;
- be adequately packed to prevent damage in transit;
- include a copy of your GST invoice; and
- have the RA number clearly marked on the outside of the packaging.
Without limiting your rights under any applicable Consumer Guarantee, no refund will be provided for Products unless you:
- notify us in writing of the request for refund and, where the request relates to goods, return the goods, within 30 days of the Order; and
- provide us with a copy of the receipt for the Products.
Refunds of credit card payments will be made to the same credit card that was used for the purchase.
Limitation of Liability
Subject to any applicable Consumer Guarantee and to the maximum extent otherwise permitted by law, all terms and warranties expressed or implied by any legislation, the common law, equity, trade, custom or usage or otherwise are expressly excluded.
Except to the extent that you are entitled to any greater remedy in respect of any breach of an applicable Consumer Guarantee and without limiting the application of matters set out below in the particular case, the liability of Expression Australia for a breach of the Contract, statutory cause of action, common law or tort (including negligence) in any way is limited as follows:
- if the breach of Consumer Guarantee relates to Products that are goods:
- repair of the goods or the payment of the costs of having the goods repaired; or
- the replacement of the goods, the provision of new goods or the payment of the cost of replacing or acquiring equivalent goods; and
- if the breach of Consumer Guarantee relates to Products that are services:
- provision of the services again; or
- the payment of the costs of having those services supplied again.
Without limiting your rights in respect of any breach of an applicable Consumer Guarantee and to the extent otherwise permitted by law, subject to the paragraph immediately following this paragraph, the aggregate liability of Expression Australia under or in connection with the Contract, whether in contract, tort (including negligence), by statute, for breach of a Consumer Guarantee, under an indemnity or otherwise at law or in equity, is limited to the amount paid by you under the Contract.
Without limiting the rights of the Reseller in respect of any breach of an applicable Consumer Guarantee and to the extent otherwise permitted by law, Expression Australia will not be liable to you for any Consequential Loss under or in connection with this agreement (whether arising in negligence or any other tort, in contract, under statute or otherwise).
The matters set out above under the heading “Limitation of Liability” survive the termination or expiry of the Contract.
Without limiting the operation of, or any right or remedy that you might have under, any applicable Consumer Guarantee, Expression Australia will not be liable for any loss or damage suffered or incurred by you arising from any delay by Expression Australia in fulfilling or any failure to fulfil or otherwise discharge any of its obligations under the Contract, if the delay or failure is caused by anything beyond Expression Australia’s reasonable control.
The terms of the Contract replace all previous representations, arrangements, understandings and agreements between you and Expression Australia relating to its subject matter and contain the entire agreement between you and Expression Australia relating to that subject matter.
The Contract is governed by the laws of Victoria and you and Expression Australia each irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria.
Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than cost of repair), loss of opportunity or expectation loss and any form of consequential, special, indirect, punitive or exemplary loss or damages.
Consumer Guarantee means a consumer guarantee set out in Division 1 of Part 3-2 of the Australian Consumer Law.
Contract means the agreement between Expression Australia and you that is formed when Expression Australia accepts an Order.
GST means the tax imposed by A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended from time to time.
Order means an order that you place in accordance with these terms.
Order Form means the downloadable Order form made available on the Websites and used by you to Order Products.
Product means, a good or service listed on the Expression Australia Websites priced in Australian dollars that Expression Australia agrees to supply to you in accordance with these terms.
Websites means www.expression.com.au and any website that replaces either of them.
Version 1.1 - August 2012