Online shop sale terms and conditions

1. Application

This Agreement is between Playgroup Victoria Inc. (Playgroup Victoria) and the Client. These Terms and Conditions of Trade (‘Terms’) apply to every order for products and services the Client places with Playgroup Victoria, except where Playgroup Victoria agrees in writing signed by an authorised officer of Playgroup Victoria that all or part of these Terms do not apply. These terms prevail over any written terms and conditions of the Client (if any). These Terms do not create an obligation on or a promise by Playgroup Victoria to supply products and services. The Client’s signature of acknowledgement at the end of these Terms constitutes full acceptance of the Client to the Terms.

2. Interpretation

In these Terms, ‘products and services’ means all products and services created and supplied by Playgroup Victoria, including but not limited to workshops, posters, policies, research and support documents, manuals, e-newsletters and stationery by Playgroup Victoria or a third party supplier.

 

3. Purchases

(a) The products and services displayed on our website are an invitation to you to do business with us. By placing an order on our website, you are making an offer to us which we accept here at Playgroup Victoria in Australia when we agree to accept your order, process payment and ship the product to you. You appoint Playgroup Victoria as your agent for the purpose of arranging shipping of the product you purchase to you at your selected destination.

(b) Where the Client makes a purchase, Playgroup Victoria shall not be deemed to have accepted such a purchase unless it does so in writing or otherwise commences set-up and delivery of the purchase.

(c) Formal acceptance and confirmation of the purchase will include individual and organisation details and addresses, payment requirements, and any additional conditions to the Terms between the parties.

(d) The confirmation of the purchase may be received by email but where a purchase is made by telephone Playgroup Victoria will confirm the details of the order in writing.

 

4. Payment terms

 

(a) All orders are in Australian dollars (AUD).

(b) Payment for the purchase must be made at the time of purchase.

(c) Payment can be made via credit card, only Visa and MasterCard. We also accept a debit card with the Visa or MasterCard logo. We do not accept American Express, Diners Card, cheque or PayPal.

(d) We reserve the right to contact customers by phone or email to seek additional information for verification purposes before processing your order.

(e) The purchase will not be delivered to the Client until payment or evidence of payment has been received by Playgroup Victoria.

(f) While we try and ensure that all details, descriptions and prices that appear on this website are accurate, errors may occur. If we discover an error in the price of any goods that you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total'.

5. GST

All amounts quoted by Playgroup Victoria are GST exclusive unless otherwise stated. The Client will be liable to pay GST in addition to the amount quoted where a taxable supply is made by Playgroup Victoria.

6. Provision of Information

 

(a) Where requested by Playgroup Victoria, the Client must provide to Playgroup Victoria all information required in order to complete the order with Playgroup Victoria. Any personal information will be kept, stored and used according to the Privacy Act 1988 (Cth) and Playgroup Victoria’s Privacy Policy, which can be accessed at www.playgroup.org.au/Privacy-Policy.aspx.

(b) The Client warrants that all information and any other materials provided to Playgroup Victoria is accurate and up-to-date, and Playgroup Victoria may rely on this information in carrying out the delivery of the purchase.

7. Returns and refunds 

(a) If an item is faulty please send it back to us and we will send you a replacement if the relevant item is in stock and if not we will arrange a refund including all delivery charges. As we will refund the cost of sending the item back to us please include a copy of your postal receipt.

(b) Please allow 10 working days for the refund. You will be advised by email when your refund has been processed. Refunds will be processed in the same manner as payments so if for example you paid by Mastercard you will receive a refund on your Mastercard.

We will only refund the price of a returned item that is not faulty (excluding all delivery charges) if all of the following conditions are met:



  1. The item is unused and is in its original condition, and

  2. The item has been posted to 346 Albert Street, Brunswick, 3056 by registered mail and received by us, and

  3. The item is returned within 14 days of your receipt of the purchase.

8. Ownership of intellectual property 

(a) All rights, title and interest (including all copyrights and other Intellectual Property Rights) in the products and services (in both print and online forms), the website and any documentation relating to the products and services belongs to Playgroup Victoria, its licensors or its third party suppliers. The Client does not acquire any ownership or copyright nor other intellectual property rights or proprietary interest in the products and services, or copies thereof. The Client acknowledges that it does not have the right or permissions to sub-licence or onsell the products and services to any other party.

(b) To the extent expressly permitted by applicable copyright law and not further limited or prohibited by these Terms or any additional terms or special conditions, you may make copies of Authorised Printouts and distribute Authorised Printouts and copies within the Client’s Playgroup Victoria registered playgroup only. Any copies and distributions to groups or organisations that are not registered playgroups must first receive written permission from Playgroup Victoria.

(c) Copyright and ownership of all original and draft literary, dramatic, musical or artistic work, including but not limited to documents, artwork and graphics provided by Playgroup Victoria remains the property of Playgroup Victoria, unless otherwise stated or agreed in writing.


(d) If the Client wishes to use any original or draft literary, dramatic, musical or artistic work then the Client may only do so if they have received permission in writing from Playgroup Victoria AND they have paid to Playgroup Victoria the required invoiced amount. These separate literary, dramatic, musical or artistic work will only be delivered to the Client once full payment has been received by Playgroup Victoria.

9. Liability

 

(a) Nothing in these Terms limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties which are precluded from exclusion or modification and this Clause is only intended to limit Playgroup Victoria’s liability where the law allows.

(b) Where permitted by law Playgroup Victoria will not be liable for any loss, action, injury, claim, liability or damage of any kind, directly or indirectly, resulting in any way from any errors, omissions, unavailability, interruption, use, misuse, content, delay, failure or negligence of Playgroup Victoria (or its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Playgroup Victoria or its affiliates; and each third party supplier of materials and their affiliates and any officer, director, employee, subcontractor, agent, successor, or assign), contained in or relating to the products and services, or this website.

(c) Playgroup Victoria (including its related entities, respective officers, employees and agents) excludes all liability (including negligence), for any personal injury or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the work and without limiting the generality of the foregoing.

(d) Playgroup Victoria is not subject to, and the Client releases Playgroup Victoria from, any liability (including but not limited to consequential loss or damage) because of, inter alia: any delay in delivery or fault or defect in the work; negligent act or omission; improper use of work, operation, storage or handling of work by the Client other than accordance with any written instructions supplied with the work.

(e) Playgroup Victoria will not be liable for any loss or damage to the Client or any other party including loss of income.

(f) Playgroup Victoria’s liability to the Client for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that the Client caused or contributed to that loss or damage.

 

10. Dispute Resolution

 

(a) The Client must notify Playgroup Victoria of any disputes by email.

(b) In the event of a dispute arising out of these Terms or any contract, both parties must exercise reasonable endeavours to resolve the dispute including by way of mediation where appropriate.

 

11. Force Majeure 

Playgroup Victoria shall not be in default or be liable for failure to observe or perform in accordance with these Terms for any reason or cause which is outside of the reasonable control of Playgroup Victoria, including without limitation, war, insurrection, riot, civil commotion, strikes, lockouts, industrial disputes, acts of god, act of governments, flood, storm, tempest, power shortages or power failure, or an inability to obtain sufficient labour, raw materials, fuel or utilities.

12. Amendment

These terms may be changed, amended or altered in part, or in full, without warning by Playgroup Victoria. It is the responsibility of the Client, and his/her staff, to read and understand these Terms.

 

13. Miscellaneous

 

(a) All communications from the Client to Playgroup Victoria must be made in writing, including correspondence by email.

(b) Playgroup Victoria is entitled to rely on orders made by any employee, agent or contractor of the Client. Such orders shall be deemed to have been made with the authority of the Client and will be binding.

(c) Playgroup Victoria reserves the right to correct any errors or omissions of any kind in its offers, quotations, order confirmations or invoices, and the correction will be binding on Playgroup Victoria and the Client.

(d) These Terms are governed by the laws of Victoria, Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria.

(e) If any of these Terms are determined invalid, unlawful or unenforceable in whole or in part, such term shall be severed and the remaining terms shall continue to operate to the fullest extent permitted by law.

(f) These Terms and the order and any alterations made in writing by Playgroup Victoria constitute the entire agreement between the parties in relation to the supply of the products or services, and supersedes all previous agreements or understandings between the parties including any inconsistent terms in any order.