Terms & conditions of sale
In these Terms and Conditions, unless the context otherwise requires:
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth) as amended.
Buyer means you, which includes your executors, administrators and assigns.
Contract for Sale means the contract arising from the acceptance by Girlosophy of the Buyer’s Order.
Defect has the meaning given to the term 'safety defect' by section 9 of the Australian Consumer Law.
Girlosophy means Girlosophy Pty Ltd (ABN 51 089 774 827).
GST has the meaning given by the GST Law
GST Law has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth), or, if that Act does not exist means any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.
Invoice means the sales invoice generated from the acceptance by Girlosophy of the Buyer’s Order.
Order means an order for goods submitted by the Buyer through the Website in accordance with the procedures and containing the information (whether such information is accurate or not) specified on the Website as being necessary to place such an order.
Website means the website of Girlosophy at www.girlosophy.com.
2. CONTRACT FOR SALE
2.1 These Terms and Conditions and any other terms and conditions incorporated by reference into these Terms and Conditions apply to all goods provided by Girlosophy to the Buyer and form the sole agreement between Girlosophy and the Buyer relating to the provision of goods by Girlosophy to the Buyer. To the extent permitted by law:
(a) any terms and conditions contained in previous offers or Orders; and
(b) any statements, representations or conduct made or done prior to entering into these Terms and Conditions,
are excluded from these Terms and Conditions.
2.3 Girlosophy may amend these Terms and Conditions at any time in respect of Orders received from the Buyer after the time that Girlosophy posts the amended Terms and Conditions on the Website.
2.4 The Buyer agrees to these Terms and Conditions by placing an Order.
3.1 The depiction of goods on the Website, whether visual or textual, is not to be construed as an obligation to sell but merely an invitation to treat.
3.2 An Order will constitute the Buyer's offer to purchase the ordered goods from Girlosophy. No contractual relationship shall arise until Girlosophy notifies the Buyer that the Order is accepted by providing an Invoice to the Buyer.
3.3 Girlosophy reserves the right to accept or decline the Buyer’s Order at any time for any reason, or to require the Buyer to provide additional verification or information associated with the Order before accepting or declining the Order.
4. DELIVERY OF GOODS
4.1 The description of each of Girlosophy's goods available on the Website includes an availability level, such as 'available', 'in stock', 'limited', 'out of stock', 'sold out' and 'coming soon'. Girlosophy will ship most Orders for goods marked 'available' or 'in stock' within one business day of an Invoice being issued. Girlosophy does not ship on Saturdays, Sundays, or holidays. Girlosophy only delivers to street addresses and does not deliver to post office boxes.
4.2 If an Order is placed for a good that is marked as anything other than 'available' or 'in stock':
(a) the Buyer acknowledges that shipping of the goods will be delayed for at least the time it takes Girlosophy to source new stock; and
(b) Girlosophy may in its discretion contact the Buyer with an estimated shipping time.
4.3 If an Order contains goods that are marked 'available' or 'in stock' as well as goods that are marked otherwise, paragraph 4.2 will apply to the entire Order. However, Girlosophy reserves the right to make part shipments of any Order and each part shipment shall constitute a separate contract for the sale of goods. Failure to make a shipment of one part of an Order shall not invalidate the contract as regards other parts.
4.4 Girlosophy will notify the Buyer if Girlosophy becomes aware of circumstances which will delay shipping beyond a reasonable time after:
(a) the one business day shipping time applicable to most Orders solely for goods marked 'available' or 'in stock' (see paragraph 4.1); or
(b) any estimated shipping time notified to the Buyer in accordance with paragraph 4.2(b).
4.5 If Girlosophy is unable to ship an Order or any part of an Order, Girlosophy may contact the Buyer and offer to refund the amount paid by Buyer for that Order or part of the Order in Girlosophy's absolute discretion.
4.6 Girlosophy will use a standard parcel delivery service for deliveries to addresses within Australia, unless Girlosophy sends an email agreeing to use an alternative (for example, faster) service in response to a Buyer's request made by email to firstname.lastname@example.org. Once shipped, Orders sent by the standard parcel delivery service are generally received within 7 to 10 business days.
4.7 Girlosophy will use an international Air Mail parcel delivery service for deliveries to addresses outside of Australia, unless Girlosophy sends an email agreeing to use an alternative (for example, faster) service in response to a Buyer's request made by email to email@example.com. The time taken to deliver goods to addresses outside of Australia depends on the country of destination. Please allow up to 20 business days.
4.8 Risk of loss and title of goods passes to the Buyer on Girlosophy's delivery to the relevant postal service provider. Once goods are shipped, Girlosophy cannot influence the time taken by the postal service provider to deliver an Order.
4.9 The price paid by the Buyer during checkout will include the cost of delivery.
4.10 If goods are sent outside of Australia, the Buyer:
(a) is responsible for any taxes, customs duties and fees imposed by the destination country;
(b) is the importer of record in the destination country;
(c) must ensure that the product can be lawfully imported into the destination country; and
(d) must comply with all laws and regulations applicable in the destination country.
4.11 To the maximum extent permitted by law, any delay in shipping or delivery caused by circumstances beyond the reasonable control of Girlosophy (including without limitation severe weather or service interruptions) shall not be grounds for cancellation by the Buyer or for any claim for damages or compensation by the Buyer.
5.1 The Buyer must pay all invoices (without deduction and including delivery costs) through the Website by following the instructions on the Website during the checkout process. Payment can be made by credit card or PayPal.
5.2 If the Buyer is to make payment by credit card, Girlosophy will bill the Buyer’s credit card or debit card on the completion of the checkout process on the Website.
5.3 All references to $ or dollars are references to Australian dollars. All prices are quoted in Australian dollars.
5.4 Girlosophy uses a 256-bit SSL certificate in the Shop. The 256-bit SSL (Secure Sockets Layer) gives you the highest level of protection possible when making a purchase in the Girlosophy shop.
All prices listed on the Website are inclusive of GST.
7. PASSING OF PROPERTY AND RISK
Title and the risk of loss or damage to the goods shall pass to the Buyer at the time the goods first leave Girlosophy’s premises en route to the Buyer.
8. ALTERATION OR CANCELLATION OF ORDER
8.1 If you are concerned about your Order, please contact us by email at firstname.lastname@example.org. Please include in your email your invoice number, a contact telephone number and details of your concern.
8.2 Orders may not be altered or cancelled without the written consent of Girlosophy. If Girlosophy agrees to alter or cancel an Order, which Girlosophy may do in its absolute discretion, Girlosophy may in its absolute discretion also require you to pay to Girlosophy any loss, damage and expense incurred by Girlosophy in relation to the alteration or cancellation of your Order.
8.3 Subject to your rights at law which cannot be modified or excluded by agreement, including but not limited to your rights as a consumer under the consumer guarantees in the Australian Consumer Law, Girlosophy will not accept returned goods unless such return is authorised by Girlosophy.
8.4 Girlosophy does not take title to returned goods until the goods arrive at Girlosophy's premises.
9. LIABILITY FOR DEFECTS
Girlosophy will compensate the Buyer for loss suffered by it as a result of being supplied with goods that have a Defect. Notwithstanding clause 10, Girlosophy will repair, replace or give the Buyer an allowance for defective goods which directly result from a Defect in the goods, provided that Girlosophy receives written notice of the alleged complaint together with a signed claim form within the time for commencing defective goods actions specified in the Australian Consumer Law.
10. LIMITATION OF LIABILITY
10.1 If you are concerned about any goods or services you receive, please contact us by email at email@example.com. Please include in your email your invoice number, a contact telephone number and details of your concern.
10.2 Girlosophy does not exclude any rights, guarantees, remedies, conditions and warranties in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified. However, Girlosophy does exclude all other rights, guarantees, remedies, conditions and warranties in respect of goods, services, and the Website arising under custom, law or statute which may be excluded, restricted or modified, to the fullest extent permitted by law.
10.3 To the maximum extent permitted by law, Girlosophy's liability for a breach of a condition or warranty that by law cannot be excluded is limited, at Girlosophy’s option, to:
(a) the replacement or repair of the goods; or
(b) the supply of equivalent goods; or
(c) the cost of replacing or repairing the goods or of acquiring equivalent goods.
10.4 To the maximum extent permitted by law, Girlosophy is not liable for:
(a) any loss or damage to the goods resulting from any act or omission on the part of the Buyer, or the employees, contractors or agents of the Buyer; or
(b) any special, consequential, direct or indirect loss or damage incurred by the Buyer in connection with the supply of goods under a Contract of Sale or any act or omission (including negligence) on Girlosophy’s part in relation to its obligations under a Contract of Sale, however caused.
11.1 The Buyer indemnifies and holds harmless Girlosophy and its officers, employees and agents from and against all actions, claims, proceedings or demands which may be brought or made against it or them or any of them in respect of any loss, injury, or damage arising out of any breach of these Terms and Conditions by Girlosophy or any negligent act or omission of Girlosophy and from and against all damages, costs and expenses incurred in defending or settling any action, claim, proceeding or demand arising from such breach, act or omission.
11.2 Without limiting clause 10, Girlosophy expressly disclaims responsibility for:
(a) any goods that are:
(i) damaged by accident;
(ii) not installed or used by the Buyer in accordance with:
(A) the manuals accompanying those particular goods,
(B) any additional instructions issued by Girlosophy, or
(C) any applicable Australian Safety Standards and Guidelines; and
(iii) delivered to the address provided by the Buyer, where that address proves to be incorrect; and
(b) any loss suffered by the Buyer as a result of incorrect information having been supplied by the Buyer to Girlosophy in or in connection with an Order.
12. NO RESALE OF GOODS
12.1 The Buyer must not, in a commercial context, re-sell or offer for sale the goods without the written permission of Girlosophy and subject to any additional terms imposed by Girlosophy.
12.2 The Buyer will hold any proceeds arising from a sale of the goods in contravention of clause 12.1 on trust for Girlosophy.
13. NO WAIVER
No failure to exercise and no delay in exercising any right, power or remedy under these Terms and Conditions will operate as a waiver. Nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.
14. GOVERNING LAW
14.1 The laws of New South Wales, Australia govern these Terms and Conditions.
14.2 Each party irrevocably and unconditionally submits to the non‑exclusive jurisdiction of the courts of New South Wales.
14.3 If a provision of these Terms and Conditions or a right or remedy of a party under these Conditions is invalid or unenforceable in a particular jurisdiction:
(a) it is read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and
(b) it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.
14.4 This clause is not limited by any other provision of these Terms and Conditions in relation to severability, invalidity or enforceability.