LIVING IN GOOD COMPANY & DESIGN PTY LTD TERMS AND CONDITIONS OF SALE
1.1 These Terms and Conditions (Terms) together with any Accepted Order constitute the entire agreement between Living In Good Company & Design Pty Ltd (ACN 626 529 708) and its successors, transferees or related companies (In Good Company, us, our, we) and You for the supply of Products and use of our website - www.ingoodcompany.com.au (website). No other terms and conditions will apply unless stipulated in writing by In Good Company. These terms and any Agreement formed under them cannot be varied unless In Good Company and You agree to vary it in writing.
1.2 Your purchase of Products from us and our website, and Your use of our website, is subject to these Terms. If You do not accept these Terms, You must refrain from using the website or making a purchase from the website.
1.3 By accessing and/or using the website, You accept these Terms and agree to be bound by them, and an Agreement is formed between us and You.
1.4 These Terms may be amended at any time without notice and Your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by You to be bound by these Terms as amended. We recommend You review the terms for amendments each time You use the website and before placing any Order. Should we choose to provide You with notice of amended terms, You agree to receive email notification of the amendments from us or our third party.
1.5 In these Terms:
1.5.1 Agreement means these Terms together with any applicable Accepted Order (as the case may be);
1.5.2 Australian Consumer Law means the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any corresponding provisions of state or territory fair trading legislation or the Australian Securities and Investments Commission Act 2001 (Cth);
1.5.3 Non Excludable Rights means rights under the Australian Consumer Law or other rights You may have in relation to the supply of the Products that cannot lawfully be excluded by In Good Company;
1.5.4 Order means an order for Products placed by You with us in accordance with these Terms (be it via the website or otherwise in writing) and includes any related Quotation;
1.5.6 Product means any product or service sold and supplied by In Good Company to You;
1.5.7 Quotation means any written quotation provided In Good Company to You with respect to the sale and supply of Products including any offers contained on the website;
1.5.8 Refund Policy means the refund, return and repair policy set out in clause 18 of these Terms; and
1.5.9 You, User and Your means any person who visits and/or uses the website and/or who purchases Products from In Good Company.
2.1 By placing an Order, You make an offer to In Good Company to purchase the Products selected by You on and subject to these Terms.
2.2 In Good Company may accept or reject the offer made by You at its sole and absolute discretion and for any reason (or no reason), including an error in the advertised price for, or description of, the Products on the website, or an error in Your Order.
2.3 You and In Good Company enter into a binding agreement for the sale and supply of Products by You making an offer via the website to purchase a Product at the price advertised on the website by:
2.3.1 placing an electronic Order for the Products using the website;
2.3.2 You confirming the Order details in accordance with the procedure on the website;
2.3.3 You making the required payment (plus any applicable delivery charges) on the website; and
2.3.4 the acceptance of that offer by In Good Company (Accepted Order).
2.4 A Quotation is valid for 7 days or such other period as stated in the Quotation, unless it has been withdrawn by us.
2.5 A Quotation is not an obligation to sell, but is merely an invitation to treat. No contractual relationship arises from a Quotation until Your Order has been accepted by us in writing, and after You have made full payment of the amount (including any deposit) where required in accordance with these Terms.
2.6 If In Good Company accepts Your Order, You will receive an email from In Good Company as soon as practicable after You have placed Your Order and made the required payment. In Good Company will be deemed to have accepted Your Order on the first to occur of an express acceptance email to you and issue to You by email of a tax invoice for the sale and the fulfilment of Your Order (Invoice).
2.7 If Your Order is not accepted by In Good Company, In Good Company will notify You by telephone or email and will arrange for a full refund of any payment made by You to be processed.
2.8 Every Quotation, Accepted Order or Invoice is subject to and conditional on obtaining any necessary import, export or other licence. If we cannot obtain any such licence, we reserve the right to cancel the Quotation, Accepted Order or Invoice, without liability to You, except we will promptly return to You any deposit You have paid us under a Invoice.
2.9 All Accepted Orders are final. No Order may be cancelled by You except with In Good Company’s written consent and on terms which will indemnify In Good Company against all losses. You acknowledge that the extent to which an Order can be modified or cancelled, if at all, will depend on the type of Product and the stage that the Order has reached in In Good Company’s system.
2.10 Quotations and representations of Products for sale made by In Good Company via the website do not constitute an offer to sell but an invitation to treat.
2.11 When placing an Order, please choose carefully as refunds are not normally provided where You have simply changed Your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend You carefully preview any proposed Orders before adding them to Your shopping cart and/or proceeding to place the Order.
2.12 When entering into an Agreement via the website, You will be taken to have communicated Your offer to purchase the Product(s) the subject of an Order only when:
2.12.1 any applicable requirements set out in these Terms have been met;
2.12.2 the electronic instruction containing the offer from You enters and is recorded in our database;
2.12.3 a record is created and stored in our database; and
2.12.4 we receive in our account the required payment (be it a deposit or payment in full, as identified on the website when placing the Order or in a Quotation, as the case may be) from You for the Product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
2.13 You acknowledge that:
2.13.1 the transmission of Your offer or the confirmation of any payment, made through an electronic instruction may not be received by In Good Company for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
2.13.2 to the extent permitted by law, In Good Company is not liable to You in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
2.13.3 In Good Company may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to You; and
2.13.4 In Good Company may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
2.14 Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If In Good Company cannot supply a particular Product, In Good Company will notify You by telephone or email as soon as possible.
3.1 All sales of Products are made at the price for that Product shown on the website at the time of Order unless otherwise agreed in writing. Unless expressly stated to the contrary on the website or in an Accepted Order, all prices do not include transportation, insurance, delivery or installation, which will be separately quoted and charged.
3.2 Prices shown are in Australian dollars and are subject to change without notice.
3.3 Each published saving or discount shown on the website in respect of a Product is by reference to the lower of the recommended retail price of the manufacturer or the normal retails sale price of In Good Company.
3.4 Images of Products shown without any advertised price beside that image are not offered for sale via the website. Please contact us via email or telephone directly for purchase of these Products.
3.5 Unless otherwise stated, any accessories shown in any image of Products are not included in the price.
3.6 We reserve the right to correct any errors published on the website and at any time to modify or discontinue the Products (or any part or content thereof) without notice.
3.7 Any prices or charges referred to in these Terms, the website and/or in any Quotation are exclusive of Goods and Services Tax (GST) unless stated otherwise. The total price payable by You for the Products is subject to GST.
4.1 Unless otherwise shown on the website at the time of placing Your Order or otherwise agreed in writing, payment for all Orders must be made in full by You, without deduction or set off and in cleared funds upon placing an Order on the website and in any event prior to shipping.
4.2 You undertake that all details provided to In Good Company for the purpose of ordering or purchasing Products or services are correct.
4.3 Payments must be made via the secure electronic payment gateway facilities accessible via the website and will be subject to any terms and conditions of these third party providers and, as such, payments may be processed by an agent appointed by In Good Company.
4.4 We accept payment by Visa, MasterCard and Electronic Transfer.
4.6.3 charge interest as set out in clause 5 of these Terms on the outstanding amount.
4.7 You must not make any deduction or withholding of any type from any payment due to us.
5.1 If You do not pay any amount payable pursuant to an Agreement (including but not limited to pursuant to an Invoice) by the due date:
5.1.1 interest will accrue on that amount at the penalty interest rate fixed by the Attorney-General under Section 2 of the Penalty Interest Rates Act 1983 (Vic), calculated from the time such amount falls due until it is received in full, without prejudice to all or any of our other rights and remedies; and
5.1.2 at our request, You must pay In Good Company the amount of any reasonable costs incurred by us in pursuing payment of the unpaid amount (such as the costs of debt collectors or solicitors retained by In Good Company).
5.2 If You default in payment of any Invoice when due, You shall indemnify In Good Company from and against all loss and damage in respect of any recovery action including without limitation all solicitors’ fees (on an indemnity basis), commercial agents’ commission, out of pocket expenses, bank fees, freight, insurance (collectively referred to as fees) and interest.
5.3 If You default in payment of any Invoice when due, In Good Company may, without prejudice to our other rights, either suspend further deliveries, require payment in advance for all such deliveries or terminate this Agreement or any other agreement with You by written notice to You. In this event, any deposit paid by You shall be forfeited and retained by In Good Company.
6. DELIVERY AND RISK
6.1 Subject to You complying with these Terms and acceptance of Your Order by In Good Company, In Good Company will sell and supply the Products to You as shown on Your Accepted Order and otherwise as set out in these Terms.
6.2 Products may not be available for immediate delivery. In Good Company will endeavour to have the Products delivered by the estimated delivery date contained in an Accepted Order (Estimated Delivery Date) but it does not accept any liability for failure to deliver by the Estimated Delivery Date for reasons beyond its control nor does it accept any liability for delays in delivery. Delivery timeframes are an estimate only and based on the average delivery/manufacturing lead time required by our suppliers. We will contact You on receipt of Your Order to notify You of the indicative delivery date.
6.3 If In Good Company gives You notice that it will be unable to deliver Your Order due to lack of stock, You may cancel Your Order without charge, and In Good Company will arrange for a full refund of any payment made by You to be processed.
6.4 Title and risk in the Products, such as loss and damage, shall pass to You upon delivery to You (or collection, as the case may be).
6.5 In Good Company must deliver the Products to the delivery address specified in the relevant Accepted Order. 6.6 All quoted delivery dates are estimates only and In Good Company has no obligation to meet such dates. In the event that any delay in delivery or installation is caused by circumstances beyond In Good Company’s reasonable control, In Good Company may suspend or delay delivery without consequence and without relieving You of Your obligations.
6.7 Actual delivery times will be arranged with You in advance. If You are unable to accept delivery within 14 days from our first call, the Invoice must then be paid in full. In addition, a storage fee from $50 - $750 per week will be payable depending on the size of the order. Storage fees will be invoiced to You on a weekly basis until delivery has been completed and are payable prior to final delivery.
6.8 If delivery cannot be made to the location specified in Your Order due to the nature of the premises, insufficient access, because there is no one available to accept delivery on the pre-arranged delivery date or for any reason not attributable to In Good Company, including Your absence, You will be liable for any additional delivery charges and costs including redelivery.
6.9 Should You arrange Your own delivery then the Products become Your responsibility upon collection from our premises.
6.10 We reserve the right to register any retention of title security interest in Products on the Personal Property Security Register (PPSR), and You agree to provide all such assistance to us to enable us to make any such PPSR registration.
7. DELIVERY BY POST OR CARRIER
7.1 The terms of this clause apply where You select to have Your Products delivered to a specified address.
7.2 The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
7.3 On acceptance of Your Order by In Good Company, Your Order will be dispatched to Your specified delivery address generally within 14 business days of an Estimated Delivery Date for items that are in stock.
7.4 If You Order large or bulky items, In Good Company will contact You by telephone or email to arrange with You a suitable time for delivery.
7.5 You will be required to be available in person to accept delivery of Your Order. 7.6 If You wish to change the delivery date or delivery address You must contact us at email@example.com at least 48 hours prior to the dispatch of Your Order.
7.7 In Good Company will use its best endeavours to deliver Your Order within any stated timeframes for dispatch, however In Good Company does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
7.8 You must advise at the time You place Your Order via the website or later when You discuss delivery with In Good Company, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If You do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location You will be liable for any extra charges including redelivery fees and the cost of an extra person to assist. Any additional costs in relation to access into Your premises, eg, crane, are Your responsibility. If it is not possible for the Products to be delivered into Your premises, the Products will be returned to our warehouse and You will be invoiced for transport and re-delivery. In addition, the above storage charges will apply.
7.9 In Good Company reserves the right to make part deliveries of any Order and each part delivery will constitute a separate contract in respect of the Products delivered. Failure to deliver all the Products You have ordered will not invalidate the Agreement as regards any part deliveries.
7.10 In Good Company cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
7.11 You are required to inspect Your Products when You take delivery of them. You will be required to note any damage on the delivery documentation which is presented to You by the carrier for signature. In all other cases You will be required to notify us in writing of any damage or shortages within seven (7) calendar days of delivery.
7.12 We will cover the insurance of Your purchase during the time it is in transit until it is delivered to You. We require a signature for any Products delivered, at which point responsibility for Your purchased Products passes to You. If You have specified a recipient who is not You for delivery purposes (for example as a gift) then You accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by In Good Company and transfer of responsibility in the same way
8. ORDERS FOR COLLECTION
8.1 The terms of this clause apply where we indicate on the website that Your Order may be collected and You select to collect Your Order from us.
8.2 If You select to collect Your Products from us, we will contact You by telephone or email to notify You when the Order is available for collection.
8.3 Orders for collection must be collected within 21 days of us giving You notice by telephone or by email that Your Order is available for collection. If Your Order is not collected within this time, we have the right to allocate those Products to another customer and reorder the Products for You and/or charge You above storage charges.
9. ACCEPTANCE OF PRODUCTS AND RETURNS
9.1 You will be deemed to have accepted the Products free of defect or any non-conformity and as being in accordance with Your Order unless You notify us at the time of delivery or collection.
9.2 Subject to these Terms and any express written warranty provided by In Good Company, In Good Company is not under any obligation to accept Products returned by You unless such Products are returned in original packaging and with all components and will do so only on terms to be agreed in writing in each individual case.
9.3 For Products which In Good Company deems defective, any express written warranty provided by In Good Company will apply unless otherwise agreed in writing.
9.4 In Good Company will not accept the return of any Products (whether they are deemed defective or otherwise) if You have offered to sell the Products to consumers or the Products are returned in a damaged state.
9.5 If In Good Company does not accept the reason for the return of the Products, In Good Company will return the Products to You with an explanation for the non-acceptance and the Invoice for the Products will remain payable plus freight charges.
10. DAMAGED OR FAULTY PRODUCTS AND REFUND POLICY
10.1 If any Product Ordered by You arrives damaged or is not of acceptable quality You may have:
10.1.1 rights under the refund policy contained in these Terms (Refund Policy); 10.1.2 legal rights and remedies in the Australian Consumer Laws; and/or
10.1.3 to have the Product repaired or replaced or to receive a refund of the price paid by You for the Product.
10.2 Please choose carefully as In Good Company will generally not provide You with a refund or exchange simply because You changed Your mind or the Product (or any part or aspect of the Product) was not what You expected.
10.3 If Your Order arrives damaged, please submit a claim online at the website or please email firstname.lastname@example.org.
10.4 In Good Company will not be responsible for ensuring that the Products are suitable for a particular purpose unless it is self evident or is made known to In Good Company. In Good Company will not accept responsibility for the suitability or strength of fabrics supplied on a customer's own material or customer's own leather basis which is specified by the customer or their agent.
11. EXCLUSIONS & LIMITATION OF LIABILITY
11.1 Subject to clause
11.2, the Refund Policy and any express written warranty provided by In Good Company, In Good Company does not make any guarantee, condition or warranty as to materials, workmanship or performance of the Products
11.2 With the exception of Non Excludable Rights and any express written warranty provided by In Good Company or the manufacturer of any Products, and notwithstanding any other provision of these Terms, the liability of In Good Company to You, whether arising under or in connection with these Terms or the performance or non-performance thereof or anything incidental thereto, and whether by way of indemnity, by statute (to the extent that it is possible to exclude such liability), in tort (for negligence or otherwise), or on any other basis in law or equity is hereby limited and excluded as follows:
11.2.1 In Good Company shall not have any liability whatsoever to You for any loss or claim of any kind in connection with these Terms or any Products obtained under them; and 11.2.2 the total aggregate liability of In Good Company is at all times limited to the amount equal to the purchase price of the Products.
11.3 If any Non Excludable Terms apply, then to the extent to which In Good Company is entitled to do so, its liability under those Non Excludable Terms will be limited at its option to:
11.3.1 the replacement of the Products or the supply of equivalent Products; or 11.3.2 the repair of the Products; or
11.3.3 the payment of the cost of replacing the Products; or
11.3.4 the payment of the cost of having the Products repaired.
11.4 In Good Company will be under no liability to You or any third party in any circumstances for any indirect, special or consequential loss, injury or damage, including but not limited to loss of revenue, loss of production, loss of product, loss of contract or loss of profit howsoever arising and whether in an action in contract, tort, in equity, under statute, or on any other basis.
11.5 Any advice, recommendation, information or representation provided by In Good Company as to the quality or performance of the Products or their suitability for a particular use, purpose or otherwise in relation to the Products is given in good faith but without any liability or responsibility on the part of In Good Company. You acknowledge that You have not relied upon or been induced by any representation by In Good Company.
11.6 You acknowledge that In Good Company provides no warranties or guarantees whatsoever with respect to the Product’s performance in reducing, or ability to reduce, the risk of fire.
12. PRODUCT WARRANTY
12.1 Unless otherwise agreed in writing, In Good Company offers, on behalf of the manufacturers of the Products, the respective manufacturers' express warranties for those Products (Manufacturer Warranties) as outlined on the warranties section of our website (Warranty Section).
12.2 For warranty purposes, In Good Company acts as agent for the manufacturers we represent and will manage the warranty claim process on behalf of our customers.
12.3 Manufacturer Warranties will vary depending on the Products purchased and can be accessed via the Warranty Section.
12.4 The Manufacturer Warranties do not exclude, restrict or modify any of Your statutory rights or remedies including Your rights under the Australian Consumer Laws.
You indemnify In Good Company and its agents and assigns, regardless of any negligence on the part In Good Company, on a full indemnity basis, from and against any costs, liability, damage, loss, expense or demand arising directly or indirectly from:
13.1 a breach of this Agreement by You; and
13.2 any false, misleading or deceptive representation or statement made by You in respect of the Products to any person.
14. CHANGE OF OWNERSHIP
The Customer agrees to notify In Good Company in writing of any changes of ownership of You within 7 days from the date of such change and indemnifies In Good Company against any loss or damage incurred by it as a result of Your failure to notify In Good Company of any change.
15. SAFETY AND USE
The Customer agrees that:
15.1 You has received adequate information regarding the Products to ensure their safe use, handling, assembly, installation and storage, which may include the Product manufacturer’s or In Good Company’s user guides or manuals applicable to the Products;
15.2 all Products must be properly used in accordance with all applicable laws and instructions provided in any applicable user guides or manuals;
15.3 the purchase and/or use of all Products sold by In Good Company places the responsibility of use on the user of the Products and In Good Company accepts no responsibility for inappropriate use; and
15.4 all Products are used entirely at the user’s own risk and to the maximum extent permitted by law, In Good Company accepts no liability for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from any party’s use (or misuse) of any of the Products.
16. INTELLECTUAL PROPERTY
16.1 In Good Company retains (for its own benefit or as agent for the relevant Product manufacturer, as the case may be) all rights, title and interest subsisting in any design(s), documentation, diagrams, plans, user guides and other information and materials (Product Materials) supplied to You with respect to the Product.
16.2 You acknowledge that all intellectual property rights attached to the Products and Product Materials are and will remain the sole property of In Good Company or the relevant Product manufacturer, as the case may be.
17.1 You may access and/or use the website as a guest or as a member.
17.2 To become a member of the website, You must provide Your name and address, telephone number, a valid email address and nominate a password. If You do not provide accurate and complete details we may not be able to activate Your membership or supply Products to You. You agree to keep Your membership details current at all times by accessing Your account via the website or by contacting us at email@example.com.
17.3 You will receive an email from us as soon as practical after You create Your membership account.
17.4 We only permit one registration per email address.
17.5 You must not use another members' account without permission.
17.6 You must keep Your password secure as You are responsible for any activity on Your account. You agree to notify us immediately if You become aware of any security breach or any unauthorised use of Your password or account.
17.7 If You forget Your password You may click on the relevant link located on the website and we will email You a new password, or You may contact us at firstname.lastname@example.org.
17.8 We reserve the right to terminate Your account without notice for any reason whatsoever including without limitation, if You have breached or we suspect You have breached these Terms.
17.9 You agree to provide current, complete and accurate purchase and account information for all purchases made via the website. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that we can complete Your transactions and contact You as needed.
17.10 Images of Products published in this website without any advertised price beside that image are not offered for sale via the website.
17.11 Photographs are for illustrative purposes only and may vary from Products depicted or described. We have made every effort to display as accurately as possible the colors and images of our Products. We cannot guarantee that Your computer monitor's display of any color will be accurate.
17.12 International visitors to this website should not rely on information contained in this website, including without limitation specifications or pricing. International orders are unable to be accepted.
17.13 We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this site is void where prohibited by law.
18. WEBSITE CONTENT
18.1 We (which, for the purposes of these Terms as they apply to the website, includes any third party publisher which we engage to publish or manage the website) may, at any time, add or remove content from this website without notice.
18.2 Any articles, information or content published on this website must be read subject to these Terms.
18.3 Although we use best endeavours to confirm the accuracy of any information published on this website, You agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to In Good Company. You agree to make Your own enquiries to verify information provided and to assess the suitability of Products before You purchase.
18.4 The information, materials and services in this website are provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets Your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.
18.5 This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
18.6 In Good Company nor any third party will be liable for any errors in content, or for any actions You take in reliance on them. You nor any other person may hold us liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
18.7 In Good Company may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at Your own risk. We do not accept any responsibility in connection with Your participation in activities conducted by any other party.
19. YOUR USE OF THE WEBSITE
19.1 You agree to use this website only for purposes that are permitted by these Terms, any applicable law or regulation and/or generally accepted practices or guidelines.
19.2 You agree that You will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
19.3 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
19.4 We may stop (temporarily or permanently) providing access to this website to You, or to guests or members generally, at our discretion and without prior notice to You.
19.5 We may in our sole discretion restrict Your access to this website. If In Good Company does this, You may be prevented from accessing all or parts of the website, Your account details or other content contained in Your account. We will not be liable to You or any third party for doing so.
19.6 As electronic websites are subject to interruption or breakdown, access to this website is offered on an "as is" and "as available" basis only.
20. LINKS TO OTHER WEBSITES
20.1 This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under our control and we are not responsible for the operation, availability or contents of any linked website or any link contained in a linked website.
20.2 We provide these links to You for convenience only and the inclusion of any link does not imply our endorsement of the linked website.
20.3 You access linked websites at Your own risk. Subject to any non-excludable rights, we disclaim all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites.
20.5 We reserve the right to prevent third parties from linking to this website
21. SECURE DATA AND TRANSMISSIONS
21.1 Given the nature of the internet, In Good Company cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with Your computer systems and In Good Company does not warrant that Your access to the website will be uninterrupted, error free or that any defects will be corrected.
21.2 Whilst In Good Company and its third parties take precautions to protect information, In Good Company does not warrant and cannot ensure the security of any content or information You transmit via the website. You therefore transmit to the website at Your own risk. However, once In Good Company or its third party receives Your transmission, In Good Company and its third parties will take reasonable steps to preserve its security.
21.3 If You become aware of any problems with the security of the website, please contact us at email@example.com immediately.
21.4 You must take Your own precautions to ensure that the process which You use to access the website or any website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your own computer system.
21.5 For the avoidance of doubt, neither In Good Company nor its third parties will accept any responsibility for any interference or damage to Your own computer system which arises in connection with Your use of this website, any website or any linked website.
22. COOKIES Cookies may be used on this website to gather data in relation to this website and You consent to this (although You may be able to disable cookies on Your web browser).
23. LEGAL CAPACITY
23.1 You must be eighteen (18) years of age or over to register as a member of the website or purchase Products from the website.
23.2 Any Order and/or purchase made by You using this website is an acknowledgement by You that You:
23.2.1 are over the age of eighteen (18) years;
23.2.2 accept these Terms;
23.2.3 agree that You have entered into a legal contract (Agreement) with In Good Company in relation to these Terms; and
23.2.4 these Terms, together with Your Accepted Order, constitute the entire agreement between You and In Good Company for the supply of Products.
23.3 In Good Company reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage In Good Company may suffer as a result of a transaction entered into by a minor.
24. PRIVACY AND PERSONAL INFORMATION
24.2 The privacy of Your personal information is important to us.
24.3 In Good Company and its third parties may collect personal information directly from You when You register as a member of the website, when You place an Order, or when You contact us via one of our designated email addresses. Personal information may include Your name, residential and/or postal address, telephone number and email address.
24.4 Your personal information is not collected if You only browse this website. 24.5 Online payments are handled by our secure third party electronic payment gateway facilities (Payment Networks) accessible via the website. In Good Company does not store Your credit card or banking details. Please check the websites of the relevant Payment Networks (via the links available on our website) for details of their privacy policies and security measures.
24.6 In Good Company, its related bodies corporate and their authorised third parties, may use Your personal information for the purposes for which You give it to any of them and for their own internal purposes. You agree that In Good Company and/or its third party may use Your email address to send You messages concerning Your membership account, any Orders You place and information about the Products sold via the website that In Good Company thinks may be of interest to You. If You would prefer not to receive promotional or other material from In Good Company or its third parties, please let us know and In Good Company will respect Your request. You also agree that In Good Company may contact You by telephone to arrange delivery or collection of Your Order.
24.7 You may request In Good Company to remove Your personal information from its database by emailing us at firstname.lastname@example.org.
25. FORCE MAJEURE
In Good Company will not be liable for any delay in performing any of our obligations if such delay is caused by circumstances beyond our reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
26.1 These Terms are governed by and construed in accordance with the laws of the state of Victoria, Australia.
26.2 Should any part of these Terms be held to be invalid, void, unenforceable or unlawful, such part is to be read and enforced as if the void or unlawful part had been deleted and then that provision or part will be deemed to be severed from these Terms and the remaining Terms and provisions of these Terms will remain in force and constitute the Agreement between You and us.
26.3 No Order between In Good Company and You may be assigned by You without In Good Company’s written consent, which may be given or withheld in In Good Company’s absolute discretion.
26.4 If In Good Company merges, sells or otherwise change control of its business or this website to a third-party, In Good Company reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that In Good Company has collected from You and any agreements it has made with You.
26.5 If a party is prevented from or delayed in complying with an obligation (other than to pay money) by an event beyond its reasonable control, performance by it of that obligation is suspended during the time, but only to the extent that, compliance is prevented or delayed.
26.6 The failure by In Good Company to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by In Good Company.
26.7 We appreciate any suggestions (“unsolicited ideas”) You may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that You submit will not be regarded as confidential and will become the property of In Good Company. In Good Company may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate You.
26.8 These Terms may be amended at any time without notice and Your access to this website may be terminated at any time without notice. Your continued use of this website following such amendment of these Terms will represent an agreement by You to be bound by the Terms as amended. Where Your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive. Reference to “website” includes the whole or any part of the web pages located in the website (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
27. REFUND POLICY
27.1 This Refund Policy is applicable to purchases made by You from In Good Company including via the website.
27.2 At In Good Company we want our customers to be completely satisfied with their purchase.
27.3 We therefore recommend You read this Refund Policy carefully prior to You making a purchase from In Good Company, so You are familiar with our policy on refunds, returns and repairs and Your rights under the Australian Consumer Law.
27.4 We also recommend You immediately inspect any Products that we deliver to You or that You collect from In Good Company, to ensure You are completely satisfied with the Products, including that the Products are of acceptable quality, and match the description we have provided to You.
27.5 If You have any questions about this Refund Policy, please contact us.
27.6 This is the Refund Policy applies where You make a purchase online from the website.
27.7 Please choose carefully as refunds are not normally provided where You have simply changed Your mind, made a wrong selection or simply found the Products cheaper elsewhere. We recommend You carefully preview any Orders before adding them to Your shopping cart and proceeding to place Your Order.
27.8 We recommend You follow the following steps to ensure an efficient returns process:
27.8.1 report Your return in writing to In Good Company by sending an email to email@example.com;
27.8.2 please wait for our reply and we will send You instructions within a reasonable period of time; 27.8.3 pack the Products to be returned as carefully as possible and in the packaging in which the Products were delivered;
27.8.4 please retain original packing as this way the Products are ideally protected against damages in transit;
27.8.5 subject to our acceptance of liability for any damaged or defective Product, the value of the Products will be credited to Your account as soon as they have arrived in our warehouse and gone through inspection; and
27.8.6 our intention is to ensure that Your returns process is easy, efficient and cost-efficient transaction for all parties.
27.9 All Products sold in Australia come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
27.10 The following consumer guarantees apply by law to Products You purchase from us:
27.10.1 Acceptable quality.
27.10.2 Fit for a particular purpose.
27.10.3 Match description.
27.10.4 Match the sample or demonstration model.
27.10.5 Express warranties will be honoured.
27.10.6 Spare parts and repair facilities will be available for a reasonable time after purchase.
27.10.7 Title to the Products.
27.10.8 Undisturbed possession of the Products.
27.10.9 No undisclosed securities on the Products
27.11 Consumer guarantees cannot be excluded and are in addition to any extended warranty You purchase or any voluntary warranty (warranty against defects) You are given.
27.12 There may be circumstances where You are not entitled to a remedy.
27.13 For further information about the Australian Consumer Law and consumer guarantees, visit www.consumerlaw.gov.au.
27.14 If any Products arrive damaged, please contact us at firstname.lastname@example.org as soon as possible. In Good Company will arrange to have the damaged Products collected and either arrange for a replacement of the Products or refund the price to You. Damaged Products must be returned in the condition received by You with all original packaging, accessories and/or manuals.
27.15 Refunds will be made by In Good Company via the method of payment You used to make Your online purchase. Refunds will be processed as soon as the Products have arrived into our warehouse and have gone through inspection.
27.16 Where In Good Company considers the Products to have breached a consumer guarantee, any shipping costs to return the Products to In Good Company will be at In Good Company’s cost.
27.17 You may return Products we have delivered to You by mail by contacting us at email@example.com.
27.18 You may also contact or attend the place where Your Products were despatched from, and a In Good Company staff member will assist You with any return or repair. This may include inspecting the Products, arranging for the Products to be sent for repair, or providing You with a replacement.
27.19 Products must be returned within a reasonable time. This timeframe may vary from product to product and may depend on the type of Product You purchased and the price You paid.
27.20 If any Products cannot be easily returned to us due to their size, the fault or because they have been affixed or installed in Your premises, please contact us at firstname.lastname@example.org and we will arrange an inspection to assess the Products.
27.21 Products returned for repair will be assessed and/or repaired within a reasonable time. You may be provided with an indicative repair time, which time may vary due to reasons beyond ours or the repairer’s reasonable control, such as part availability and incorrect fault description.
27.22 You may be required to pay labour, assessment and/or freight fees, such as where Products are assessed to have been damaged by misuse or accident, or where Your rights under the Australian Consumer Law or any manufacturer’s warranty do not apply. We may provide You with an indicative fee, which fee may vary due to reasons beyond our control.
If you have any questions about our website or these Terms, please contact us at email@example.com.