apply to the sale and supply of all the goods or services by Akira Grateful ABN 42 418 850 490 to the exclusion of all other terms and conditions whatsoever, whether contained or implied in or from any order from the Customer or from any conduct of or representations made by the Customer or Akira Grateful;
shall be deemed incorporated in any Order placed by the Customer;
shall prevail over all other conditions of the Customer’s order to the extent of any inconsistency (except where waived by Akira Grateful in writing);
may be changed at any time;
shall not be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.
Any reference to “the Customer” is a reference to any person who places an order to purchase goods or services from Akira Grateful.
The Customer must place an order to purchase goods offered for sale by Akira Grateful by submitting an online order form as set out on the Akira Grateful website (“Order”). The Customer may not place any Order by any other means without the prior agreement of Akira Grateful.
Upon submitting an Order, the Order may not be varied or cancelled without the consent of Akira Grateful. In the event that the Customer requests to cancel or vary an Order, the Customer is liable to Akira Grateful in respect to any expenses, costs or charges that Akira Grateful may have already incurred in reliance on the Order.
All goods offered for sale by Akira Grateful are offered subject to stock availability at the time the Customer places the Order. In the event that the item ordered by the Customer is not available, Akira Grateful will refund any money paid by the Customer.
All prices for goods published on the Akira Grateful website are inclusive of Goods and Services Tax (“GST”).
The Customer warrants that they are aged 18 years or over and that they are the person named as the Customer on the Order.
The Customer acknowledges and agrees that a shipping charge applies to each Order unless otherwise indicated and the shipping charge is additional to the retail prices of the goods ordered. The shipping charge will be calculated at the time of placing the Order unless otherwise indicated on the Akira Grateful website.
TERMS OF PAYMENT
Payment for all Orders (including shipping charges) must be made by the Customer by credit card or such other method of payment directed by Akira Grateful on its website.
If paying by credit card or debit card, the Customer must provide their valid card details at the time of submitting the online Order.
If paying by cheque or money order (if permitted by Akira Grateful), the Customer must post the cheque or money order to the postal address specified by Akira Grateful.
The Customer acknowledges that the goods which are the subject of any Order will not be shipped to the Customer until all outstanding monies are received by Akira Grateful by cleared funds.
The Customer acknowledges and agrees that:
the goods which are the subject of any particular Order will be shipped by post to the address specified by the Customer at the time of submitting the Order;
any delivery timeframes published on the Akira Grateful website are estimates only; and
Akira Grateful is not liable for any loss, damage or delay occasioned to the Customer arising from late or non-delivery of the goods.
Akira Grateful is not responsible to the Customer or any person claiming through the Customer for any loss or damage to goods in transit caused by any event of any kind by any person (whether or not the Customer is legally responsible for the person who caused or contributed to that loss or damage).
Delivery time frame – Orders are dispatched within 2-3 working days and delivery will take a further 5-10 working days.
In the event that the Customer alleges that the delivered goods are not in accordance with the Order, and only to the extent that the goods are faulty, damaged or in packaging that has been opened prior to delivery, the Customer must notify Akira Grateful in writing within seven (7) days from the date of delivery. If the Customer does not give such notice then subject to the extent permitted by statute the goods shall be deemed to have been accepted by the Customer.
The Customer acknowledges and agrees that shipping charges are not refundable in the event that goods are returned.
To the extent permitted by law, Akira Grateful will not accept any returned goods unless they:
are accompanied by a copy of the relevant Tax Invoice or Order Number;
are returned to Akira Grateful in unused condition with all packaging, accessories, manuals and such other contents as were delivered with the goods; and
comply with any other requirements specified by Akira Grateful for the return of goods.
The Customer may not return any goods on the basis of change of mind.
WARRANTIES AND LIABILITY
The only obligations, conditions and warranties which are binding on Akira Grateful in respect of the state, quality or condition of the goods or services sold to the Customer, including any obligations of Akira Grateful in relation to defective goods, are those imposed and required to be binding by statute (including the Competition and Consumer Act 2010 (Cth)).
If the goods are not manufactured by Akira Grateful the guarantee or warranty of the manufacturer of those goods is accepted by the Customer and is the only guarantee given to the Customer in respect of the goods, to the extent permitted by law. Upon receiving a request from the Customer, Akira Grateful agrees to assign to the benefit of any warranty or entitlement to the goods that the manufacturer has granted to Akira Grateful under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
In the event that Akira Grateful is liable to the Customer in any way arising from providing goods or services under these Terms then, to the extent permitted by law, the limit of Akira Grateful’s liability will be an amount equal to the value of the Customer’s Order (excluding shipping costs).
Except as expressly provided herein, Akira Grateful shall not be liable to the Customer for any liability, (including liability in negligence) loss or damage of whatsoever nature, consequential or otherwise, howsoever suffered or incurred by the Customer, caused by or resulting directly or indirectly from the goods.
We only collect personal information which is necessary to assist us providing you with our services (“Personal Information”). This may include any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address and credit card information. It may also include login information, including, but not limited to, IP addresses, ISPs, and browser types, to help us analyse trends, administer our website and gather general demographic information about our customers.
We collect a range of Personal Information to provide you with our retail services, such as customizing the website to suit your preferences, making service offerings, fulfilling buying and selling requests, invoicing and delivering goods. We may also access your information to send you information about our business that we believe will be of interest to you.
In addition to our direct collection of Personal Information, our third party service vendors (such as credit card companies and banks) who may provide such services as payment processing and delivery services may collect this information from our customers. We do not control how these third parties use such information. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them.
Personal Information collected by us is securely stored and is not accessible to third parties except for use as indicated above.
You may opt out of receiving unsolicited information from us by responding to emails as instructed in those emails or by contacting us at [email address TBA].
Our website may contain links to other websites. Note that when you click on a link and are taken to another website, that website will not be connected to ours and will not be subject to this Privacy Statement. You should read the privacy statements of these linked sites as their statements will differ from ours.
We may need to use the services of third parties to provide our services to you, such as for delivery of goods. Accordingly, we will use and disclose your Personal Information to those parties on a need-to-know basis. We will also disclose Personal Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information.
Your Personal Information is stored electronically and in paper based records as appropriate. We protect your information by using commercially reasonable measures to secure our paper records and to secure our website. However, we cannot guarantee or warrant that our website, electronic communications and databases will not be subject to errors, tempering or break-ins (and we will not be liable to you if any such events take place).
If your personal circumstances or contact details change, or if you believe any of the Personal Information we hold is inaccurate, please let us know immediately and we will update our records accordingly. You can do so by contacting us at: [email address TBA].
You may request access to Personal Information that we hold about you. We will respond to your request in our discretion and in compliance with our legal duties and obligations. If we deny access, we will give you reasons why. If we grant access, we may charge you a reasonable fee for time and other costs we incur in providing you with that access.
If you have any queries on the information contained in this Privacy Statement, please contact us at [email address TBA].
The Customer shall not be entitled to withhold or set off payment of any amount due to Akira Grateful under these Terms whether in respect of any claim of the Customer in respect of faulty or defective goods or services or for any other reason which is contested or liability for which is not admitted by Akira Grateful.
Any delay in or failure by Akira Grateful to insist upon strict performance of any term, warranty or condition of these Terms shall not be deemed a waiver thereof or of any rights Akira Grateful may have and no express waiver shall be deemed a waiver of any subsequent breach of any term, warranty or condition.
If any provision of these Terms shall be determined by any statute or any court having jurisdiction in relation thereto to be illegal, invalid, void, voidable or unenforceable the legality validity or enforceability of the remainder of these Terms shall not be affected and the illegal, invalid, void, voidable or unenforceable provision shall be deemed deleted herefrom to the same extent and effect as if never incorporated herein but the remainder of these Terms shall continue in full force and effect.
These Terms shall survive any accepted repudiation or other termination of the contract to supply to goods or services existing between Akira Grateful and the Customer.
These Terms shall be governed and interpreted according to the laws of the State of Victoria, Australia, and the parties agree to submit to the non-exclusive jurisdiction of the courts of that State.