Terms and conditions

Terms of Use Agreement

Please read these terms and Conditions (“Terms and Conditions”) carefully before using the www.giftsmadeeazy.com.au website (“the service”) operated by Eazy Azz Pty Ltd (“us, we, our”).  Your use of this site indicates your acceptance of these terms and conditions.  Your placement of an order indicates your acceptance of these terms and conditions.  Your submittal of any purchase order to giftsmadeeazy.com.au indicates acceptance of these terms and conditions.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.  These Terms apply to all visitors, users and others who access or use the Service.  You warrant that you are at least 18-years old and you are legally capable of entering into binding contracts.  If you are under 18-years old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

By accessing or using the Service you agree to be bound by these Terms.  If you disagree with any part of the Terms then you may not access the service.

Order Acceptance Policy

If you wish to purchase and product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (I) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information to third parties for purposes of facilitating the completion of purchases.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order for any reason.

We reserve the right to refuse any order without giving reason.  Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided.  All received monies will be refunded using the method received.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

The service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services.  We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the service.

All orders must be of a minimum value of $250 (+ GST) each time an order is placed on www.giftsmadeeazy.com.au

Orders under $250 (+ GST) will be not be processed through the online system.

Accounts & Payment

When you create an account with us, you must provide us information that is accurate, complete and current at all times.  Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account or service.

You are responsible for safe guarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our service or a third-party service.

You agree not to disclose your password to any third party.  You agree to be fully responsible for activities that relate to your account or your password.  You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You must not use a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

All orders on approved accounts must be paid within 30 days of invoiced end of month.

Where payment in full is not received by the supplier prior to the expiry of the payment period then the applicant may be liable to pay interest on the amount outstanding as at the expiry of the payment period at the rate of 1% per month until payment is received by the supplier.  The supplier is hereby irrevocably authorised to allocate the payment of any monies received from time to time from the applicant towards any outstanding account incurred with the supplier by the applicant.

Delivery

For orders over $250 (+ GST), there is free freight for deliveries within the following area designated by Eazy Azz Pty Ltd:

– from Quinns Rocks in the north to Bunbury in the south;

– as far north-east as Ellenbrook; and

– as far east as Mundaring.

For deliveries outside this area, please contact Eazy Azz Pty Ltd to make delivery and payment arrangements from our warehouse in Mandurah. If Eazy Azz Pty Ltd is requested to arrange deliver, freight costs must be paid by the purchaser before the release of any order. Alternatively, the purchaser can arrange freight pick up from the Eazy Azz Pty Ltd warehouse in Mandurah, Western Australia.

The purchaser must report to Eazy Azz Pty Ltd any damaged goods they have received from us within two (2) business days of receipt of those goods.

Intellectual Property

The service and its original content, features and functionality are and will remain the exclusive property of Eazy Azz Pty Ltd and its licensors.  Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.  This site is owned and operated by Eazy Azz Pty Ltd.  Unless otherwise specified all materials appearing on this site, including text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Eazy Azz Pty Ltd.

All rights not expressly granted herein are reserved.

Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Liability

Our service may contain links to third-party web sites or services that are not owned or controlled by Eazy Azz Pty Ltd.  www.giftsmadeeazy.com.au  is not liable for any losses or damages caused by this website or any website linked to or from this website.

Eazy Azz Pty Ltd has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.  You further acknowledge and agree that Eazy Azz Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites.  You acknowledge and agree that when you access other websites on the internet, you do so at your own risk.

We strongly advise you to read the Terms and Conditions and Privacy policies of any third-party web sites and services that you visit.

Limitation of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Order Cancellations

If notified before goods have been dispatched, giftsmadeeazy.com.au reserves the right to refuse order cancellation or charge a cancellation fee should we be able to request the return of the package from our delivery service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Western Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.  These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our discretion, to modify or replace these Terms at any time.  If a revision is material, we will try to provide at least 15 days notice prior to any terms taking effect.

It is your sole responsibility to periodically check these Terms for any change.  If you do not agree with any of the changes to these Terms, it is your responsibility to stop using the Service.

Your continued use of the service will be deemed as your acceptance thereof.

Disclaimer

Your use of the service is at your sole risk.  The service is provided on an “AS AVAILABLE” basis.  The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied

warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Eazy Azz Pty Ltd and its subsidiaries, affiliates, and its licensors do not warrant that (a) the service will function uninterrupted secure or available at any particular time or location (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose.  Any reliance you place on such information is therefore strictly at your own risk.  We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free.  We are not liable for the consequences of any interruptions or error in the Service.