1. About the Websites
Conserv Pty Ltd, trading as Arid Zone are the official merchandise partner, and therefor act on behalf of Breast Cancer Network Australia.
2. Australian websites
The Websites may be accessed throughout Australia and overseas. Arid Zone makes no representation that the Content on the Websites complies with the laws of any country outside Australia. If you access the Websites from outside Australia, you are responsible for ensuring that that your access to, downloading of, use of or reliance on the Content contained in the Websites is in compliance with all laws in the place in which you are located.
References to currency are in Australian dollars unless otherwise specified.
3. Information available at the Website
The Websites provide information about BCNA merchandise.
In addition, the Websites may from time to time contain or make available various message services, email lists, mailout or newsletter services, social networking facilities, blogs, forums, or other tools and facilities which may be of use to you. Whilst Arid Zone has made every effort to ensure that any such features are accurate and free from defect, Arid Zone does not warrant the accuracy, correctness or completeness of these features, which are provided on an “as is” basis.
4. User conduct
You are responsible for all of your activity in connection with accessing the Websites. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Websites. You may not, without our consent, post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal information or research participation from any Website user. The Websites are provided for personal, non-commercial use only unless we agree with you otherwise.
Content relating to goods available for ordering may be based on information provided by third parties such as the suppliers of those goods. While we aim to ensure that information is kept current and correct, there may be some instances where goods ordered differ in a minor degree from their descriptions. Any graphics, photos, or illustrations used in relation to goods available for ordering on the Websites may not be fully representative of the goods described and should be used as a guide only.
By placing any order for goods in the manner described on a Website, you make an offer to purchase the goods for the price specified on that Website at the time you place the order (Offer). We may, in our sole and absolute discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the goods, an error in the price or the goods description posted on the Website, or an error in your Offer. We do not accept orders on the Websites for delivery outside mainland Australia or Tasmania. Please contact us directly if you wish to place an international order.
Cancellations of orders for goods are accepted only if your order has not been dispatched. Please contact us if you wish to cancel your order.
Prices for goods displayed on the Websites may change at any time at our sole discretion. You must pay to us the price for the goods that is displayed on the Website at the time you place an order, plus any applicable delivery and handling charges. Payment must be made with your order.
Title to the goods shall pass to you on the physical delivery of the goods to the address identified by you in your order. Risk of loss or damage to the goods shall pass to you when the goods are passed from us to our delivery provider for delivery to you. We do not insure orders, so we recommend that you nominate a secure delivery address.
Any delivery period stated on the Websites is an indication only of the anticipated period for delivery of the goods, and does not form part of the agreement for sale of the goods. We may contact you if we anticipate any issues delivering your goods within a reasonable time.
If you change your mind about an item you have purchased, and wish to exchange it for something else, please contact us. If we agree, you may return the item to Arid Zone within 14 days of receiving it, where it is in saleable condition with tags, receipt and original packaging. Delivery charges will be at your expense.
Arid Zone will not accept returns where you have caused the goods to become unmerchantable or failed to take reasonable steps to prevent the product becoming unmerchantable or the product has become damaged by abnormal use.
6. Availability of the Website
As electronic services are subject to interruption or breakdown, access to the Websites are offered on an “as is” and “as available” basis. Arid Zone may withdraw the Websites at any time and without notice to you.
7. Links to other websites
The Websites may contain links to third party websites. Arid Zone does not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, Arid Zone makes no warranties or representations:
(a) regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services; or
(b) that material on linked websites does not infringe the intellectual property rights of any person. By linking to those websites, Arid Zone is not authorising the reproduction of material on linked websites.
8. Termination and suspension
While we have made every effort to ensure that the Content is free from error, Arid Zone does not guarantee or warrant the accuracy, adequacy or completeness of Content on the Websites. All Content is provided on an “as is” basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content is subject to change without notice. Arid Zone does not warrant that the Websites or any linked websites will be free from viruses or defects.
10. Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, Arid Zone, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on the Websites, to any material on linked websites, or to access or use of the Websites by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, under consumer protection laws in Australia, our liability for any breach of a condition or warranty that is implied by law and cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our election):
resupplying goods or services to you or supplying equivalent goods;
repairing the goods; or
paying the cost of having the goods or services resupplied or goods repaired.
Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Trade Practices Act or any other legislation which may not be excluded, restricted or modified by agreement.
12. Copyright and trade marks
Trade marks used on the Websites are owned by BCNA or third parties. You must not use any trade marks used on the Websites without the consent of the trade mark owner.
The law applicable to the Websites and to disputes arising out of the Websites is the law of the State of Victoria, Australia.