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Terms & Conditions
Introduction
Welcome to cowtrees.com and thank you for shopping with us.
Please accept our apology in advance for the "legalese" but we have
to put all of this here to ensure that we both understand our rights and
obligations.
These Terms and Conditions govern the use of cowtrees.com ("the
website") and the purchase of any goods from it. The website is owned and
operated by Divisible by Zero Pty Ltd (ABN 95 082 668 862). Should you have any
questions, please contact cowtrees.com on 03 9388 8997 prior to ordering
from this website.
Acknowledgment and acceptance of Terms and Conditions
Please note that by accessing, using or browsing this website you agree
to be bound by its terms, conditions, disclaimers and limitations of liability
("Terms and Conditions"). cowtrees.com reserves the right to amend or
update such terms, conditions, disclaimers and limitations of liability at any
time without providing notice to you. By using the website, you acknowledge that
you have read and understood these Terms and Conditions.
Limitation of Liability
Any liability of cowtrees.com or cowtrees.com's Associates in connection with
goods or services supplied to you will, subject to any non-excludable liability
for breach of conditions or warranties implied by legislation and to the maximum
extent permitted by law, at the election of cowtrees.com be limited to:
1. in relation to goods, the replacement or repair of the goods, the supply of
equivalent goods, the payment of the cost of replacing or repairing the goods or
the payment of the cost of obtaining equivalent goods; and
2. in relation to services, the supplying of the services again or the payment
of the cost of having the services supplied again.
Disclaimer
The information contained on the website is provided by cowtrees.com in
good faith. To the best of cowtrees.com's knowledge, the information is accurate
and current. However, cowtrees.com and its related bodies corporate, any of
their directors, officers, employees, consultants or shareholders ("cowtrees.com's
Associates") do not make any representation or warranty as to the accuracy
or completeness of the information.
To the fullest extent permitted by applicable law, cowtrees.com disclaims all
representations and warranties, express or implied, including but not limited to
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. cowtrees.com makes no warranty that this website, any
information or ideas contained on this website or any products or services will
meet your requirements.
You expressly acknowledge and agree that cowtrees.com does not control other
users of this website, the providers of information or ideas to this website or
the suppliers of goods and services purchased from this website, and
cowtrees.com is therefore not liable for their opinions or their behaviour,
including any information or advice provided by them or any defamatory
statements made by them or any offensive conduct on their part.
You further acknowledge and agree that, subject to the section dealing with
"Limitation of Liability", cowtrees.com will not be liable to you or
any other person for any direct, indirect, incidental, special, consequential or
exemplary damages, including but not limited to damages for product liability,
personal injury or negligence resulting from use of goods or services supplied
to you, or on behalf of you, through the website.
Copyright
Copyright in the cowtrees.com website is property of cowtrees.com. Material on
this website also comprises copyright material, trademarks and registered
trademarks which are the property of cowtrees.com and third parties. This
property may only be used for the purposes of browsing the cowtrees.com website
and acquiring goods and services of cowtrees.com.
Applicable Law
These Terms and Conditions are governed by the laws in force in Victoria,
Australia and you irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the courts of Victoria, Australia and any courts, which may hear
appeals from those courts.
Information Provided by You
If you purchase goods and services from cowtrees.com or create a
membership account with us, we may require you to provide your name, address,
email address, credit card number or other details ("customer
information"). We may subsequently require further details to enable the
processing of any orders that you make. You agree to provide cowtrees.com with
current, complete and accurate customer information when asked to do so by the
website or an employee of cowtrees.com.
Virus Warning
All care is taken to ensure that cowtrees.com websites and data transmissions
are free from viruses. However, it is your responsibility to scan any such data
for viruses.
Links on the cowtrees site
Links on cowtrees sites may take you outside the cowtrees network,
and cowtrees accepts no responsibility for the content, accuracy or
function of these sites; the links are provided in good faith, and we
cannot be held responsible for any subsequent change within sites to
which we link.
Privacy
We treat all customer information in accordance with our Privacy &
Security Policy.
Our Privacy
& Security Policy constitutes part of these Terms and Conditions and may
be viewed here.
Membership
As a cowtrees.com member, you are responsible for maintaining the
confidentiality of your own membership account and password. You agree to take
responsibility for all activities that occur under your membership account and
password.
Product Information
Prices of goods and services and delivery and other charges displayed
on the cowtrees.com website are current at the time of display. These prices are
subject to variation without notice.
We will always attempt to be as accurate as possible with our product
descriptions and pricing. However, we are unable to warrant that product
descriptions or other content of the website is accurate, complete, reliable,
current or error free.
Placing and Accepting Orders
Orders will not be despatched until payment in full has been received and
cowtrees.com is satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein,
cowtrees.com is not responsible for any loss or damage caused by late delivery
or cancellation of an order or a product.
Placement of an order by you constitutes an offer to enter into an agreement
with us ("your offer"). We will email you an Order Confirmation for
the sole purpose of confirming the details of your offer. Please note that our
Order Confirmation does not constitute an acceptance of your offer or reflect
the status of your order in any way.
Occasionally an error may occur with our web site and goods may be incorrectly
priced or an error may occur in the calculation of the final amount due,
in which circumstances we will not be obliged to supply the goods at the incorrect price.
Payments
cowtrees.com processes credit card payments in Australian dollars (A$). If goods
are priced in a currency other than Australian dollars, we will convert the
amount to Australian dollars. For this we will use the appropriate A$ currency
sell rate listed by the Commonwealth Bank of Australia on the day of
purchase. If your credit card operates in a currency other than Australian
dollars, your credit card service provider will undertake a currency conversion
from Australian dollars at a rate governed by your agreement with that provider.
This rate may be different to that rate used by cowtrees.com. Your credit card
service provider may also charge you additional fees.
You should understand these fees and charges before entering into a purchase
agreement with cowtrees.com. cowtrees.com will make best efforts to enable you
to understand the approximate cost of the goods or services ordered in your
local currency, but cannot be held responsible if your credit card service
provider uses an exchange that differs from the one used by cowtrees.com to
provide this estimate. The currency calculator we suggest is - XE.com
Personal Currency Assistant.
Cancellation by Us
We reserve the right not to provide goods or services, terminate
membership accounts, remove or edit content or cancel orders (or part thereof)
at our sole discretion at any time. Without limiting the operation of any other
Terms and Conditions herein, we will not be held liable for loss or damage
arising from the exercising of these rights.
Cancellation by You
If you need to cancel an order, please contact us immediately on 03 9388 8997.
Our agreement with you only comes into existence once we have both confirmed
your order and your payment has been processed. Once we have accepted payment
for an order, cancellation of the order is within our sole discretion.
Orders that cannot be cancelled will be subject to our terms, conditions and
policies relating to Returns and Exchanges.
Delivery
It is your obligation to enter the correct delivery address details at the time
of ordering. Should you enter the wrong address, we are not obliged to re-send
the order to the correct address at our expense.
We will provide you with an estimated date for delivery of all parcels. While
we make every effort to deliver by this time, all dates specified are estimates
only.
It is the responsibility of the customer to inform cowtrees.com if an order
does not arrive. Once we learn an order has not arrived by the due date, we will
lodge enquiries with the carrier to ensure delivery occurs as soon as possible.
We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not dispatch a
replacement item immediately. Replacement items will be dispatched according to
our discretion.
As a guide only, our carriers attempt to deliver to business addresses
between 9am and 5pm, and to home addresses up until 6pm. Unfortunately, we are
unable give a guaranteed time of delivery.
You agree that when our carrier partner is satisfied that the order has been
delivered, delivery of the order has taken place within the terms of the
agreement between you and us.
Without limiting the operation of any other Terms and Conditions herein, we
will not accept liability for any loss or damage arising from a late delivery.
Without limiting the operation of any other Terms and Conditions herein, you
agree that late delivery does not constitute a failure of our agreement, and
does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein, we
will not accept liability for any loss or damage arising from items lost, stolen
or damaged after delivery has taken place.
Returns and Exchanges
You or the recipient of an order may return an item that has been purchased from
cowtrees.com if the goods are faulty or you believe the goods do not adequately
match the description of the goods contained at our web site at the time of
ordering.
If you return goods via an agent, such as the Post Office or courier, please
keep the appropriate proof of return. Otherwise, if the returned item goes
missing in transit to us, we will deem you not to have returned the item.
It is your responsibility to ensure the goods are adequately packaged to ensure
that they are not damaged during return transit. We will not issue a return or
exchange unless the product/s are in a saleable condition upon return.
All returned products must be:
1. Unused, unopened and in original condition
2. Undamaged
3. Returned within 7 days of delivery
In the event of a return by you, we will exchange or refund in the form of a
cowtrees.com credit for subsequent use. However, you will pay the delivery costs
of the return to cowtrees.com and re-delivery to you. We will not refund initial
delivery fees or other fees.
Goods Damaged or Faulty on Delivery
You may return damaged or faulty goods within 14 days of receipt. If a product
is later deemed to be faulty, normal warranty conditions for that product apply.
It is the recipient's responsibility to incur all costs and to follow warranty
instructions as stated on the product warranty card as specified by the
manufacturer.
In the event that you receive a defective or damaged product, we will refund
the original product price, delivery and other fees via the original method of
payment. Alternatively, if you request a replacement, we will despatch your
replacement item (subject to availability) once we receive the return, at our
cost.
Please note that all products that are found to be non-defective will incur
the delivery costs of returning the item to cowtrees.com.
Disputes
If we are unable to reach agreement on how a particular matter should be
resolved, you are encouraged to contact your local Fair Trading agency for an
independent opinion. In Victoria, this is the Department
of Business & Consumer Affairs.
Promotions and Competitions
Other Terms and Conditions not listed herein and applying to cowtrees.com
promotions and competitions are incorporated into these terms and conditions.
Unless expressly stated, to the extent that the other Terms and Conditions are
not incompatible with the Terms and Conditions herein, the other Terms and
Conditions will be in addition to the terms & conditions herein. To the
extent that the other Terms and Conditions are incompatible with the Terms and
Conditions herein, the other Terms and Conditions shall prevail.
Should you object to any of these Terms and Conditions (including any
subsequent amendments), you must immediately discontinue using this website.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the
future against Divisible by Zero Pty Ltd and cowtrees.com's Associates which
relate to or are incidental to any transaction.
You agree to indemnify and hold cowtrees.com harmless from and against any
and all claims, loss or expense that may be incurred by cowtrees.com or
cowtrees.com's Associates which relate to or are incidental to the performance
of its duties as described in these Terms and Conditions including all costs of
defending itself against a claim by any other person and/or as a result of you
taking any action or refraining from taking any action or instituting or
defending any action or legal proceeding.
You further agree to indemnify and hold cowtrees.com and cowtrees.com's
Associates harmless from any claim made by any third party due to or arising out
of your use of this website, the violation of these Terms and Conditions by you,
or the infringement by you, or other users of this website using your membership
account, of any intellectual property or other right of any person or entity.
Our Privacy & Security Policy forms part of these General Terms and
Conditions, and may be viewed here.
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