Term and Conditions

on 08 April 2011.

Terms and Conditions of Sales (via BuyArgyle.com)

  1. General
    This Agreement is a legally binding contract between the entity named on the invoice (the Customer) and Argyle Corkscrews Pty Ltd (ABN 51 000 718 810) (“ArgyleC”) TA BuyArgyle.com.
    ArgyleC agrees to supply the Customer goods and/or services subject to the terms and conditions set out in this Agreement. The Customer, in placing an order with ArgyleC for the goods specified in the listing, acknowledges agreement with these terms and conditions.
    All goods and services are supplied on these terms and conditions only. Previous dealing shall not vary or negate these terms and conditions in any respect.
    All sales shall be deemed made in the state of Queensland of Australia regardless of the location of the Customer. Any dispute with ArgyleC shall be brought by the Customer exclusively in the state or federal courts situated in the State of Queensland.
  2. Orders
    The Customer shall order goods from ArgyleC via BuyArgyle.com. Each listing will specify: the date of the purchase; the good(s) ordered and descriptions thereof; an estimated delivery date; price, tax and delivery and handling charge; and terms and conditions in addition to this Agreement.
    Please ensure that care is taken when ordering. ArgyleC’s terms are payment before delivery.
    To minimise errors and improve efficiency, the Customer is required to submit their details in relevant fields in the order confirmation page in ArgyleC’s on-line system.
  3. Payment
    Payment terms in respect of each order are strictly Cash Before Delivery (CBD) to ArgyleC by way of Paypal or EFT. Payment takes place at the time of order.
  4. Prices and Taxes
    All prices are in Australian dollars and are exclusive of GST unless otherwise stated. ArgyleC reserves the right to make adjustments to information or pricing with or without notice due to typographical errors, market fluctuations, manufacturers price changes etc that may occur at any time.
  5. Order Cancellations and Limitation of Liability
    The Customer may not alter, change of address inclusive, or cancel an order without ArgyleC’s prior written consent. Approved order alteration and cancellations shall be subjected to a service/restocking charge of up to 10% of the purchase price or A$25 whichever is higher to indemnify ArgyleC against any loss, damage and expense incurred in relation to the alteration or cancellation of that order. Orders cannot be altered or cancelled once goods have been dispatched. ArgyleC shall not be liable in any way for any loss or damage (including loss of trade or profit and economic loss) incurring to the Customer in the event that delivery or supply of the goods or services ordered is frustrated or delayed by any circumstances beyond the reasonable control of ArgyleC. Under such circumstances, ArgyleC shall be entitled at its option to either extend the time for delivery until a reasonable period after such cause has ceased or to terminate the sale and in neither case shall the Customer have any claim for loss or damage against ArgyleC.
    ArgyleC shall be entitled to cancel or suspend an order for goods or services, without liability to the Customer, by giving the Customer notice in writing.
  6. Warranty
    ArgyleC warrants that the new product(s) the Customer purchased is free from manufacturing defects in material and workmanship when dispatched from ArgyleC’s warehouse for the period of 12 months from date of purchase.
    The invoice is the proof of purchase and the warranty period commences as of the date on the invoice. This warranty extends only to the original purchaser and is non-transferable except with the express prior consent of ArgyleC in writing. No warranty claim will be accepted without a proof of purchase
    For all ArgyleC repair/replacement warranty, a Return Authorization (R.A.) number must be obtained from ArgyleC in the event that goods are to be returned for warranty. Before initiating a warranty service, we suggest the customer prepare the product name or model number in order to reduce the process time; Customer will be required to provide proof of purchase.
    ArgyleC will provide repair, replacement or refund for a defective product. During the warranty period ArgyleC will, provide refund, or at no additional charge and subject to the terms herein, repair, or at its option replace, any of the goods which in its opinion are defective because of faulty materials or workmanship with new or serviceable parts that are equivalent to new parts in performance. Were the same item is unavailable ArgyleC reserves the right to substitute with a similar item. All replaced or exchanged parts which are removed under this warranty will become the property of ArgyleC.
    Customer will be provided with Post Office Reply Paid Service details for the case of Major Faulty and wrong despatch. It is at ArgyleC’s sole discretion to select a postage method.
    All items must be returned to ArgyleC within 10 days from the release of the R.A. number.
    This warranty or a claim made under it may be refused if the defect claimed has arisen for reasons other than faulty or defective parts or workmanship. Circumstances in which a warranty claim may be invalidated include, but are not limited to, the following:
    a)      The product is damaged by accident; misuse or abuse, including failure to properly maintain or service; normal wear and tear; incomplete or improper installation; incorrect, improper or inappropriate operation; insect or vermin infestation;
    b)      The product is modified without ArgyleC’s written authorization;
    c)       The product’s serial number or warranty seal has been removed or defaced;
    d)      The product was serviced or repaired by non-ArgyleC technicians;
     
    Compatibility and change of mind are not included in this warranty; no refund will be given for non-compatible products (except otherwise stated in the listing as compatible) or where the Customer changes their mind.
  7. Delivery
    Where the contract specifies the means by which goods are to be transported, ArgyleC retains the right to choose the means of transport, the cost of which will be included in postage and handling charges. Unless otherwise agreed by ArgyleC and the Customer in writing, delivery of the goods will be made to the Customer’s nominated address. For orders within Australia that include any items made of glass, ArgyleC will always use a courier service that offers a Fragile Servie and not Australia Post who does not offer a Fragile Service. 
    All Australian orders should include a daytime delivery address and contact details. Large orders and bulky items are unable to be delivered to Post Office (PO) Box numbers.
    International orders are traceable to the point where they have left Australia. The deliveries of these orders are subsequently reliant on overseas postal services. ArgyleC will provide as much assistance as possible in tracing misdirected items but cannot be responsible for items lost by overseas postal services.
    All international orders the order may be subject to local Customs duties and/or local taxes in the country of destination. It is the Customer’s responsibility to check with their local authority to ascertain applicable rates. Any additional charge must be borne solely by the Customer.
    Delivery period is specified on the auction page. All quoted delivery or consignment dates are estimates only. ArgyleC is not obliged to meet such dates and will not be liable to the Customer by reason of delays caused by any reason whatsoever.
    If the Customer fails or refuses to take delivery of the goods, the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by ArgyleC as a result thereof, including all storage and handling costs and ArgyleC, at its discretion, may charge a restocking fee. Goods will be resent at the Customer’s own cost.
    If the Customer requests ArgyleC to postpone delivery of the goods beyond the delivery date specified in the quote and/or the invoice, ArgyleC may agree to do so and charge the Customer an additional fee for direct costs of postponement and storage.
    ArgyleC is deemed to have delivered the goods when the goods are actually delivered to the delivery point nominated by the Customer, or where delivery to the delivery point is not made to reasons which are the responsibility of the Customer (e.g. where courier left delivery card at the Customer’s mailbox), the date when delivery would have been effected.
    Any claim for shortage in supply or damage to the goods ordered must be notified to ArgyleC within a reasonable period of receiving the goods.
  8. Freight and Handling
    ArgyleC shall ensure each order is safely and securely packed for transportation to the Customer having regards to: the fragility of the goods; the distance the goods are likely to travel; and the method of transportation used to transport the goods.
    Freight charges are calculated on the basis of weight, location of delivery and insurance charges which vary depending on the value of the product. All freight charges are the responsibility of the customer which are included in the postage and handling charges. The goods shall be at the customers’ risk from the date of despatch. ArgyleC is not responsible for any loss or damage:
    a)      To the goods during loading and unloading of the goods by the carrier or the Customer, whilst the goods are in transit;
    b)      Suffered by the Customer due to a delay in delivery of the goods by ArgyleC’s nominated carrier.
    Freight insurance for loss and damage to the goods during loading/unloading and whilst in transit or otherwise is inclusive in the delivery and handling charges. ArgyleC shall at the Customer’s request provide the Customer with copies of all documents evidencing proof of collection by the nominated carrier.
  9. Promotional Offer
    All promotions in our website have a limited time period and stock level.  Each promotion is deemed to be over whichever finishes first.
  10. Disclaimer
    Considerable care has been taken in the preparation of all materials to ensure that errors and omissions are limited. Even with the greatest care inaccuracies do occur and ArgyleC is therefore not responsible for such errors or omissions. All information provided on this site is subject to change without notice. Photographs and graphics are used for representational purposes only and may not be the exact product or configuration as described. ArgyleC disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. The Customer assumes total responsibility for their use of ArgyleC’s materials. The Customer’s sole remedy against ArgyleC for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation or relief is a part of the bargain between the parties.
    The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
    ArgyleC reserves the right, at its sole discretion, to do any of the following at any time:
    (a)     To change, modify, add or remove portions of these terms and conditions, at any time;
    (b)     To modify, suspend or terminate operation of or access to the site or part thereof for any reason;
    (c)     To modify or change the site or part thereof and any applicable policies or terms; and
    (d)     To interrupt the operation of the site, or any portion of the site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
    It is the Customer’s responsibility to check these terms and conditions periodically for changes. Continued use of ArgyleC’s website and orders of goods following the posting of changes will mean that the Customer accepts and agrees to the changes.
  11. Governing Law
    These terms and conditions are in addition to and do not replace any terms, conditions, and warranties implied by federal and state laws of Queensland.

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