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Terms of Use

 

Website Terms Of Use

 

If you do not agree to the Terms of Use, discontinue using the site immediately!

 

By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site.

 

Restrictions on Use of Materials

 

Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by Australian and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of yourscarfs.com or of other owners used with their permission.

 

Changes to Products

 

We and any other persons involved in the management of this website may make changes in the products described, and to other content of this website, at any time without notice. We make every effort to ensure that product descriptions on our website are accurate. However some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified. All depictions contained on the website are for illustration purposes only. Because of differences in picture inks, computer monitors and printer ink, colours of the actual product may vary slightly from those observed.

 

Product Prices

 

The price displayed for products on this website represents the full price, including GST, for the product itself but does not include postage/delivery charges which will depend on the destination. We always seek to provide products at the most competitive prices, and reserve the right to change prices displayed for products on our website at any time.

 

Payment

 

We accept payment through direct deposit or Stripe and PayPal (for online sales) and cash or credit/debit card (for showroom sales). We process Stripe and PayPal payments when you checkout from the product order screen. Payment will not be processed until we have received all relevant information required for processing to be completed. The processing of payment for Orders placed on a weekend or a Public holiday will not begin until the next working day.

 

Delivery

 

You will be provided with an estimated delivery time when you checkout from placing your order. The estimated delivery times are in working days Monday to Friday excluding public holidays. Normal delivery is within 2 to 14 working days from the date of payment of your order. We will make every effort to deliver your product within the estimated delivery time but the actual delivery times may change due to changes in supply or circumstances beyond our control.

 

Passing of Property

 

Property in the product passes to you upon receipt of the product by you.

 

Warranties

 

Statutory Conditions and Warranties

 

yourscarfs.com provides a voluntary warranty and applies the Conditions and Warranties required by law.

 

For all products sold yourscarfs.com provide conditions and warranties contained in the Trade Practices Act 1974.

 

Where the thirty (30) day change-of-mind period has elapsed and the conditions provide that unless the product has defects which yourscarfs.com specifically bring to your attention before the sale, the product is of merchantable quality—that is:

 

The product is free from manufacturing defects and faults and reaches a basic level of quality given the price of the product and any description that is provided with the product;

  • The product is fit for the purpose or job for which it is normally supplied or to which yourscarfs.com agreed before the sale.
  • The product matches any description provided on our website or on labelling or packaging (See “Changes to Product”); and
  • You receive clear title to the product.

 

The warranties provide that the product is clear of finance or encumbrances; and you will have free title to the product. If the product does not fulfil any of these conditions or warranties then, provided the claim is made within a reasonable period after the sale, you may be entitled, at your discretion, to a refund, replacement of the product or to have it repaired. A reasonable period depends on the circumstances of each sale including but not limited to the nature, quality and price of the product. Any refund agreed to may be less than the purchase price depending on any use or consumption of the product which has occurred or any contribution that use by you has made to the cause of the claim. Customer Service will consider each claim on its merits on a case by case basis and, if required, will negotiate a solution that is acceptable to yourscarfs.com and you including any costs involved. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at www.accc.gov.au/content/index.phtml/itemId/322947.

 

Exceptions

 

yourscarfs.com do not provide a refund, credit or exchange if:

 

You have damaged the product by using it in a way it was not meant to be used.

  • You have had a defect drawn to your attention before you purchased the product, for example, when products are clearly labelled as seconds or faulty,
  • The thirty (30) day change-of-mind period has elapsed and the product matches the description provided on our website and is free from manufacturing defects or faults.

 

Database Ownership, License, and Use

 

yourscarfs.com warrants, and you accept, that yourscarfs.com is the owner of the copyright of the Databases of Links to articles and resources available from time to time through www.yourscarfs.com. yourscarfs.com and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.

 

yourscarfs.com grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.

 

You agree to use information obtained from yourscarfs.com's databases only for your own private use, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

 

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

 

Liability

 

The materials in this site are provided "as is" and without warranties of any kind either express or implied. yourscarfs.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. yourscarfs.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. yourscarfs.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not yourscarfs.com assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 

Under no circumstances, including, but not limited to, negligence, shall yourscarfs.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if yourscarfs.com or a yourscarfs.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall yourscarfs.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

 

Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to yourscarfs.com and such information should not be relied upon as all-inclusive or accurate.

 

Links and Marks

 

The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of yourscarfs.com and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by yourscarfs.com or its subsidiaries and affiliates.

 

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of yourscarfs.com or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

 

Confidentiality of Codes, Passwords and Information

 

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from yourscarfs.com, and all information to which you have access through password-protected areas of yourscarfs.com's websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

 

Other Legal Stuff

 

If you use our site from locations outside of Australia, you are responsible for compliance with any applicable local laws.

 

These Terms of Use will apply to every access to www.yourscarfs.com. yourscarfs.com reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from yourscarfs.com will be a separate, discrete transaction based on the then prevailing terms.

 

This Terms of Use and the license granted may not be assigned or sublet by You without yourscarfs.com's written consent in advance.

 

To the extent you have in any manner violated or threatened to violate yourscarfs.com and/or its affiliates' intellectual property rights, yourscarfs.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Victoria, Australia, and you consent to exclusive jurisdiction and venue in such courts.

 

Any other disputes will be resolved as follows:

 

The laws of the State of Victoria, Australia shall apply and shall be the jurisdiction for any dispute but the parties to any dispute will first always submit any dispute to mediation.

 

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

 

Termination

 

These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all www.yourscarfs.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at yourscarfs.com's sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other www.yourscarfs.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

 

The application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, is expressly excluded.

 


 

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