Terms & conditions
Orders
Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. Club Hart Australia Pty. Ltd. reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. Your contract with Club Hart Australia Pty. Ltd. only comes into existence when it forwards confirmation of receipt of your order and payment.
Prices
Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.
Goods and Services ("GST") and Other Taxes
Prices displayed on this website are inclusive of GST applied at the rate of 10%. If the delivery address is outside Australia, the GST component of each price will be deducted after we receive your order. We will send an email confirming the order amount after deduction of the GST component.
You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.
Delivery
Please read the Delivery Information contained in the website. The delivery times are indicative only and Club Hart Australia Pty. Ltd. will not be liable for any failure to observe these delivery times.
Risk and Title
Club Hart Australia Pty. Ltd. will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service. You should consider whether to obtain any suitable insurance.
Refunds
The circumstance in which Club Hart Australia Pty. Ltd. is obliged to make a Refund is detailed in its Refunds Policy.
Limitation of liability
Club Hart Australia Pty. Ltd. will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Club Hart Australia Pty. Ltd. has been advised of the possibility of such damages.
Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Club Hart Australia Pty. Ltd. for any breach of such term, condition or warranty shall be limited, at the option of Club Hart Australia Pty. Ltd., to any one or more of the following:
1. if the breach relates to goods:
a. the replacement of the goods or supply of equivalent goods;
b. the repair of such goods;
c. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
d. the payment of the cost of having the goods repaired; and
2. if the breach to relates to services:
a. the supplying of the services again; or
b. the payment of the cost of having the services supplied again.
