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Terms and Conditions
Welcome to the Authentics Online website. This website is provided as a service to our customers and is owned and operated by Authentics Australia Pty Ltd.
The following rules and regulations apply to all visitors or users of the Authentics Online website. By using this website, you agree to be bound by these rules and regulations. We reserve the right to update or modify these Terms and Conditions at any time, without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you use this website. If you do not agree to these terms, please do not use the Authentics Online website.
The products on this website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts. By making an on-line purchase, you accept these Terms and Conditions and acknowledge that you are over the age of eighteen (18) years.
If you require further assistance please contact our Customer Services team on +61 3 8878 3020 between 9am – 5pm AEST Monday to Friday (excluding public holidays), or email sales@authentics.com.au
Product Orders
Any order placed by you through the Authentics Online website is an offer by you to purchase a particular product(s) for the price (including the delivery and other charges and taxes) where applicable specified on this website at the time you place your order. We reserve 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. The rejection of any offer is at the sole discretion of Authentics Online. Your contract only comes into existence when you are forwarded a confirmation of receipt of your order and payment. If we do not have the goods you order in stock, you will be offered an alternative before we despatch your order. If this occurs you may accept the alternatives we offer, cancel your order or leave the order valid, but tell us to omit the out-of-stock item/s. If your credit card has already been charged for an order that is subsequently cancelled, Authentics Online shall issue a credit to your credit card account.
Price and Payment
All prices displayed on the website, including but not limited to prices of products and services and delivery and other charges, are quoted in Australian Dollars and are current at the time of issue, but may change at any time without notice and are subject to availability. Any changes to prices displayed on the website are at the sole discretion of Authentics Online. Prices displayed on this website are inclusive of Goods and Services Tax (GST) applied at the rate of 10%.
You are responsible for the payment of any and all taxes, duties and charges or any liabilities imposed by any government agency, government taxation agency or other government body, including without limitation, any customs duty, and additional GST payable or any value added tax imposed on any products or services acquired or ordered by you from this website. You will also be liable for any transport or delivery costs incurred as a result of delivering your order to you. We shall advise you of such transport or delivery when an order is placed and/or before it is dispatched to you.
You must pay us the full price of your order before we will despatch any part of it.
Limitation of Liability
Authentics Online shall not be liable for any damages suffered as a result of accessing, using, printing, copying or downloading the website.
To the extent that Authentics Online are able to limit the remedies available under the Terms, and subject to any other condition of the Terms, Authentics Online expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Authentics Online’s sole discretion):
(i) in the case of goods, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
(ii) in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
In no event shall Authentics Online be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the goods or services or the website or these Terms. The customer or user agrees to accept sole responsibility for the legality of the customer or user’s actions under the laws which apply to the customer or user and any transaction conducted directly or indirectly or in any way connected with the website or the goods or services. The customer and user agrees that Authentics Online has no responsibility for the legality of any other customer or user’s actions or inactions.
Notwithstanding the above provisions, nothing in the Terms is intended to limit or exclude any liability on the part of Authentics Online where and to the extent that applicable law prohibits such exclusion or limitation.
Authentics Online further does not warrant the accuracy, suitability or completeness of the information, text, graphics, links or other items contained within the website.
You are solely responsible for adequate protection and backup of your data and/or equipment used in connection with the website and will not make and hereby waive any claim against Authentics Online for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the website.
No liability whatsoever (except as provided by law) will be accepted by Authentics Online for any direct or indirect loss or damage relating to delivery of products or the performance of products purchased through the website unless the same occurs because of the wilful act or default or negligence of Authentics Online, its employees, agents or contractors in which case liability is limited to Authentics Online’s discretion to the replacement of products or the payment of the cost of having the products resupplied.
Disclaimer and Indemnity
You agree that your access to, and use of this website is subject to these Terms and Conditions and all applicable laws, and is at your own risk. While the information and material contained on the website is believed to be accurate and current, it is provided by Authentics Online in good faith on an “as is” basis. Authentics Online accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the website. Any reference to products or services on this website is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Authentics Online. Authentics Online expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non infringement of intellectual property rights relating to information or materials accessible from or on this website. Authentics Online shall not be liable to you for any damage resulting from use of or reliance on the materials or information on the website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs, or other data on your information systems or costs of replacement goods, or otherwise, even if Authentics Online is expressly advised of the possibility of such loss or damage. To the extent (if any) that the content on the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.
By using this website and agreeing to these Terms and Conditions, you agree to indemnify Authentics Online and its employees and affiliates and hold Authentics Online and its employees and affiliates, harmless against all loss, actions, proceedings, costs (including legal costs), expenses, claims, penalties, fines, expenses, costs and damages arising from or in relation to any breach by you of these Terms and Conditions, your access and/or use or exploitation of the website or reliance on its contents or information received through it by yourself or any person accessing any content through the website and as a result of any use or exploitation by you of any material posted by any third party or any other website, or both. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trademark infringement.
Authentics Online does not warrant that your access to the goods and services or the website will be continuous or fault free and the customer and user acknowledges that Authentics Online does rely on various service level agreements that it has with third parties from time to time and its ability to perform hereunder may be affected by the terms of such service level agreement.
The customer or user agrees to indemnify and continue to indemnify and hold Authentics Online harmless from and against any claims, demands, proceedings, losses and damages of every kind and nature, known and unknown, including reasonable legal fees, made by any third party or customer or user due to or arising out of: (i) the customer or user’s breach of the Terms, or (ii) the customer or user’s violation of any law or the rights of a third party or (iii) as a result of any customer or user having a dispute with any other customer or user/s.
The customer or user shall comply with all applicable domestic and international laws, statutes, ordinances, common law and regulations regarding the customer or user’s use of the website and services. The customer or user agrees to ensure that any information posted by the customer or user on the website does not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and any other applicable legislation. The customer or user is responsible for confirming that all activities are lawful and the customer or user must ensure that all applicable laws and the terms are complied with in every respect.
Intellectual Property Rights
Title, ownership rights and intellectual property rights in the content, whether provided by Authentics Online, or by any other content provider, shall remain the sole property of us and/or the other content provider. We will strongly protect its rights in all countries.
You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as is expressly permitted in this agreement.
You may download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in such content. You may not store electronically any significant portion of any content.
Copyright
Authentics Online is the copyright owner of the content of the website or is licensed by the copyright owner to use the content on the website. You must not in any form or by any means copy, reproduce, adapt, store, distribute, broadcast, transmit, print, publish or create derivative works from any information, material or data on this website. You must not use or apply, alter, or modify, for commercial or other purposes, any information, material or data on this website, without the prior written consent of Authentics Online.
All trademarks, brands and names appearing on this website are the property of their respective owners.
The customer or user grants to Authentics Online an exclusive, non-transferable licence to use the customer or users content, advertising, images, video and personal information and intellectual property Rights (including the right to communicate to the public) necessary for Authentics Online to supply the goods and services and to publish and maintain its websites.
Linking to this website and third party links
Creating or maintaining any link from another website to any page on the Authentics Online website without our prior written permission is prohibited. Displaying the Authentics Online website or any material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply with all applicable laws, rules and regulations.
The Authentics Online website may contain links to other websites on the internet that are owned and operated by third parties. You acknowledge that Authentics Online is not responsible for the operation or content on or through any such site. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.
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.
The provisions of the Terms are severable, and if any provision of the Terms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced.
Authentics Online’s failure to act with respect to a breach by any customer or user or others does not waive its right to act with respect to subsequent or similar breaches.
Information provided by you
If you purchase goods and services from Authentics Online or create an account with us, we may require you to provide your name, address, email address, credit card number or other details. We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Authentics Online with current, complete and accurate customer information when requested to do so by this website or an employee of Authentics Online.
We agree to reasonably respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
Other than personally identifiable information, which is subject to Authentics Online’s Privacy Policy, any material, information, ideas, suggestions, questions, comments or other communication which you post to this website in any manner will be considered non-confidential and non-proprietary. Authentics Online and our affiliates may use any or all such communications for any purpose, including, without limitation, reproduction, transmission, disclosure, publication, broadcast and/or marketing in any manner for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any communication by you. We shall have no obligation to use, return, review or respond to any such communications. We will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. We retain the right to remove any or all communications that includes any material we deem inappropriate or unacceptable.
Product information
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 on the website is accurate, complete, reliable, current or error free.
Delivery
Please read the delivery information contained in this website. The delivery times are indicative only and Authentics Online will not be liable for any failure to observe these delivery times. For further information click here.
System security
All information submitted to Authentics online is secured using Secure Sockets Layer (SSL) software. Information available on this website is protected by state-of-the-art encryption and firewall technology.
Not to use website for improper use
The customer or user agrees that they will not use any robot, spider, other automatic device, or manual process to monitor or copy any content or web pages or other information on the website without Authentics Online’s prior written permission.
Privacy Policy
Authentics Online is committed to safeguarding your privacy. The terms detailing the handling of personally identifiable information and other information by you in connection to this website is described in our Privacy Policy.
Termination and effect of termination
Authentics Online reserves the right to terminate or suspend your use of the website, without notice, for any reason or for no reason and without liability to you or any third party. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspect of this website, at any time, without notice.
Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
International access
The Authentics Online website may be accessed from countries other than Australia. This website may contain products or references to products that are not available outside of Australia. Any such references do not imply that such products will be made available outside Australia. If you access and use this website outside Australia you are responsible for complying with your local laws and regulations.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against Authentics Online and our associates, which relate to, or are incidental to any transaction.
You agree to indemnify and hold Authentics Online harmless from and against any and all claims, loss or expense that may be incurred by Authentics Online or our associates, which relate to or are incidental to the performance of its duties as described in these Terms and Conditions, including all legal costs incurred 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 Authentics Online and our 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 account, or any intellectual property or other right of any person or entity.
Entire Agreement
The Terms are the entire understanding and agreement between the customer, user and Authentics Online and those terms and conditions which are intended to remain after the termination or expiry of these Terms including but not limited to all indemnities owed to Authentics Online by the customer and the user, shall survive any termination or expiration of these Terms.
Amendments to Terms and Conditions
Authentics Online may terminate, suspend, change or discontinue any aspect of this website, including the availability of any features on this site, at any time and without notice.
Authentics Online reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions in whole or in part, at any time and without notice. Authentics Online may terminate the authorisation, rights and license given above at any time and without notice. Your continued use of this website after any changes to these terms are posted will be considered acceptance of those changes. In the event that a customer or user does not agree with the Terms, the customer or user must immediately cease their use of the website, not order any goods or services from Authentics Online.
Last modified: 7 September 2011
