Terms-and-conditions - Stonebeard Miniatures

1. What is Stonebeard Miniatures Website?

1.1 Welcome to the Stonebeard Miniatures Website (This Website).

1.2 This Website facilitates online transactions by people looking for an independent seller of hobby industry goods advertised on it (Goods).

2. Using This Website!

2.1 Browse This Website for Goods, select and add them to your cart, pay for the Goods and then track them as they are delivered to your provided address.

3. What terms and conditions apply to use of This Website?

3.1 The terms and conditions (Terms) for use of This Website are set out in this document unless there are special terms and conditions that are advertised on This Website at the time that you place your order for Goods, in which case those special terms and conditions will apply to the extent of any inconsistency.

3.2 Please read this document carefully before you accept the Terms set out in it.

3.3 If you do not agree with the Terms, you must immediately stop using This Website.

4. Accepting these terms and conditions of use for This Website!

4.1 You can accept the Terms simply by placing an order on This Website.

4.2 If you place an order, you accept the Terms and that means you read, understood and agree to be bound by them.

4.3 You may not use the Website and may not accept the Terms if:

(a) you are not of legal age to form a binding contract; or

(b) you are a person barred from purchasing the Goods under the laws of Australia or other countries including the country in which you are resident.

5. How and when may Stonebeard Miniatures change these terms and conditions?

5.1 Stonebeard Miniatures reserves the right to review and change any of the Terms by updating this document at its sole discretion.

5.2 When Stonebeard Miniatures updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms.

5.3 Any changes to the Terms take immediate effect from the date of their publication.

5.4 Before you continue, we recommend you keep a copy of the Terms for your records.

6. What about the privacy of the information that you supply to Stonebeard Miniatures?

6.1 Stonebeard Miniatures takes your privacy seriously.

6.2 Any information provided through your use of This Website are subject to Stonebeard Miniatures Privacy Policy.

6.3 The Stonebeard Miniatures privacy policy is available on its website at www.Stonebeardminiatures.com.au/privacy-policy.

7. What are your obligations as a Customer?

7.1 As a Customer, you each agree to the following:

(a) you will comply with any code of conduct published by Stonebeard Miniatures from time to time;

(b) you will not share your Customer details with any other person;

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(d) you have sole responsibility for protecting the confidentiality of your customer details and/or email address;

(e) any use of your customer information by any other person, or third parties, is strictly prohibited;

(f) to immediately notify Stonebeard Miniatures of any:

(i) unauthorised use of your customer details or email address; or

(ii) breach of security of which you have become aware;

(g) you must not expressly or impliedly impersonate another Customer;

(h) you must not use the details or email of any other Customer at any time;

(i) any content that you broadcast, publish, upload, transmit, post or distribute through This Website (Your Content) will always be accurate, correct and up to date and that Stonebeard Miniatures may block any of Your Content at any time in its sole and absolute discretion;

(j) you will maintain reasonable records of Your Content.

(k) you agree not to harass, impersonate, stalk or threaten another Customer (if interaction with other Customers is made available to you);

(l) access and use of This Website is limited, non-transferable and allows for the sole use of This Website by you for the purposes of purchasing the Goods;

(m) you will not use Goods or This Website for any illegal and/or unauthorised use which includes collecting email addresses of Customers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to This Website;

(n) legal action may be taken by Stonebeard Miniatures for any illegal or unauthorised use of This Website;

(o) you acknowledge and agree that any automated use of This Website is prohibited.

7.2 Stonebeard Miniatures reserves the right to discontinue or cancel your access to This Website at any time and may suspend or deny, in its sole discretion and without reason, your access to all or any portion of This Website without notice if:

(a) your conduct impacts Stonebeard Miniatures's name or reputation; or

(b) your conduct violates the rights of those of another party or customer.

8. What is the process for the purchase and delivery of Goods?

8.1 You will choose Goods to purchase from those goods posted on This Website by placing them in the cart available on This Website.

8.2 After you choose Goods to purchase by placing them in the cart, you will be required to pay for those Goods before placing your order by pressing the order button.

8.3 As part of the purchase process, you may be required to provide personal information about yourself (such as identification or contact details) to complete and ship your purchase including:
(a) Name
(b) Email address
(c) Mailing address
(d) Telephone number

8.4 Once you have swiped to pay online, your order is placed automatically and there is a contract between the you and us for you to purchase those Goods conditional only on their being Goods in stock to supply.

8.5 We then arrange delivery to your nominated address.

8.6 There is no guarantee delivery time but we will work to promptly dispatch your order of Goods.

8.7 Delivery will require a signature of delivery from you to Australia post. You will need to be home during delivery hours to be able to give that signature.

8.8 In addition to the cost of the Goods, at the same time as paying for the Goods, You must also pay Us the standard delivery charge for the Goods.

9. Payments through This Website!

9.1 You agree to pay the price for the Goods that is advertised on This Website at the time at which you place an order for the Goods.

9.2 We agree to accept the price for the Goods that is advertised on This Website at the time at you place an order for those Goods unless that price has been altered without the knowledge or consent of Stonebeard Miniatures.

9.3 All payments made in the course of your purchase of the Goods are made using Paypal.

9.4 In using This Website or when making any payment in relation to your purchase of the Goods, you warrant that you have read, understood and agree to be bound by Stonebeard Miniatures and the Paypal terms and conditions which are available here and on the Paypal website.

10. What is the Stonebeard Miniatures refund policy?

10.1 If you are not satisfied with the Goods provided by us and believe that you may be entitled by law to a refund, then we require you to contact us directly to request a refund. To the extent permitted by law, you must do that within 14 days of delivery of the Goods to you.

10.2 If you change your mind about your purchase of the Goods and want to return them, you must return them to us within 14 days of their delivery to you. You must pay for the cost of the return delivery of the Goods to us and there will be a 20% restocking charge that you must pay. A refund will only be made once the Goods have been returned to us and the restocking fee paid for.

10.3 Your personal information is deleted from The Website after the 14 days, so unless you work strictly to this deadline, we will be unable to assist you after that time.

11. Ownership of copyright and intellectual property in This Website!

11.1 This Website and all of the Goods advertised on it are subject to copyright.

11.2 The material on This Website is protected by copyright under the laws of Australia and through international treaties.

11.3 Unless otherwise indicated, all rights (including copyright) in the compilation of This Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, any APP we use and made available for access to This Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Stonebeard Miniatures or
its contributors.

11.4 All trademarks, service marks and trade names are owned, registered and/or licensed by Stonebeard Miniatures, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Customer to:

(a) use This Website pursuant to the Terms;

(b) copy and store This Website and the material contained in This Website in your devices cache memory; and

11.5 Stonebeard Miniatures does not grant you any other rights whatsoever in relation to This Website.

11.6 All other rights are expressly reserved by Stonebeard Miniatures.

11.7 Stonebeard Miniatures retains all rights, title and interest in and to This Website.

11.8 Nothing you do on or in relation to This Website will transfer to you any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an
adaptation or modification of such a thing, system or process).

11.9 You may not, without the prior written permission of Stonebeard Miniatures and the permission of any other relevant rights owners broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way This Website or the intellectual property in This Website for any purpose, unless otherwise provided by these Terms.

11.10 The prohibition under the prior sub clause of this clause does not extend to materials on This Website which are freely available for re-use or are in the public domain.

11.11 Where you are permitted and broadcast, publish, upload, transmit, post or distribute Your Content on This Website you grant to Stonebeard Miniatures a non-exclusive, transferable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.

12. Title in and risk for Goods!

12.1 Title in and risk for the Goods passes from us to you only when the goods are delivered to you.

13. Disposal of rubbish and packaging

13.1 You are responsible for the disposal of all rubbish forming part of and packaging of the Goods.

14. What is Stonebeard Miniatures’s liability when you use This Website?

14.1 Use of This Website is at your own risk.

14.2 To the extent permitted by law:
(a) everything supplied through This Website are provided as is and without warranty or condition of any kind and

(b) neither Stonebeard Miniatures nor its affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Goods referred to on This Website.

14.3 To the extent otherwise required by law, Stonebeard Miniatures holds no liability to you, including as a result of any conduct of a Customer or the misuse of Your Content by any party (including other Customers).

14.4 However, if Stonebeard Miniatures is found to be liable to you, to the extent permitted by law, Stonebeard Miniatures’s total liability arising out of or in connection with the Goods or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Goods to you.

14.5 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Customer Law (or any liability under them) which by law may not be limited or excluded.

14.6 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) neither Stonebeard Miniatures nor its affiliates, directors, officers, employees, agents, contributors and licensors will be liable for any direct, special, incidental, indirect or consequential or exemplary loss or damage (unless such loss or damage is reasonably foreseeable resulting from Stonebeard Miniatures’s failure to meet an applicable Customer Guarantee), loss of profit or
opportunity, or damage to goodwill arising out of or in connection with the Goods or these Terms (including as a result of not being able to use the Goods or the late supply of the Goods), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

14.7 The exclusion under the prior sub clause of this clause includes (but is not limited to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on This Website or the Goods,
(including third party material and advertisements on This Website);

(d) operation in respect to links which are provided for your convenience.

15. Are you liable in any way to Stonebeard Miniatures?

15.1 You agree to indemnify Stonebeard Miniatures, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content; and/or

(b) any direct or indirect consequences of you accessing, using or transacting on This Website or attempts to do so; and/or

16. Competitors and access to information or content on This Website!

16.1 If you are in the business of providing similar Goods for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Stonebeard Miniatures.

16.2 Competitors are not permitted to use or access any information or content on This Website.

16.3 If you breach this provision, Stonebeard Miniatures will hold you fully responsible for any loss that Stonebeard Miniatures may sustain and hold you accountable for all profits that you might make from such a breach.

17. Is GST payable?

17.1 Unless otherwise stated, all amounts specified for payment by you do not include GST.

17.2 You must pay *GST on any *taxable supply made by us to you on the *supply at the later of:

(a) the provision of the *consideration for the supply, and

(b) you being given a *tax invoice.

17.3 If the GST Act is replaced by another Act to the same or similar effect, or if the GST Act is so amended as to make this clause unfair, the parties will make the adjustments that are reasonably necessary to achieve substantially the same effect as this clause.

17.4 In this clause:
(a) GST means GST under the GST Act;

(b) GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (as amended); and

18. How will disputes be settled?

18.1 If any dispute (Dispute) arises out of these Terms, subject to the last sub-clause of this clause, the parties must comply with this clause.

18.2 A party claiming that a Dispute has arisen must give written notice (Dispute Notice) to the other party setting out the nature of the Dispute.

18.3 The parties must endeavour in good faith to settle the Dispute between themselves within 14 days of receipt of the Dispute Notice.

18.4 If the Dispute is not settled as set out in sub clause 3 of this clause, the parties agree, at the request of either of them, to refer the Dispute for determination by arbitration administered by the Australian Disputes Centre (ADC) in accordance with the arbitration rules of ADC.

18.5 The arbitration will be held in Sydney, NSW, Australia or such other place as the parties may agree.

18.6 The arbitrator’s decision will be final and binding on the parties.

18.7 The costs of the arbitration will be paid in accordance with the decision of the arbitrator.

18.8 Nothing in this clause prevents a party from seeking urgent interlocutory injunctive relief before an appropriate court.

19. Acknowledgements you make about these Terms!

19.1 All parties acknowledge that:

(a) they have read and understand these Terms;

(b) these Terms are fair and reasonable.

20. Should you get legal advice about these Terms?

20.1 If you accept these Terms, you will be entering a contract about us supplying Goods to you.

20.2 It is important that you understand your rights and obligations under that contract before you accept these Terms.

20.3 If you don’t understand them, you should get legal advice before you accept them.

20.4 All parties acknowledge that:

(a) either they have received and understood advice from their own lawyer about their rights and obligations under these Terms; or
(b) they have had the opportunity to do so but do not want to get that advice.

21. What if events beyond control happen to a party?

1.1 Other than for the obligation to pay money then payable, even if not then due, for Goods supplied until that time, the obligations of the parties will be suspended during any period in which a party (First Party) is prevented from performing those obligations by reason of any event which is beyond the reasonable control of the First Party, including due to any act of God or any event of
national emergency, war, terrorism, police, fire or safety requirement, prohibitive governmental regulations, industrial action, war (declared or undeclared), pandemic, epidemic, or any other similar cause beyond the control of First Party (Event).

1.2 If an Event happens to the First Party, the other party or parties:

(a) must allow the First Party a reasonable opportunity to fulfil the obligation; and

(b) may after allowing that opportunity, terminate the contract between them; and

(d) will be entitled to be:

(i) paid for all Goods supplied by them to the First Party at that time and for which payment in full has not yet been made; or

(ii) repaid for all Goods paid for by them to the First Party at that time and for which payment the Goods have not yet been received.

2. Are these terms and conditions the whole agreement?

2.1 Unless otherwise provided to the contrary in writing between the parties, these Terms are the entire agreement of the parties on the subject matter.

2.2 The only enforceable obligations and liabilities of the parties in relation to the subject matter are those that arise out of these Terms.

2.3 All representations, communications and prior agreements in relation to the subject matter are merged in and superseded by these Terms.

3. What if part of these Terms is invalid?

3.1 If a provision of these Terms or a right or remedy of a party under them is invalid or unenforceable:

(a) it is read down or severed only to the extent of the invalidity or unenforceability; and

(b) it does not affect the validity or enforceability of the remaining provisions.

3.2 This clause is not limited by any other provision of the contract between the parties in relation to severability, prohibition or enforceability.

4. How may rights and obligations be assigned?

4.1 Stonebeard Miniatures may assign its rights under these Terms without your prior consent.

4.2 You may not assign your rights under these Terms without our prior consent, such consent not to be unreasonably withheld.

5. What happens if a right is waived?

5.1 The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right.

5.2 No single exercise of a power or right precludes any other or further exercise of it or the exercise of any other power or right.

5.3 A power or right may only be waived in writing, signed by the party to be bound by the waiver.

6. What laws apply to these Terms?

6.1 The contract between the parties is governed by the law in force in New South Wales, Australia.

6.2 The parties submit to the exclusive jurisdiction of the:

(a) Courts of New South Wales, Australia; and

(b) Courts exercising federal jurisdiction over matters arising in New South Wales, Australia;

(c) any Court that may hear appeals from those Courts, in respect of any proceedings in connection with the contract between the parties.

7. How may notices be given?

7.1 All notices required or permitted to be given by one party to another must be in writing, addressed to the other party; and:

(a) delivered to that party’s address; or

(b) posted to a party’s address;

(d) transmitted by Email to that party’s Email address.

7.2 A notice given to a party under subclause 1 of this clause is treated as having been given and received:
(a) if delivered to a party’s address on the day of delivery if a business day, otherwise on the next business day; and

(b) if posted to a party’s address, on the second business day after posting, if a business day, otherwise on the second business day after the next business day;

(c) if transmitted by facsimile to a party’s facsimile number and a correct and complete transmission report is received, on the day of transmission if a business day, otherwise on the next business day; and

(d) if transmitted by electronic mail to a party’s Email address and no message is received stating that the transmission has failed, on the day of transmission if a business day, otherwise on the next business day.

7.3 For the purposes of this clause:
(a) the address is an address which that party may from time to time give notice of to each other party;

(b) in the case of a facsimile number or an Email address, is a facsimile number or an Email address which:

(i) that party may from time to time give notice of to each other party; or

(ii) which that party may use from time to time to send communications to the other party.

8. Definitions and Interpretations

8.1 In this contract unless the context otherwise requires or permits:

(a) Headings are for guidance only and do not affect the interpretation of this document.

(b) A reference to any document refers to any amendment, replacement or novation of it.

(d) A reference to the plural includes the singular.

(e) Other grammatical forms of defined words or expressions have corresponding meanings.

(f) A reference to a clause or schedule is a reference to a clause of, or a schedule to, this document unless stated otherwise.

(g) A reference to a paragraph, clause or sub clause is a reference to a paragraph, clause or sub clause of the same clause or schedule unless otherwise stated.

(h) A reference to dollars and $ is to Australian currency.

(i) A reference to a month or year is to a calendar month or year.

(j) Where the day or last day for doing something or on which an entitlement is due to arise is not a business day, that day or last day will be the immediately following business day.

(k) A reference to a person includes a company, partnership, joint venture, association or statutory authority or other entity.

(l) A reference to a party includes references to the party’s executors, administrators, successors, substitutes (including, without limitation, persons taking by novation), assigns, contractors, agents, employees, invitees and licensees.

(m) A right or obligation of 2 or more persons gives that right or imposes that obligation jointly and
severally.

(n) A reference to an association or body which has ceased to exist includes the organisation established in the place of that association or body to serve substantially the same purposes.

(o) A reference to the president of a body or authority is a reference, if there is no such person, to the senior officer of the body or authority or to the person who fulfils the duties of president.

(p) A reference to any statute, regulation, proclamation, ordinance or by law includes all statutes, regulations, proclamations, ordinances or by laws varying, consolidating or replacing them, and a reference to a statute includes all regulations, proclamations, ordinances and by laws issued under that statute.

(q) If this contract prohibits a party from doing a thing, then that party may not allow or cause any person to do that thing.

(r) A reference to conduct includes any omission and any statement or undertaking, whether or not in writing.

(s) No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this contract or any part of it.

(t) The words in “writing” or “written” include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient.