These Terms and Conditions constitute a contract between the customer (You) and the HSV Owners Club of NSW (Inc. HDT) Incorporated (HSVOC)
1.1 In these Terms and Conditions We, Our or Us means HSV Owners Club of NSW (Inc. HDT) Incorporated; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
1.2 By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products or Services.
1.3 The Agreement together with Your Order constitutes the entire agreement between Us and You for the supply of Products and Services. The Agreement cannot be varied unless We agree to vary it in writing or by email.
2. Legal Capacity
If you are under the age of eighteen (18) years you cannot place Orders with the HSVOC. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
3. Website Use
3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
3.2 You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
3.3 You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
4.1 Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except by agreement between You and Us in writing or by email; or in accordance with clause 7.4.
4.2 All prices listed on the Website exclude Delivery Costs.
5. Product Specifications
5.1 Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.
5.2 All weights and dimensions of Products described in the Website are approximate.
6.1 You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).
6.2 Orders will be deemed to have been received by the HSVOC at the time the HSVOC sends an Order confirmation to Your nominated e-mail address.
6.3 The HSVOC is primarily an online business and will primarily communicate with Customers via e-mail. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
6.4 The HSVOC reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).
6.5 In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
6.6 The HSVOC does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
6.7 The HSVOC shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of the HSVOC (or its suppliers), and the HSVOC shall be entitled to a reasonable extension of time for the performance of such obligations.
6.8 Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
7.1 All online payments are to be made through PayPal using Your Visa, MasterCard or PayPal account. The use of these PayPal payment services means that you agree to the current User Agreement for PayPal Services as published by PayPal.
7.2 Payment for Orders will be processed immediately upon confirmation of Your Order.
7.3 Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product’s correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product’s correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.
8. Delivery and ownership of the goods
8.1 We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. The HSVOC does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
8.2 The date of dispatch will be as soon as it can reasonably occur. Where the planned dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e- mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund at any time prior to dispatch of the Product(s).
8.3 The HSVOC will not deliver Products to PO Box addresses.
8.4 Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
8.5 The couriers or postal services nominated by HSV Owners Club of NSW (Inc. HDT) Incorporated will deliver Products during local business hours (9am to 5pm, Monday to Friday).
8.6 The HSVOC is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by the HSVOC (as notified to the Customer) in relation to date and time of delivery. The HSVOC shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
8.7 The HSVOC reserves the right to not ship to remote or rural locations.
9. Faulty or damaged goods
The HSVOC will repair, replace or refund faulty or damaged Products in accordance with Your rights under the Australian Consumer Law.
10. Refunds and returns
10.1 Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
10.2 All refunds may take up to 10 business days to be processed.
10.3 Refunds are strictly limited to those available under clauses implied by statute.
10.4 In order to facilitate a return please contact Us through the relevant Committee Member through whom the order was placed.
10.5 The Customer must comply with directions from the Committee Member to facilitate a return.
10.6 Returned Products must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Product without its original packaging.
10.7 Subject to clause 10.8, It is the Customer’s responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.
10.8 Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You must return the Product to us at Your cost unless the Product cannot be returned, removed or transported without significant cost to You because of the nature of (a) Our failure to comply with the consumer guarantee, or (b) the size or height, or method of attachment, of the Product. If subsection (b) applies, We will, within a reasonable time, collect the Products at Our expense.
11.1 Each Product sold on the Website is covered by a 12 month Standard Warranty.
11.2 Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.
To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.
13. Intellectual Property
All Intellectual Property in any Material on the Website is the property of the HSVOC. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
15.1 Title and risk in the HSVOC Products pass to You at the point of dispatch or embarkation by the HSVOC to Your courier.
15.2 The HSVOC reserves the right to make changes to the HSVOC Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.
15.3 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
15.4 A failure or delay by the HSVOC to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by the HSVOC does not preclude its future ability to exercise that or any other power or right.
15.5 Insofar as they apply to the ordering, purchase, fulfilment and delivery of HSVOC Products from www.hsvclubnsw.com, these HSVOC Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts in that State.
The HSV Owners Club of NSW (Inc. HDT) Incorporated is committed to providing you with the best possible membership experience. The HSV Owners Club of NSW (Inc. HDT) Incorporated is bound by the Privacy Act 1988 (Cth), which sets out a number of principles concerning the privacy of individuals.
1. Collection of your personal information
There are many aspects of the site which can be viewed without providing personal information, however, for access to future HSV Owners Club of NSW (Inc. HDT) Incorporated member support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.
2. Sharing of your personal information
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. The HSV Owners Club of NSW (Inc. HDT) Incorporated takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
3. Use of your personal information
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
5. Accessing Your Personal Information
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. The HSV Owners Club of NSW (Inc. HDT) Incorporated reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.
6. Contacting us
HSV Owners Club of NSW (Inc. HDT) Inc.,
PO Box 2280,
North Parramatta, NSW 1750 AUSTRALIA