Terms of Sale

Jelss Pty Ltd ACN 624 512 901

Terms and Conditions

1. This Agreement

Thanks for taking the time to read our terms and conditions (Agreement), we are Jelss Pty Ltd ACN 624 512 901 trading as Erin’s Quality Outdoor Power Centre (Erin’s, we, our, us and other similar terms). These terms govern the purchase of goods from, your access to, and your use of our website. When we refer to you (you, your and other similar terms) we mean the person or entity using the website.

By purchasing goods via the website or otherwise continuing to use it, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to purchase goods via, or continue to use, our website.

It is your obligation to ensure that you have read, understood and agree to the most recent terms published by us from time to time. 

Please email us at info@erinsquality.com.au if you have any questions relating to this Agreement.

2. Disclaimer

You acknowledge:

(a) goods for sale via our online store, marked “In Stock” are held in stock or may be sourced from suppliers within Australia or throughout the world; and
(b) our website may from time to time contain bugs and errors which do not substantially interfere with its normal operations.

 

3. Making purchases via the website

You acknowledge and agree that to purchase goods via our website, you may be required to provide us with Personal Information and create an Account with us.

You agree to provide any information reasonably requested by us for the purpose of setting up your Account and making the purchase. You warrant that:

      1. all of the information you provide to us is accurate and complete in all respects; 
      2. you will inform us by updating your Account details whenever any such information changes; and
      3. you will not provide false or misleading information.

4. Orders, delivery and refunds

4.1 Placing orders
Prices for products presented on this website are provided as an invitation to treat. The final price of the products you purchase is calculated at checkout and may include additional costs such as taxes, delivery charges and insurance.
The price shown at the time you enter your payment details is the total price of the order notwithstanding the individual products purchased may have been presented on the website at a lower price.
Where you make payment via our Website you are making an offer to us on the terms and conditions set out in this Agreement. We are under no obligation to accept an offer. Acceptance of your offer is deemed once we process your payment.
Where we have to place a special order for the product you wish to purchase, acceptance will be deemed once we confirm your shipment with our suppliers or fulfilment centres and notify you.
4.2 Payment
In purchasing products from us, you agree to abide by the terms and conditions imposed by your financial institution (including buy now pay later providers) and pay the amounts in relation to the transactions you authorise on this website.
While we use only reputable payment gateway providers, we are not liable for any act or omission of the provider you select at checkout. You are responsible for the payment of any goods and services, or value added taxes which are presented to you at the time of making an order.
4.3 Delivery
We endeavour to deliver the products you purchase in accordance with our shipping policy or otherwise within a reasonable time. However, delays may occur in our delivery and fulfillment services from time to time. Should you encounter a delay you can contact us via the email address set out above so we can investigate the reasons.
4.4 Products may not be available 
You acknowledge the products advertised via the website may be unique, available in low stock volumes, or temporarily unavailable. If we are unable to fulfil an order, we will contact you and reimburse you for the cost of that product.
4.5 Gift cards and discounts
From time to time and at our sole discretion we may make available to you the use of discount codes and redeemable gift cards. Discount codes and gift cards are redeemable when you place your order and on the conditions upon which those discount codes and gift cards were offered.
4.6 Refunds and defects
We provide refunds in accordance with the Refund Policy set out on our Website.
5. Privacy 

When we talk about Personal Information, we mean information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form (Personal Information).

You agree and consent to the handling of Personal Information in accordance with our privacy policy. We may amend our privacy policy in our sole discretion.  If we amend our privacy policy, we will post it on our website.  

6. Use of the website
6.1 Third party infrastructure and processing
You acknowledge that our website may be operated from servers owned and controlled by a third party, and its operations rely on third party services, like those provided by payment gateway providers. As such, you acknowledge that certain functions are out of our control, including data storage and payment processing.
You agree we are not liable for faults in the services provided by third parties (PayPal, Afterpay and the like) with whom you have a separate Agreement.
6.2 Errors, updates and downtime
You acknowledge and agree that there may be technical or administrative errors in the information on the website, including but not limited to errors with respect to product description, pricing and availability.
From time to time, without notice, access to all or part of the website may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access to the website as soon as practicable.
We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove products from, redesign, improve or otherwise alter the website at our sole and absolute discretion.
6.3 Security Responsibilities
We will take reasonable steps to ensure that the website is secure from unauthorised access consistent with generally accepted industry standards. This includes implementing SSL encryption for passing payment details to the payment gateway provider.
7. Intellectual Property

When we talk about Intellectual Property we mean all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right (Intellectual Property).

We own or have a licence to use all the Intellectual Property in the website. You warrant that you will not do any of the following, or permit any person over whom you have effective control to do so:

(a) copy or reproduce, or create an adaptation or translation of, all or part of the website in any way, except to the extent that reproduction occurs automatically through the ordinary use of the website;
(b) incorporate all or part of the website in any other webpage, site, application or other digital or non-digital format; or
(c) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the website on any medium.
8. Warranties

References to non-excludable conditions in this Agreement mean any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded (Non-Excludable Condition).

You warrant you are over the age of 18, have the requisite authority to enter into this Agreement and have authority to use the payment method you select.

We warrant the products are free from material defects, fit for their intended purpose, are of merchantable quality, meet the description of the product as set out on the website and delivered free of liens or encumbrances.

Subject to the Non-Excludable Conditions, all other conditions and warranties, statutory or otherwise and whether express or implied, are hereby excluded, and no guarantees apply, other than that expressly contained in this Agreement.

9. Liability

9.1 Exclusion of liability
Subject to the Non-Excludable Condition and to the maximum extent permissible by law, we exclude all liability for any losses, including consequential loss, suffered or incurred directly or indirectly by you in connection with this Agreement, including:
(a) the website being inaccessible for any reason;
(b) the use of products for a purpose they were not intended to be used;
(c) computer virus, trojan and other malware in connection with the website;
(d) any negligent act performed by you connected with the website or the product; 
(e) any unauthorised activity in relation to the website;
(f) your breach of this Agreement; or 
(g) any act or omission by you, your personnel or any related body corporate under or in relation to this Agreement.
9.2 Limitation of liability
Where a Non-Excludable Condition is deemed to apply, to the fullest extent possible under the law, we limit our liability for any breach to:
      1. in the case of goods, the re-supply of the goods or payment of the cost of the re-supply of the goods or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
      2. in the case of services, the resupply of the services or the payment of the cost of having the services resupplied.
10. Indemnity

You indemnify us, including our directors, employees, contractors, agents, subsidiaries and related bodies corporate against all costs suffered or incurred, however caused, arising wholly or partially, directly or indirectly, in connection with this Agreement or your use of the website, including any costs arising from:

(a) your breach of this Agreement;
(b) our collection activities in relation to a debt you have to us;
(c) your infringement of any Intellectual Property and our costs of protecting those rights; or
(d) any harm to, claim or action by a third party arising directly or indirectly from your use of the website or products you purchase.
11. Termination

We may end this Agreement immediately if:

(a) in our reasonable opinion you are in breach of this Agreement; or
(b) our supplier terminates or breaches their agreement with us.  

If we terminate this Agreement, we will refund you any money paid to us for goods which you have not received.

12. General 

 

Assignment - We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent.

Entire Agreement - This document contains the entire agreement between the parties about its subject matter.  Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.

Event of Force Majeure - means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.

The parties' obligations, other than an obligation to pay money, under this Agreement are suspended for the duration of and to the extent they are affected by an Event of Force Majeure. We may end this Agreement and refund and refund the cost of any products you purchase from us if the Event of Force Majeure continues for more than 30 days.

Governing law - The laws of New South Wales, Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

Notices - The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement which we send to you, will be sent to you via the email address provided to us by you. By accepting these terms, you give your consent to receive communications from us by email. Your notices to us should be directed to info@erinsquality.com.au or sent via the facilities made available to you on our website.

Severability - Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change its intended effect.

Variations to this Agreement - We may vary this Agreement at any time by posting the new terms and conditions on our website.

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