Purchase of products
At the ‘AussieBabes’ section of the Site (AussieBabes- ‘Shop’, KandyBabes- ‘Shop’, MotorBabes-‘Shop’), AussieBabes: advertises certain products for sale (‘Product’ or ‘Products’); and lists the price for each Product (‘Purchase Price’).
You can make an offer (‘Offer’) to purchase a Product or Products from Wicked Weasel at the relevant Purchase Price, by:
- accessing the ‘Shop’;
selecting the Product or Products with respect to which you wish to make an Offer, and clicking the ‘add to cart’ button;
- inserting the ‘quantity’ of the Product or Products that you require, and clicking the ‘checkout’ button;
- selecting the ‘Shipping Destination’ that you require and clicking the ‘next’ button;
- selecting the ‘Shipping Method’ that you would prefer and clicking the ‘next’ button;
completing the ‘Customer Details’ Form and clicking the ‘next’ button; and
- providing your ‘Payment Details’ at the EWAY card services section of the Site and clicking the ’continue’ button.
- AussieBabes is deemed to have accepted (‘Acceptance’) the Offer when EWAY services sends an email message to You, confirming that payment of the Purchase Price (‘Payment’) has been processed.
Payment will be processed by EWAY simultaneous to Acceptance. Payment must be made by credit card (Amex, MasterCard and Visa).
An agreement (‘Agreement’) exists between You and AussieBabes, for you to purchase from AussieBabes the Product or Products with respect to which you have made an Offer, upon Acceptance.
The entire Agreement consists of:
- the Offer;
- the Acceptance; and
- the Terms and Conditions.
Each separate Offer and Acceptance, together with the Terms and Conditions, forms a separate Agreement.
If AussieBabes owes money to You under one Agreement, AussieBabes may set-off that money against any money that it owes You under another Agreement.
AussieBabes will deliver the Product or Products to You:
- at the address for delivery (‘Delivery Address’) provided by You in the Customer Details Form in the Offer;
- by way of the Shipping Method selected by You in the Offer;
at the price (‘Shipping Price’) that corresponds with the Shipping Method selected by You in the Offer; and
- within a time that is, at the discretion of AussieBabes, feasible.
Anyone at the Delivery Address who receives the Product or Products is deemed to be authorised to receive the Product or Products.
Property and risk in the Product or Products passes to You upon delivery to the Delivery Address.
If You are not satisfied with the quality of the Product or Products You have purchased pursuant to an Agreement, AussieBabes will exchange (‘Exchange’) or issue a refund (‘Refund’) to You for the Product or Products, provided:
You return the Product or Products in new condition with the tags attached, and with all information AussieBabes will need in order to correctly Exchange the Product or Products or Refund the Payment to You (including invoice number, name, address, and your requirements);
to the address described in Clause 17;
sixty (60) days from the date the Agreement is made, if the Delivery Address is outside Australia; or
(ii) fourteen (14) days from the date the Agreement is made, if the Delivery Address is inside Australia
The Shipping Price is not refundable.
There will be no Shipping Price for any initial Exchange with respect to an Agreement.
A replacement Product or Products with respect to an Exchange will be delivered to you by way of:
- registered post, if the Delivery Address is inside Australia; or
- airmail, if the Delivery Address is outside Australia; or
- courier, if requested by You (but will incur an extra charge for shipping, being the difference between the cost for shipping by courier and the cost for shipping by air mail).
- You must not:
engage in the business of re-selling, distributing and/or supplying to any third party, whether through a web site or any other means, any Product/s that You have purchased from AussieBabes pursuant to an Agreement; and represent Yourself as AussieBabes or as an agent or sub-contractor of AussieBabes, by making any unauthorised use of any trade mark and/or copyrights owned by AussieBabes or by any other means.
Disclaimer of warranties and limitation of liability
AussieBabes reserves the right to modify or adapt any part of the Works (including information about a Product or Products) without notifying current or prospective customers or users.
AussieBabes is not responsible for any errors or defects (including without limitation computer viruses, typographic errors or other inaccuracies) in any Works contained in the Site. AussieBabes intends any information contained as part of the Works to be accurate and reliable. However, errors may occasionally occur. Therefore, all Works are provided “as is”, without any warranty of any kind.
The liability of AussieBabes for any breach of any implied condition or warranty conferred by the Trade Practices Act 1974 (Cth), or any similar state or territory legislation in Australia which cannot be excluded, is limited to any one or more of the following, determined by AussieBabes in its sole discretion:
- in the case of a Product or Products:
- the replacement or repair of the Product or Products, or the supply of an equivalent Product or Products; or
- the payment of the cost of replacing the Product or Products, or acquiring an equivalent Product or Products, or repairing the Product or Products; and
- in the case of services:
- supply of the services again; or
- the payment of the cost of having the services supplied again.
To the full extent permitted by law, AussieBabes, its related bodies corporate (as that expression is defined under the Corporations Law) and their directors, employees and/or agents will not be liable for any loss, claims, damages or costs (including legal costs) arising out of, or in connection with, Your use of or inability to use the Site, including but not limited to direct, indirect, incidental, special, exemplary and all consequential damages or losses of profits or opportunity to any person, even if such losses or damages were reasonably foreseeable.
If Clause 9.4 is unenforceable in whole or in part in any jurisdiction, due to relevant laws in that jurisdiction, then in no event will the liability of AussieBabes to You for any damages, losses, claims or otherwise, exceed the amount paid by You, if any, with respect to Your purchase of a Product or Products from AussieBabes, pursuant to an Agreement, through the Site.