TERMS AND CONDITIONS

Online Trading Terms

These terms apply to the ordering, purchase and delivery of Goods from this Site, and create a binding agreement between you and Something Different Lifestyle QLD Pty Ltd ACN 140 209 481 (Something Different AUS).

By using the Site, in any manner, you agree to be bound by the following terms and conditions (Terms), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Something Different AUS reserves the right in its absolute discretion to amend the Terms or the Site at any time without notice.

Something Different AUS reserves the right to update, change or replace any part of these Terms by posting updates and/or changes to the Site at any time in its absolute discretion without notice to you

1. Online Store Terms

(a) By placing an Order on the Site, you are making an offer to enter into an agreement to purchase the product(s) in that Order.
(b) Orders will be deemed received by Something Different AUS at the time it sends an Order confirmation to your nominated email address.
(c) Agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
(d) You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
(e) You must not transmit any worms or viruses or any code of a destructive nature.
(f) You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.
(g) We will not be liable to you for any loss you or any third party suffers as a result of, or in connection with, a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.
(h) You may place an Order on the Site if you are aged 16 years or over (18 years if purchasing using Afterpay), and have an active email account or a telephone number at which you can be contacted.
(i) We reserve the right to accept or reject your Order for any reason at any time. If We reject your Order you will receive a refund of any money paid.
(j) Your Order becomes a sale when your Order is dispatched and We have issued you a Tax Invoice.

2. Price and payment

(a) When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
(b) All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
(c) We reserve the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, We will supply your Goods at that Price (unless your Order is affected by a pricing error).
(d) Payment methods are specified on the Site at the time you place your Order. They may include credit card or Afterpay. The name on any credit card used for payment must match the name on the Order. Cheques cannot be used as a payment method for any purchase from the Site, including for the payment of Orders. If you pay using Afterpay, the Afterpay prevailing terms and conditions apply. View Afterpay terms at http://www.afterpay.com. Payment methods may be subject to change.
(e) Any payment for an Order must be cleared by Something Different AUS before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
(f) In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

3. Delivery

(a) Dispatch times may vary according to availability. Any representations made regarding delivery times are estimates only and are subject to delays resulting from postal delays or force majeure for which We are not responsible.
(b) A signature on delivery or pick-up may be required. If you refuse to sign the delivery document, this will be taken as refusal to accept delivery.
(c) If no-one is at the delivery address or there is limited access to the delivery address, and a signature is not required for the delivery, the Delivery Agent will leave a collection card with instructions on where to collect the Goods.

4. Products or Services

(a) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
(b) We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
(c) We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
(d) We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.

5. Accuracy of Billing and Account Information

(a) We reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order.
(b) These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address.
(c) In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
(d) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

6. Personal Information

(a) Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

7. Errors, Inaccuracies and Omissions

(a) Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your Order).
(b) We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.

8. Order cancellations and returns

(a) Unless provided for under these Terms or as otherwise agreed by Something Different AUS, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods under the Returns Policy.
(b) If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
(c) Unless otherwise explicitly stated by Us, Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.
(d) Any Goods you purchase can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.
(e) Something Different AUS will process any refunds within a reasonable time of agreeing to do so.
(f) If the original payment was made:
i. on a credit card, refunds will be processed on the same card as the original payment was made;
ii. using Afterpay, refunds will be processed back to the account through Afterpay.
(g) Goods can only be returned in accordance with the Returns Policy.

9. Liability & Indemnity

(a) Risk and title in the Goods passes to you on the date and time of delivery of the Goods to you by the Delivery Agent.
(b) The liability of Something Different AUS is limited to the maximum extent permitted by law. To the extent that we are unable to exclude liability, our liability is limited to (at our option):
i. supply of equivalent goods or services; or
ii. a refund of the price paid by you for the goods or services (or both).
(c) To the maximum extent permitted by law, we are not liable for:
i. any Loss or damage to the goods or services (or both) resulting from any act or omission on the part of you, your employees, contractors or agents;
ii. any special, consequential, direct or indirect Loss or damage incurred by you or any other party (including but not limited to lost profits) arising from or in any way connected with this Agreement or any goods or services acquired by you from us, whether such Loss or damage is alleged to arise from breach of contract, express or implied warranty, or in tort, including without limitation, negligence, failure to warn or strict liability.
(d) Subject to clauses 9(a) and 9(b), you are liable for and indemnify us against all liabilities, claims, Loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis determined without taxation, assessment or similar process and whether incurred or awarded on or against us) arising from or incurred in connection with your use of the goods or our provision of the Site.
(e) Each indemnity under this Agreement is a continuing obligation, separate and independent from You’s other obligations and survives termination and completion of the purchase of the goods and performance of the Marketing Services.
(f) Subject to clauses 9(a) and 9(b), You shall indemnify the Consultant for any loss, damage or expense incurred by the Consultant, to the maximum extent permitted by law, for any breach of this Agreement by You.

10. Severability

(a) In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

11. Termination

(a) We may, at our discretion, terminate the agreement for the supply of Goods to you:
i. for convenience, at any time, on giving notice to you; or
ii. immediately if We reasonably believe that you have breached these Terms and:
iii. that the breach is not capable of remedy; or
iv. if you have been provided with notice of the breach, and you have failed to remedy that breach; or
(b) within 14 days (where the breach is able to be remedied).

12. Entire Agreement

(a) The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
(b) These Terms and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
(c) Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

13. Governing Law

(a) This Agreement is governed by the laws of Queensland, Australia.
(d) (b) Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland, Australia and legitimate courts of appeal from such courts.

14. Changes to Terms of Service

(a) You can review the most current version of the Terms at any time at this page.
(b) We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Site. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of those changes.

15. Definitions

The following definitions apply to these Terms.
Business Day means a week day in which trading banks are open for the transaction of banking business in Rockhampton, Australia.
Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.
Delivery Agent means a third party delivery or shipping company engaged by Us to deliver Goods.
Delivery Fee means the applicable fee for the delivery of Goods.
Goods means the items offered for sale on the Site.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Loss means all losses, liabilities, damages and claims, and all related costs and expenses (including any and all reasonable legal fees and reasonable costs of investigation, litigation, settlement, judgment, appeal, interest and penalties).
Order means a request by you to purchase Goods from Something Different Aus under these Terms.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Site.
Privacy Policy means the Something Different Aus Privacy Policy.
Returns Policy means the Something Different Aus Returns Policy.
Site means http://www.shopsd.com.au.
Something Different Aus means Something Different Lifestyle QLD Pty Ltd ACN 140 209 481.
Something Different Aus Order means a request by you to purchase Goods from Something Different Aus under these Terms.
Website Terms means the terms governing your use of the Website, in addition to these Terms. View the Website Terms here.
We, Us and Our means Something Different Aus.
you and your means you as the purchaser of Goods from Something Different Aus, pursuant to these Terms.