Terms and Conditions
Introduction
This document defines the terms and conditions that will apply to users of the website www.thars.com.au and related sites (together, the website), and to consumers buying Thar's products online from the website (together, you or your).By accessing or attempting to use this website, you acknowledge that you have read and agree to be bound by these Terms and Conditions. These Terms and Conditions may be amended from time to time, and amendments will be displayed on the website. By your continued use of the website following such amendments, you will be deemed to have agreed to the amendments.
Warranties Provided by You
You warrant and acknowledge that:
- you are over the age of 18 and that you have the legal capacity to enter into a legally binding contract;
- the information you provide on the website is:
- correct, complete and current; and
- free from any programming bugs or computer viruses, faults or errors;
- you will comply with all applicable laws in relation to any transactions entered into on the website and you will not use the website for any illegal or fraudulent purpose;
- you are purchasing the goods on this website for personal, non-commercial use only and the goods will not be re-sold; and
- you will not impersonate any other person or allow any other person to impersonate you in use of the website.
Shopping
Products and Orders
Orders placed on the website will be subject to Thar’s usual terms and conditions of supply.
The Thar's products and services promoted on the website are subject to availability and may change from time to time. Thar's may, at any time and without notice to you, discontinue any of the products or services currently available on the website. If you have already placed an order and a product becomes unavailable, Thar's will notify you and refund you accordingly.
Order Status
You will receive an order confirmation via email upon receipt of your order and successful processing of your payment. A further email will be sent upon dispatch of your goods containing a consignment number that can be tracked through Australia Post. All enquiries relating to your order’s shipping status can be directed to hello@thars.com.au
Thar's is not responsible for any loss you or a third party suffers for a delay or failure to process your order deliver products due to inaccurate or incomplete details provided in an order.
Payment Options
Thar's accepts all major credit cards for payment for online purchases unless otherwise specified.
Website Security
We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure. We have established a Secure Shopping Guarantee for every transaction that you make with Thar's.
Further details about the protection of your information are included in our Privacy Policy.
Returns and Exchanges
Damaged/Defective Items
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If you receive a damaged or incorrect item, contact customer service as soon as you ascertain that the item is damaged or incorrect. If there is extensive damage to the carton, refuse the order and contact customer service immediately, quoting your order number. The resupply of product in these circumstances will not incur shipping.
If you choose a refund, the adjusted purchase price will be credited in the same form of payment used for the original purchase.
To discuss a refund or return please contact us: hello@thars.com.au
Change of mind
Thar's does not have to give a refund when you simply change your mind about the goods or services supplied.
Credits
Where the process above is followed, you can expect a refund in the same form of payment originally used for purchase within 5 business days of Thar's receiving of your returned product.
Prices
The prices of products and other charges displayed on the website may change at any time. Prices do not include shipping and handling costs. These charges will be shown at the conclusion of your shopping and will be dependent on delivery method and location. All prices shown on our website are inclusive of GST, and you are responsible for the payment of GST imposed on any products ordered from the website, as well as for the payment of any other associated taxies or duties. Any change to the GST rate will automatically be applied to the prices of our products. If you reside outside of Australia the prices reflected on the website will be charged; no GST will be collected, but your order may be subject to the application of other incidental charges (such as duty clearance charges), which it is your responsibility to pay.
Shipping
Most orders begin the order process as soon as your online purchase is completed. Your order will be shipped once your payment is approved, the receiving address is verified, and the item is located in stock. If an item you order is not currently in stock, you will be notified by email and refunded if you have been charged.
Disclaimers
Thar's makes every effort to ensure that information on the website (Information) is accurate but does not warrant that the Information will be reliable or error free. Thar's takes no responsibility for errors or omissions in the website, or for programming bugs or computer viruses or errors in the website, and reserves the right to modify and correct errors at any time. Information may also contain technical inaccuracies or typographical errors and may be changed, updated or modified at any time without notice. Thar's takes no responsibility for any such inaccuracies, errors, changes, or updates.
Thar's has attempted to accurately depict the products offered on the website. However, because the depiction of a product is dependent on your computer monitor, Thar's cannot guarantee that such depiction will be accurate. The products may appear larger or smaller than their actual size, or the colours slightly different, depending on your monitor.
Thar's does not warrant that users or potential users will have continuous access to the website, and will not be liable for any interruption to service.
Copyright and Trademark
Unless otherwise provided, all copyright and trade marks in the material on the website are owned by or licensed to Thar's. Except as permitted by the Copyright Act 1968 (Cth), no part of the website may be modified or reproduced by any process without the written permission of Thar's.
Liability
To the full extent permitted by law and subject to any rights you may have that cannot be excluded, Thar's, its directors, employees, agents, contractors and related bodies corporate, will not be liable to any person in respect of any loss or damage (including consequential and special loss or damage and any loss of profits) which may be suffered or incurred or which may arise directly or indirectly from or in connection with:
- any use of the web site or of the Information for whatever reason;
- any goods or services purchased or obtained from this web site; or
- any transaction entered into through this web site, whether or not the loss or damage was as a result of error or misrepresentation, negligent act or omission, or any other cause whatsoever.
If any law prohibits the exclusion of such liability, Thar's limits its liability to the extent permitted by the law as follows:
- if the breach relates to goods supplied by Thar's:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired;
- if the breach relates to services supplied by Thar's:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again;
- if the breach relates to the supply of Information, to the re-supply of that information.
Any liability of Thar's that arises out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
Entire Agreement
These Terms and Conditions set out the entire agreement and understanding between you and Thar's and supersede all prior agreements, understandings, representations and warranties, whether express or implied.
Provisions Severable
If any provision of these Terms and Conditions is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected, and such invalid, illegal or unenforceable provision is to be severed from these Terms and Conditions.