You agree that by placing an order for product or verbally engaging The Fly Lady you have entered into an Agreement with The Fly Lady and you agree to be bound by these Terms and Conditions. Nothing in the Terms and Conditions are intended to restrict statutory warranties contained in Australian consumer law.
The Customer hereby agrees and acknowledges that these terms and conditions apply to orders received by The Fly Lady whether in person, by text, phone call, email or via www.theflylady.com.au.
“We” “us” and “our” and “The Fly Lady” refers to The Fly Lady. (ABN 61 840 232 890) Your access to and use of all information on this website including the purchase of our product/s is provided subject to the following terms and conditions.
Definitions
In these
terms and conditions, the following definitions apply:
‘Customer’
means the purchaser of Goods.
‘Fee’ means
the total amount payable by the Customer to The Fly Lady for Goods
purchased
‘Goods’
means any of the products supplied to the Customer by or on behalf of The Fly
Lady.
‘Invoice’
means the invoice issued by The Fly Lady in relation to the purchase of Goods
by the Customer. ‘Order’ means any offer
made by the Customer to The Fly Lady to purchase Goods.
Terms of Trade
Each Order
entered into between the Customer and The Fly Lady shall be governed by these
Terms and conditions.
The Fly
Lady reserves the right to amend, vary, modify and/or replace these Terms of
Trade at any time, and from time to time.
Orders
When you order from us, we
require you to provide your business name, contact name, address for delivery,
(PO BOX addresses not accepted) your email address, mobile telephone number and
credit card details for authorisation. We undertake to take due care with this
information; however, in providing us with such information you accept that we
are not liable for its misuse due to an error in transmission or virus or
malware.
Packaging and postage are
an additional charge, calculated at the time of purchase.
Title of the goods passes
to you only when we have received payment. All risk of loss or damage
to the goods passes to you, once you receive the goods.
Fees and Pricing
All costs,
as appearing on the invoice, shall be payable in Australian dollars prior to
delivery or “Due Date”. The Fly Lady shall be entitled to charge the following to the Customer: In the event that the Fees are not paid in full by the Due Date, interest
of two point five percent (2.5%) per annum on any amount owed; Should it become necessary for The Fly Lady to enforce any term of this
Agreement either through legal representation, collection agency, or directly
through a small claims Court, then the Customer agrees that it shall pay all
reasonable legal fees, agency fees, court costs, and other reasonable
collection costs;An administration fee of Twenty Five dollars ($25.00) in the event that any
cheque presented by the Customer to The Fly Lady is not honored.
Delivery of Goods
The Parties
agree that delivery of any Goods purchased by the Customer shall be delivered
to the Customer’s premises and that the Customer shall pay all reasonable
transportation costs in respect to the delivery of those goods (including but
not limited to freight charges).
The
Customer acknowledges and agrees that any delivery date given by The Fly Lady
is an approximate indication only, and that The Fly Lady shall not be held
liable should any delivery be made after that date.
The
Customer may not hold The Fly Lady liable for any Goods lost or damaged in
transit whilst being delivered, through whatever cause including negligence,
and any carrier of those Goods shall be deemed
as agent of the Customer even where said carrier has been engaged by The Fly
Lady.
The Fly Lady delivers Australia
wide to residential and business addresses. To guarantee the safe arrival of
your order, all shipments will require a signature on delivery.
The
Customer understands and agrees that The Fly Lady shall not be held liable for
any late delivery or failure to deliver caused by a force majeure event,
including not limited to strikes, viruses, explosions, floods, riots, lockouts,
injunction, interruption or transport accidents, inability to obtain equipment,
government action, mechanical breakdown, interruption to internet service, any
interruption, suspension, war, or an act of God. The Fly Lady may with the
consent of the Customer cancel the Order, after which the Customer shall have
no further claim on the Goods.
Refunds and Returns
To the
extent permissible by law, The Fly Lady will not refund, exchange or redeem for
cash any Fee or Deposit made to it for Goods (“Payment”), unless otherwise
agreed by The Fly Lady in writing. The Fly Lady will only exchange a Payment where The Fly Lady has made a
fundamental error or mistake, in which case the exchange shall be limited to a
replacement or reparation of the Goods.
Goods returned by the Customer without the consent of The Fly Lady shall
not be accepted for credit and The Fly Lady shall be entitled to: Return the Goods to the Customer at the Customer’s sole expense; or Hold the Goods as a security against any Fees owed by the Customer, and may
sell the Goods and apply those proceeds to any debt owing by the Customer to
The Fly Lady.
If The Fly
Lady consents in writing to the return of the Goods, The Fly Lady shall charge
an additional handling fee of ten percent (10%) of the original Fee for the
Goods returned (in addition to the forfeited Deposit, if any). In addition, all
transportation costs shall also be payable by the Customer.
Cancellation In the event the Customer cancels the Order after the Goods have been dispatched to the courier, the Customer shall be required to pay the full Fee.
Specifications
In the
event that the Customer decides to amend or change any specifications in
respect to the Goods ordered, the Customer agrees that such request for changes
shall be made in writing to The Fly Lady, and that the Customer shall cover any
additional costs incurred by The Fly Lady in respect to those variations.
Ownership
Title to
the Goods delivered to the Customer will not pass to the Customer until all Fee
in respect to those Goods have been paid in full. All risk of loss, damage or injury to the Goods will pass to the Customer
from The Fly Lady upon delivery of the goods to the address specified at the
time of order. It remains the customers responsibility ensure the correct delivery address
details are submitted with each order.
Any changes/updates to the delivery address are required in writing (via
text or email)
Breach
In the
event that: The Customer fails to pay the Fee by the Due Date; Any cheque, promissory note, or other bill of exchange given to The Fly
Lady is not honored on its first presentation;
An application or order is made for the winding up or sequestration of the
Customer or an application or order is made to place the Customer under
external management or administration; Any of the assets of the Customer or any of the Goods in the possession of
the Customer which have not been paid in full, are seized pursuant to a legal
process issued against it; A receiver, manager, controller, administrator, external manager or trustee
is appointed over any of the assets of the Customer; or The Customer ceases to carry on business, Then The Fly Lady shall be entitled to without prejudice and in addition to
all rights granted pursuant to these Terms of Trade or at law or equity to: Continue to enforce its rights and recover any amounts owing by the Customer;
Claim immediate payment of all monies due by the Customer, notwithstanding
the Due Date.
Warranties
To the
extent permissible by law, The Fly Lady makes no representations, whether
express or implied, as the merchantability, condition, durability or fitness
for purpose for which the Goods are used. Further any implied warranty as to
latent defects is expressly excluded. Without limiting the foregoing. At no stage and in no event shall The Fly Lady be responsible for any loss,
damage, cost, or expense suffered, incurred or sustained by the Customer
arising out of or through the negligence of The Fly Lady, its agents, or
employees. The warranty is limited to all dispensers using/fitted with The Fly Lady
Insect Spray aerosol cans only. Any
dispenser using unauthorised aerosol can or product will negate the validity of
the warranty immediately. Defects in the dispenser, due to materials or manufacturing faults, will be
covered by The Fly Lady warranty for 12 months from date of purchase. A photo of the defective item will be
required to support your claim. The
goods will remain your responsibility during transit until such time as they
are received by The Fly Lady staff. We will not accept liability for any loss
or damage which may occur during transit.
We do not pay return delivery fees.
Any damage
incurred due to inappropriate use, overuse of force, dropping, inappropriate
installation (IE double sided tape / resting on a shelf) or mishandling, is not
be covered by this warranty. Warranty will be void if repairs or modifications are undertaken without
written approval from The Fly Lady. Liability shall not in any case exceed the cost of replacement of the
dispenser and in no case shall the Fly Lady be held liable for any
consequential loss or damage or negligence resulting from the use of the
dispenser or aerosol cans. The warranty obligations do not extend to cover the liability of failing to
perform or inadequately performing. Please contact us if for any reason you are not
satisfied. In most cases, we are able to
work with our customers and give them the help and guidance they need to get
the most out of their dispensers.
Similarly
warranty does not cover battery life or battery performance. The Fly Lady warrants that all Goods provided are in accordance with
industry and manufacturing standards. The warranties contained herein shall not be read or applied so as to
purport to exclude, restrict or modify the application in respect to the supply
of Goods or services pursuant to these Terms of Trade of any or all of the
provisions of the Competition and Consumer Act 2010 (Cth) (“CCA”) or any other
statute of any state or territory of Australia which by law cannot be excluded
or modified.
Limitation of Liability
Except as
provided for in these Terms of Trade, The Fly Lady makes no representation of
any kind, express or implied with respect to the provision of the Goods.
To the
extent any warranty is made, the sole and exclusive remedy for a breach of any
warranty is at The Fly Lady’ option to either replace or repair the Goods in
question.
To the
extent permitted by law, all conditions, warranties, and terms implied by law
and any liability for consequential or indirect damages are excluded from these
Terms of Trade.
This Agreement
This
Agreement shall be subject to the laws of Queensland, and the parties
irrevocably submit to the non-exclusive jurisdiction of the Courts of
Queensland.
Any
provision of, or the application of any provision of, this Agreement which is
prohibited in any jurisdiction is, in that jurisdiction, ineffective only to
the extent of that prohibition.
Any
provision of, or the application of any provision of, this Agreement which is
void, illegal or unenforceable in any jurisdiction does not affect the validity,
legality or enforceability of that provision in any other jurisdiction or of
the remaining provisions in that or any other jurisdiction.
If a clause
is void, illegal or unenforceable, it may be severed without affecting the
enforceability of the other provisions in this Agreement.
The failure
of either party at any time to require performance by the other party of any
provision of this Agreement does not affect the party’s right to require the
performance at any time.
The waiver
by either party of a breach of any provision must not be held to be a waiver of
any succeeding breach of the provision or a waiver of the provision itself.
This
Agreement supersedes all previous agreements, arrangements, understandings,
representations or any other communication in respect of the subject matter of
this Agreement and embodies the entire agreement between the parties.
This
Agreement may not be changed or modified in any way subsequent to its execution
except in writing signed by the parties.
In this
Agreement, headings are for convenience only and do not affect the
interpretation of this Agreement and, unless the context otherwise requires:
(a) words importing the singular include the plural and vice versa;
(b) words with a capital letter where defined in this Agreement have that meaning;
(c) words importing a gender include any gender;
(d) other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a corresponding meaning;
(e) an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and vice versa;
(f) a reference to anything (including, but not limited to, any right) includes a part of that thing;
(g) a reference to a party in a document includes that party’s successors and permitted assigns;
(h) a reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute;
(i) a reference to a document or agreement includes all amendments or supplements to, or replacements or notations of, that document or agreement.
The Customer indemnifies The Fly Lady against any or all taxation
liability arising from this Agreement or Services provided to the
Customer.
The
foregoing provisions of this Agreement apply except as otherwise agreed in
writing between the Customer on the one hand and The Fly Lady on the other.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We, therefore, recommend that each time you access our website you read these terms and conditions.