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.
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.
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.
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.
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)
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.
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 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
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.