Nardek Terms and Conditions of Sale
1.1 In these terms and conditions:
"Agreement" means these terms and conditions together with Your Order;
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation;
“Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity;
"Consumer Guarantee" means right or guarantee You may have under the Australian Consumer Law or other rights in relation to the supply of goods or services that cannot lawfully be excluded;
"Delivery Charge” means the charge for delivery of Your Product to You as indicated on Your Order Confirmation;
“Goods” means all products and services agreed to be supplied by Nardek to You from time to time under this agreement;
“GST” means any goods and services tax and any replacement or similar tax;
“Nardek” means Nardek Pty Ltd (ACN 080 691 050) and its agents, servants and employees and any related bodies corporate as defined in the Corporations Act 2001 (Cth) (if such related body corporate is named as the party making or accepting You’s order of Goods);
“Order” means an order placed by You in accordance with these terms and conditions, together with any amendments agreed between Nardek and You;
"Order Confirmation" means the order confirmation issued by Nardek to You indicating acceptance of Your Order;
"Price" means the price for Goods posted from time to time on our Website;
"Website" means Nardek's website, currently located at www.nardek.com.au; and
"You" means the customer as identified on the Order;
2.1 You may place an Order using our Website or by any other method that Nardek offers from time to time. By placing an Order, You make an offer to Nardek to purchase the Goods You have selected subject to this Agreement. Nardek may or may not accept Your offer. The minimum order value Nardek will accept is $25.00 (excluding the Delivery Charge).
2.2 Nardek will only accept Orders that are accompanied by payment of the Price of the Goods.
3. WARRANTIES AND LIABILITY
3.1 With the exception of Consumer Guarantees, Nardek excludes:
(a) any term, condition or warranty that may otherwise be implied by custom, law or statute;
(b) any liability for loss caused by the negligence of Nardek; and
(c) any liability for Consequential Loss.
3.2 To the extent permitted by law, the liability of Nardek in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at the option of Nardek, to any one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired.
4.1 Nardek will make all reasonable efforts to have the Goods delivered to as soon as possible. However, time is not of the essence under these terms and conditions.
4.2 Unless otherwise agreed by Nardek, Nardek will deliver Your Goods to the delivery address shown in Your Order Confirmation. You agree to pay the Delivery Charge.
5.1 The risk of loss in any Product will pass to You on delivery of the Product to the address stated in Your Order Confirmation, irrespective of when payment is completed.
5.2 You agree that title to the Goods remains with Nardek until they have been paid for in full.
6. UNANTICIPATED EVENTS
6.1 Nardek may suspend or cancel delivery of any Goods in the event of any delay or non-performance due directly or indirectly to wars, terrorism, stricks, lockouts, delays or defaults of suppliers, acts of God or any other cause beyond Nardek's reasonable control.
7.1 This Agreement constitutes the entire agreement between You and Nardek for the Supply of Goods.
7.2 This Agreement will be governed by the law of the State of New South Wales. Nardek and You submit to the non-exclusive jurisdiction of the courts of the State of New South Wales.
7.3 Waiver by Nardek of a breach of these terms and conditions or of any right or power arising on a breach of these terms and conditions must be in writing and signed by Nardek. A right or power created or arising on a breach of these terms and conditions is not waived by any failure to exercise or delay in exercising, or a partial exercise of, that or any other right or power
7.4 The invalidity of unenforceability of any provision of this Agreement shall not adversely affect the validity or enforceability of the remaining provisions.
7.5 The purchase of Goods under these terms and conditions does not confer on You any licence or assignment of any copyright, patent, design or trademark, or any other intellectual property right (whether registered, registrable or not) that subsists in the Goods.