10 AND CO TERMS & CONDITIONS
1.1 10 and Co Pty Ltd (10 and Co) grants you a non-exclusive, limited and revocable licence to use and access the website www.10andco.com In these Terms & Conditions, “us”, “we” and “our” refer to 10 and Co and references to “you” and “your” is to you, the end user. These Terms & Conditions are made in accordance with the laws prevalent in Victoria, Australia.
2 WHAT YOU AGREE TO WHEN USING THIS SITE
- 2.1 By using the Site you agree to be bound by these Terms & Conditions. If you do not agree with these Terms & Conditions you must immediately stop using the Site.
- 2.3 You agree that we may change, update or otherwise amend the Site at our absolute discretion and without notice.
- 3.1 10 and Co may offer you access to controlled areas of the Site or offer you goods & services for sale (Services). You must register the information as requested on the Site in order to access the Services.
- 3.2 Until registered on the Site, you do not have the authority, implied or express, to access the Services and 10 and Co disclaims all liability in relation to your use of this Site.
4 ONLINE TERMS OF SALE
You may purchase goods & services online from the Site. All purchases are subject to these Online Terms of Sale:
4.1 Purchase, Payment & Order
- (a) Any purchase of items from the online store (Order) is confirmed when you complete payment for the items and for delivery. Payments must be made by credit card or any other nominated payment method. Surcharges may apply for certain payment methods.
- (b) Should you wish to change your Order, you must contact 10 and Co as soon as possible – no Orders can be changed once your Order has been despatched.
- (a) 10 and Co shall advise you of any delivery fees applicable prior to despatch. Delivery fees willbe advertised prior to payment for your Order.
- (b) You must provide us with accurate delivery information, including your nominated address(Delivery Address).
- (c) Orders will be despatched as promptly as possible after payment, however stock levels and prior orders may result in delays to despatch. We will endeavour to inform you of the date you can reasonably expect delivery of your Order (Delivery Date).
- (d) You agree to take on the risk for the goods, such as loss or damage, when the goods reach the Delivery Address.
- (e) After taking delivery of the goods, you agree to examine the goods and notify us if there is any defect in the goods within 7 days of the Delivery Date.
- (f) You acknowledged that all products are shipped using third-party couriers and/or postage services. Under no circumstances will 10 and Co be liable for any cost, loss or damage caused by a delay in delivery, including incorrect delivery details provided by you.
4.3 Refunds, Returns & Cancellations
(a) 10 and Co shall provide a refund or exchange on an Order where (without limitation):
- i An incorrect product was sent to you; or
- ii The product is faulty or damaged in some way upon receipt by you.
(b) To receive a refund or exchange you must, within 7 days of receiving the Order:
- i Notify us by email at email@example.com with the problem with the Order, at which time you’ll be given instructions on how to return the items; and
- ii Despatch the items for exchange or refund back to 10 and Co.
(c) 10 and Co reserves the right to decide whether or not to make an exchange or refund until it
has received the returned items.
4.4 Customs, Duties & Taxes
- (a) You will be informed at the time of purchase if the items are subject to Goods and ServicesTax (GST).
- (b) If you order goods from outside Australia, you agree to take responsibility for ensuring thatthe goods can be legally imported into the country of delivery.
- (c) You agree to pay any customs, duties or taxes with respect to the goods that we send to the address outside of Australia.
(a) You agree that you must not resell any products purchased from 10 and Co without the
written permission of 10 and Co.
5 SITE CONDITIONS OF — USE
5.1 It is a condition of use that:
- (a) You are over the age of 18, or if not, your use of the Site is only under the supervision of a parent or guardian;
- (b) You register on the Site to purchase any products and request Services from us;
- (c) You only use the Site for lawful purposes;
- (d) You do not engage in any improper, indecent or offensive behaviour;
- (e) You are not breaking any local, state or federal law in your relevant jurisdiction by accessing this Site;
- (f) You will treat the Site and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us); and
- (g) You must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Site.
- (h) You do not breach any of the Terms & Conditions.
6 SITE AVAILABILITY
- 6.1 By using this site you acknowledge that we are not required to keep the Site available for your use and we make no warranties as to its availability.
- 6.2 We accept no responsibility for the unavailability of this Site, or any offers of Services found on the Site, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Site.
- 6.3 We make no guarantees, implied or express, as to the ongoing availability of the Site or Services.
7 INTELLECTUAL PROPERTY
7.1 All content on the Site and the Services is the copyright and property of 10 and Co. Without
the express written permission of 10 and Co, you shall not:
- (a) Replicate all or part of the Site or Services in anyway; or
- (b) Incorporate all or part of the Site or Services in any other webpage, site, application or other digital or non-digital format.
- 7.2 10 and Co has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of 10 and Co.
- 7.3 10 and Co has intellectual property rights in its products and you shall not seek to recreate, synthesise or otherwise copy any products created by 10 and Co.
- 7.4 All content remains the Intellectual Property, including (without limitation) any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the Customer or any other party with respect to the products.
- 7.5 You agree that by using the site you will not copy the Site or Services for your own commercial purposes. You agree and warrant that you will not solicit a user of the Site to join another competing site or in anyway to stop using the Site in preference of using another site offering comparable services. You indemnify us for any loss or damage we suffer as a result of your breach of this warranty.
8 THIRD PARTY WEBSITES & ADVERTISING
8.1 The Site may from time-to-time contain information & advertising from third-party businesses, people & websites (Third Parties). You consent to receiving this information as part of your use of the Site.
8.2 We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements. .
9 LIMITATION OF LIABILITY & INDEMNITY
- 9.1 You agree that you use the Site at your own risk.
- 9.2 You agree that it is you use any products purchased from 10 and Co at your own risk, and that you must ensure that you can safely use and/or apply any of the ingredients listed on the packaging or labelling of any 10 and Co products.
- 9.3 You acknowledge that we are not responsible for the conduct or activities of any user and that we are not liable for such under any circumstances.
- 9.4 If you are provided with a username & password to access the Services, it is your responsibility to keep your username & password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who it utilising it, whether with or without your permission.
- 9.5 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site, including any breach by you of these Terms & Conditions.
- 9.6 In no circumstances will 10 and Co be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Site or any content, or in any way relating to the Services (or the provision or non-provision of Service), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not 10 and Co knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise
- 9.7 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:
- (a) the re-supply of Services or payment of the cost of re-supply of Services; or
- (b) the replacement or repair of products or payment of the cost of replacement or repair.
9.8 In all circumstances, you agree that any liability of 10 and Co shall not exceed the value of the Order you placed with 10 and Co.
- 11.1 We may end the agreement formed by the Terms & Conditions immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms & Conditions have been terminated you must immediately cease using the Site or Services.
- 11.2 Your use of the Site may be cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Site should you receive a notice cancelling your licence to use the Site.
- 12.1 You can direct notices, enquiries, complaints and so forth to 10 and Co at the details published on the Site. We will notify you of a change of details from time-to-time by publishing new details on the Site.
- 12.2 We will send you notices and other correspondence to the details that you submit to the Site, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.
- 13.1 10 and Co may assign or otherwise create and interest in their rights under there Terms &Conditions by giving you written notice.
- 13.2 10 and Co may in its absolute discretion amend these Terms & Conditions at any time, which shall become effective by giving you notice.
- 13.3 Any provision of these Terms & Conditions, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms & Conditions or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms & Conditions, so far as is reasonably practicable.
- 13.4 These Terms & Conditions form part of an ecommerce transaction and the parties agree that these Terms & Conditions shall be accepted electronically and the agreement to these Terms & Conditions is formed & validly entered into electronically.
- 13.5 The termination of these Terms & Conditions does not affect the parties’ rights in respect of periods before the termination of these Terms & Conditions.