1. The owner of this web site is Lifetime Distributors Pty Ltd whose address is Suite 106, 29-31 Solent Circuit, Baulkham Hills NSW 2153, Australia. Registered in Australia under ABN 70 050 496 716
2. Your contract for purchases made through the site is with Lifetime Distributors Pty Ltd, and you undertake that any and all goods ordered by you are for your own private and domestic use only.
3. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
4. You agree that e-mail can be used as a long-distance means of communication.
5. No contract for the sale of any product will subsist between you and Lifetime Distributors unless and until Lifetime Distributors accepts your order by way of an e-mail confirming that it has received payment in full either by payment via this website or made directly to a franchisee of Lifetime Distributors for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Lifetime Distributors sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by Lifetime Distributors of your offer to buy goods from Lifetime Distributors.
6. You must check that the details on the confirmation e-mail are correct as soon as possible and you should print out and keep a copy of it.
7. Lifetime Distributors will not pass on your personal or credit or debit card details to any third party. We shall be entitled to process your data in accordance with the terms of our Privacy Policy Please view this document for further information.
8. You undertake that all details you provide to Lifetime Distributors for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
9. If there are any changes to the details supplied by you it is your responsibility to inform Lifetime Distributors as soon as possible before logging into the Site.
10. Exchanges and refunds can be made as detailed in the Exchange and Refunds section of the site.
11. You may cancel your order at any time prior to your order being processed. Lifetime Distributors can accept cancellations by email to enquiries@lifetimedistributors.com.au or by post or by telephoning your regional Lifetime office during normal office hours. You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days after the day after you receive the product by:
(a) sending the notice of cancellation by email to enquiries@lifetimedistributors.com.au ensuring that you quote your name, address and order reference number; or
(b) where you have already received the goods, returning the goods to Lifetime Distributors unopened together with the original invoice. Lifetime Distributors will refund you the purchase price of the goods. No other costs or expenses incurred by this cancellation shall be refunded.
12. Once Lifetime Distributors receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to Lifetime Distributors from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by Lifetime Distributors in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to Lifetime Distributors.
13. Lifetime Distributors reserves the right to make a 15% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at its sole discretion. Your statutory rights are not affected.
Liability
14. This section applies only to the extent permitted by law.
15. Lifetime Distributors does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
16. If an error is discovered in the price of the goods that you have ordered, Lifetime Distributors will inform you as soon as possible. In the event that you order an item and the price published on the site is incorrect for any reason, Lifetime Distributors will contact you to let you know the correct price and ask you whether you still wish us to fulfill your order at this price. Lifetime Distributors shall be under no obligation to fulfill an order for a product which was advertised at an incorrect price. Lifetime Distributors shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, Lifetime Distributors shall refund the full amount in accordance with these terms.
17. Lifetime Distributors will do its best to correct errors and omissions as quickly as practicable after being notified of them.
18. TO THE FULLEST EXTENT PERMITTED BY LAW, LIFETIME DISTRIBUTORS IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, LIFETIME DISTRIBUTORS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
19. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Lifetime Distributors shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Lifetime Distributors of the problem in writing at the address stated in the confirmation e-mail within five working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
20. You and Lifetime Distributors will only be liable under these terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
21. The products sold on the site are provided for private domestic and consumer use only. Accordingly, Lifetime Distributors does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the site or for any products or services purchased from Lifetime Distributors.
Processing of orders
22. Credit and Debit cards are debited on the day of shipping by Lifetime Distributors. All prices include sales taxes (where applicable) unless otherwise stated.
23. Every purchase you make shall be deemed performed in the Australia or New Zealand. Australian law shall govern every aspect of contractual agreement concerning purchases made from the Site.
24. Lifetime Distributors aims to arrange shipment of all ‘in stock’ items within 48 hours of receiving your order and where you have requested delivery by post option. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. Where orders are delivered free of charge to places of work, deliveries shall be made as part of our franchisees normal fortnightly sales cycle.
25. Our standard Returns Policy applies to all purchases from Lifetime Distributors.
Delivery/Title/Risk
26. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in installments.
27. Title to any product ordered will pass to you once Lifetime Distributors has received payment in full for that product. Risk in any product ordered will pass upon delivery to you.
29. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
30. For Christmas Deliveries, we recommend that you order by the 12th December. We will endeavor to dispatch all ‘in stock’ orders within 48 hours, or as part of our franchisees normal sales cycle however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.
Miscellaneous
31. Lifetime Distributors shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
32. Lifetime Distributors shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
33. No waiver by Lifetime Distributors of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
34. You may not permit; create unauthorized framing of, or deep linking to the site or the creation of derivative works thereof from any other website under your management or control.
35. It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Lifetime Distributors tracks the electronic ‘fingerprints’ of every order placed on the Site to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
37. Lifetime Distributors may amend these terms from time to time, and place the new version on the site. When Lifetime Distributors do so, it will mention the fact on our home page. For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise; such changes will be effective against existing users thirty days following posting of the amended version on the site. Your continued use of the Site following Lifetime Distributors posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the site.
38. These terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Lifetime Distributors and you relating to your purchase. Lifetime Distributors advises that you to print off and keep safe a copy of these terms and conditions once your order has been accepted. We will store a copy of the contract entered into by you with Lifetime Distributors. You are advised to read (and are responsible for reading) fully all information on this website.
39. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
40. These Terms are subject to the laws and exclusive jurisdiction of Australia.
41.Copyright Notice
All contents of this web site, including text, pages, documents, graphics, are copyright to either Lifetime Distributors Pty Ltd or their suppliers.
No part of this web site may be reproduced, reused, or transmitted in any form by means digital or mechanical, without the prior written permission of Lifetime Distributors and/or their suppliers. Material from the site may be printed or downloaded for personal use only, and all copyright and other proprietary notices must be retained.
42.Liability Disclaimer
Every effort has been made to ensure the accuracy of the information contained on the Lifetime web site. Lifetime Distributors however, shall have no liability to any person or entity with respect to any inaccuracy, misleading information, loss or damage caused directly or indirectly by the information contained on the site.
There is no guarantee that the site will be free of viruses or any other contaminating or destructive properties although every precaution has been taken.
43.Price and Availability of Titles
All prices given on this site are in Australian dollars unless otherwise indicated and are inclusive of GST at the prevailing rate, and all items listed should be currently available; however as our database is updated on a regular basis slight discrepancies may arise occasionally. 'Currently available' material is defined as items that can be reliably supplied within the terms of delivery as stated. In other words, stock must be in Lifetimes warehouses. The online catalogue will also contain only those titles which are published or distributed in this region by Lifetime Distributors.
From time to time some titles may not be available due to the fast moving nature of our business. Whenever possible Lifetime will ensure delivery of those titles ordered. If however on occasion titles are no longer available you will be notified by your preferred method of communication and will be offered an alternative product.
|
