Terms of Sale
Introduction
These Terms of Sale set out how you (the User) can make purchases from our Site. Please read them carefully. We pride ourselves in providing a high level of customer service and ensuring that you are clear in respect of all of your rights relating to your purchase. These terms apply to all purchases made from our site and in proceeding to make a purchase you accept our terms in full.
We are based in Australia and our Terms of Purchase are governed by Australian legislation.
The Terms of Use for our website and our Privacy Statement can be found on separate pages.
It is always our aim that you will be fully satisfied with your purchase. Should you have any questions about your purchase we will be happy to assist.
The Contract Between Us
Your order amounts to an offer to purchase from us. We will confirm receipt of your order by sending you an email summarising the detail of your requested purchase (‘Order Confirmation Email’) and confirming the details back to you; it is at this point that we accept the order and the contract is formed, subject to these Terms and Conditions of Sale. The contract is completed once the items in your order are delivered.
Purchase Terms for Products
We have worked hard to create products of high quality. For the individual detail and specification of each product, please see the product description which accompanies each product listing. Please note that we take all reasonable steps and care to ensure that all details, product descriptions and prices of products are accurate. Although we aim to keep this Site as up-to-date as possible, the information available on the Site may not reflect the availability position at exactly the moment you place an order.
Images of products on our site are for illustrative purposes only. We make every effort to ensure that images are captured and displayed accurately but we cannot guarantee that the products are displayed accurately on your device as you may have alternative settings applied. If you require specific details before purchasing, such as exact colours of products, then please do not hesitate to get in touch via the Contact page on our site. Due to the nature of some of our items, the products that you order and the packaging of the products may vary from the images on the site and we reserve the right to vary, from time to time, the specifications, descriptions and dimensions of products on our site without prior notice.
Payment
All goods must be paid for in full when the order is placed. We will not reserve or despatch goods before payment is received. Ownership of the goods passes to you when payment is made in full.
Please note that when you are making a payment you will be asked to enter card information. We do not have access to your payment information which is processed securely. Should you be required to enter a password to confirm verification, we will not have access to or save any passwords or authentication codes entered onto our site.
Cancellation and Refund Rights
As a consumer purchasing online you have the legal right to cancel your order with us. Your right to cancel begins on the date you place your order and ends 14 calendar days form the day after you receive the product.
You need not provide a reason for cancelling your order; however, you must email us at info@cowragold.com.au to cancel your order. Where possible please include your order number in the correspondence. We will then respond by email to confirm that we have received notification of cancellation.
In circumstances where you have already received your products. You will be required to package up the item and return it at your own cost. All products must be returned in their original packaging and condition, plus any additional packaging for returns. We reserve the right to reduce the amount of any refund offered to reflect any reduction in the value of the product which is caused by the way it is handled or returned by you. Following receipt of the returned products we will arrange for a refund to be returned to the card used for the purchase. Please allow up to 10 working days for the refund to show on your bank statement. You will receive a refund for the price paid for the product, you will not receive a refund for the cost of returning the product to us or for the original delivery charges.
You must return the products within 14 days of the cancellation being confirmed. Return items should be sent to:
Cowra Gold
PO Box 801,
Cowra, NSW
2794
If we have not yet dispatched the product before you cancel then we will process your refund within 14 days of your cancellation.
If you only cancel the order in respect of some and not all of the products ordered then you will not receive a refund in respect of the delivery charges.
Exclusions
Please note that whilst we provide refunds in accordance with the Australian Consumer Law, as set out above, as permitted by that legislation, we are unable to accept refunds of the following:
- Products which are liable to deteriorate or expire rapidly, this includes food and beverages and any hampers or gift boxes containing such items;
- Items which cannot be returned for health and hygiene reasons, unless the returned to us unused and in a fully resealable condition with all hygienic seals in place and unbroken;
- Items which are personalised or made to your specification;
Additional Circumstances
Should you consider that you have grounds to obtain a refund which are not set out above you should email info@cowragold.com.au to set out your refund request.
All refunds are provided in accordance with your statutory rights and will follow guidance as per Fair Trading NSW
Faulty Goods
Nothing in these terms affects your legal rights in respective of products which are defective or not as described.
If you think a product is defective or mis-described then please email info@cowragold.com.au with a detailed description of the fault and, if possible, photographs of any wear and tear or similar damage to the products.
You will need to return your products to:
Cowra Gold
POBox 801,
Cowra, NSW
2794
All returns made as potentially defective will be examined once they have been received by us and we will notify you via email to confirm if you are entitled to a refund. Faulty goods will be replaced with a like for like replacement where possible. If you are entitled to a refund this will be provided within 14 days of when we notify you via email that you are entitled to a refund. If you are entitled to a refund as a result of a defective product, you will receive a full refund of the price paid for the product, the original delivery charges and the reasonable cost of returning the product to us.
Pricing
The prices for all products are quoted in AUD dollars The prices quoted on the website are for one of each item. Prices include GST at the appropriate rate. The product pricing also excludes delivery charges which will be added to the total amount at the checkout.
We may change our prices at any time but changes will not affect any order in respect of which we have already sent you an order confirmation.
It is always possible, despite our best efforts, that some products listed on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge you the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our site, we will contact you to inform you of the error and give you the option of either continuing your purchase of the product at the correct price or cancelling your order. If we are unable to contact you using the details you provided during the order process, we will treat your order as having been cancelled and notify you in writing. We are under no obligation to provide any product to you at an incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Delivery
Unless you are purchasing an item on pre-order or a bespoke customisation (where in such circumstances an estimated delivery date will be provided) delivery will take place within 5 working days of the date of the order confirmation. Our orders are usually dispatched within 3 days and are delivered by Australia Post and should reach you within a 5-8 day period.
If we do not deliver your product within 15 calendar days or, in the case of pre-orders and customisation within the other time period agreed between us, you may contact us to cancel your order. We are not responsible for delays outside of our control. We will contact you as soon as possible to let you know of any delay which may occur to your order and we will take steps to minimise the effect of the delay.
If you provide to us any instructions relating to the delivery of your order (including, without limitation, instructions to leave the products in a particular place, outhouse or with a neighbour), you are responsible for ensuring the accuracy of these instructions and we shall not be liable to you in relation to any loss of or damage to the product resulting from our following of your instructions. Delivery will be complete when we deliver the product to the address you gave us or in accordance with your other instructions.
International Delivery
We deliver to certain countries outside of Australia. Please contact us by email to check whether we can deliver to your required location and so that we can provide you with a quote as delivery charges will be calculated by destination and weight of the items which will vary on each occasion. Orders to outside Australia may be subject to import duties and taxies. You will be responsible for payment of such amounts which are not set by us but set by each location. You will also be responsible for complying with all of the requirements made by customs authorities. Please contact your local customs office for further information before placing your order.
Warranty and Liability
We warrant to you that any product purchased from us will be of satisfactory quality, free from material defects and reasonably fit for all the purposes for which products of the kind are commonly supplied.
We will not be liable for any defect in the product arising from fair wear and tear, failure by you to follow specific care instructions, wilful damage, abnormal storage, accident, negligence by you or any third party or any alteration or repair made by you or a third party.
Our liability for any losses you suffer as a result of us breaking these terms is limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking these terms. Losses are foreseeable if they are an obvious consequence of a breach or they were contemplated by you and us at the time the purchase was made.
We shall not be responsible to you for any delay or failure to comply with our obligations under these terms if the delay or failure arises from any course beyond our reasonable control.
We do not exclude or limit in any way our liability:
- For death or personal injury caused by our negligence;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We only supply products for domestic and private use and you agree not to use any products for commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Law and Jurisdiction
These terms and any claim or dispute arising in relation to any purchase will be construed in accordance with Australian law. The courts of New South Wales, Australia shall have exclusive jurisdiction to settle any such claim or dispute.