PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. DO NOT USE THE SITE IF YOU DO NOT AGREE TO ALL OF THESE TERMS.
If you have any questions regarding the use of our site, please contact us. 1. Introduction
2. Intellectual Property
- In these Terms and Conditions "our website" means the URL www.Snowys.com.au, "we", "us" and "our" means Snowys, and "you" and "your" means you, the customer.
- These Terms and Conditions together with your order and the order reference number provided to you constitute the entire contract between us and you for the supply of products. No other Terms and Conditions will apply.
- Snowys reserves the right to change or modify these Terms and Conditions or any policy or guideline of Snowys.com.au at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting on our website.
3. Formation of Contract
- All images, text and design on this site are the sole property of Snowys.com.au or, in some cases, a third party.
- Content on this site cannot be copied or used in any way without the written consent of Snowys.com.au. Failure to adhere to this may result in breach of copyright or trademark, or other laws leading to civil and criminal prosecution.
- Notwithstanding the above Snowys.com.au customers and visitors may email or print off information to send to family or friends for the purposes of making purchasing decisions from Snowys.com.au.
4. Australia-only Website
- You offer to purchase products from us through our website.
- Your offer is made by completing and submitting your order.
- Our acceptance of your offer is confirmed by us providing you with an order reference number.
- Once we provide you with the order reference number a binding contract is formed.
5. Legal Capacity to Transact
- We only sell and deliver within mainland Australia and mainland Tasmania.
6. Processing your Order
- If you are under eighteen (18) years of age, you cannot order via our website.
7. Payment Methods and Processing
- Upon completing your order and submitting it through the checkout system, an order reference number will be issued to you via a confirmation email.
- We will not process your order until it has passed our internal validation procedures, for the purpose of preventing credit card or payment fraud.
- Upon processing your order and receiving payment we will send you a confirmation email which is your Tax Invoice.
- We reserve the right to refuse service or supply of the products, or to terminate the contract and/or your account at our sole discretion.
- If we cannot process your order after receiving payment, we will contact you using the details entered at the checkout.
- We currently accept VISA, MasterCard, BPay and PayPal.
- Orders placed on weekends or public holidays will be processed on the next business day.
- Business days are Monday to Friday, excluding Public holidays.
- We process payments only after you successfully complete the checkout.
- Your tax invoice is your proof of purchase and is required for returns, exchanges and any warranty claims.
- Where you pay by BPAY you must pay the amount payable as indicated on your Order Confirmation within 5 days from the date that you receive your Order Confirmation.
- If a BPAY payment is not received within 7 days from the date that you receive your Order Confirmation, we reserve the right to cancel the transaction.
- For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Where you pay by BPAY a tax invoice will be sent to you via email before your payment has been confirmed. This tax invoice becomes your proof of purchase when your BPAY payment is received by Snowys.com.au.
- Please Note:
- We are unable to accept credit cards issued by banks outside of Australia.
- Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
- You may be required to provide further identification for additional security reference checks.
- Credit card information entered during the ordering process will be deleted upon transaction completion.
- All purchases on applicable Products include GST at the rate of 10%.
- We always strive to list our products with the most competitive prices.
- We reserve the right to modify prices published on our website at any time.
- The price of products shown includes delivery and shipping costs.
- We do our best to keep stock of most items listed on our website. However due to the volume and timing of orders received we cannot guarantee stock availability at any specific time.
- In the event of stock-outs we will notify customers as soon as possible after their order is received. Customers will have the option to cancel their order, accept an alternative product, or accept an extended delivery schedule.
12. Title and Risk
- Delivery times can take between 3 and 8 business days (Monday to Friday excluding Public holidays) from the date payment is received. Please note that BPAY payments take 1-2 business days to process.
- Although every effort is made to ship your order according to the estimated delivery times provided, estimated delivery times may change due to changes in supply or circumstances beyond our control. If your order has not arrived after the estimated delivery time, please contact us.
- We will deliver each ordered product(s) to the place of delivery designated by you.
- We provide free delivery within mainland Australia and mainland Tasmania for all products purchased through Snowys.com.au
- Unless otherwise agreed by us, we will deliver your order to the address indicated on your Order Confirmation.
- If no-one is available to take delivery of parcels too big for your letterbox, our carrier will leave a card so you can pick-up your order from your local Post Office or courier depot.
- If you provide your “Permission to Leave” during the checkout process whereby you give permission for your order be left in a nominated location at the delivery address you agree that delivery is effected once this has been done.
- We will use our reasonable efforts to deliver your order to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
13. Cancelled Orders
- Title to and risk in the products will pass to you upon delivery from us.
14. Consumer Guarantees
- Please choose carefully and review all products in your shopping bag when completing the checkout process as your order cannot be cancelled once we have provided you with an order reference number.
15. Product Warranty
- Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees.
- For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au.
- If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund.
- If a Product has a major defect, you are entitled to:
- Reject the goods and receive a refund
- Reject the goods and receive an identical replacement, or one of similar value if reasonably available, or
- Keep the goods and receive compensation for the drop in value caused by the problem.
16. Faulty, Damaged or Defective Product
- All items we sell are covered by a minimum 12 months manufacturer’s warranty.
- Please contact the manufacturer of your product for more information on their precise warranty terms and conditions.
- A manufacturer’s warranty is valid with proof of purchase on the original goods within Australia and commences from the purchase date on your invoice. Product warranty is NOT transferable.
- You agree that you will look solely to those warranty(s) provided by those manufacturers and in the first instance, contact the manufacturer for all warranty claims.
- However we will do everything we can to ensure valid warranty claims are handled and expedited efficiently and effectively.
- Be sure to keep your tax invoice as proof of purchase. To request another copy or for any assistance with a warranty claim please contact us via email and include your name and order reference number.
- We reserve the right to require identification, proof of purchase, or additional verifiable information to help locate the purchase in our records.
17. Snowys 100% Satisfaction Guarantee
- Where a product is determined to be defective we will arrange to replace the product and to arrange return of the defective product at our expense.
- If the product is deemed by us or our representatives NOT to be defective, we may, in our absolute discretion, refuse to replace the product or offer a refund.
- We reserve the right to test any returned defective product. If the condition of the product was misrepresented to us by the customer, we may impose a handling and administration fee.
- Products damaged in transit must be reported to us within 24 hours of receipt of the product.
18. Return of Products
- If you receive a product from us that you want to return or exchange for something else, we will do so under the terms of our 100% Satisfaction Guarantee.
- This means we will accept returns or exchanges within 30 days of delivery to you provided the items are in an unused condition and in their original packaging.
- Please see Returns and Exchanges
19. When a Replacement Product is arranged
- Products must be returned whenever we agree to provide you with a refund or replacement.
- Where you received a defective product we will send you a return voucher which you must affix to the product. We will pay for returned items automatically if you notify us of your claim within 30 days of delivery.
- It is your responsibility to facilitate the return and to ensure the goods are adequately packaged to ensure that they are not damaged during return delivery to our warehouse.
20. When a Refund is arranged
- A replacement for the same product ordered will be delivered at our expense after we have received the original faulty, damaged or defective product.
- The delivery time for the replacement product may be the same as stated for the original product.
- Replacement products are provided with the same warranty as the original product.
21. Discount Voucher Codes
- No refund will be processed until we have received the product from you.
- Refunds will only be issued to the same credit card or debit card used for the original purchase.
- If a gift card or voucher was used to pay the original price, we may give you a store credit for an equivalent amount.
22. Gift Cards
- Discount Voucher Codes generate a discount from your Shopping Bag value.
- To redeem, simply enter a valid code at the Shopping Bag page then click the "Redeem‟button.
- All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at the discretion of Snowys.com.au.
- Discount Voucher Codes cannot be used in conjunction with any other offer or discount.
- If you are unable to use a Promotional Code, please contact us.
- Gift cards can be purchased and redeemed at Snowys.com.au, by phone on 1300 914 007, or at Snowys retail store, 92 Richmond Road, Keswick, SA 5035.
- Gift cards expire 12 months from the date of issue.
- To redeem online, simply enter the Gift Card number and PIN at the Shopping Bag page then click the 'Redeem‟button.
- In the process of redeeming your gift card, if your purchase exceeds the amount of the gift card, you will need to pay the balance. When redeeming online or by telephone, this balance shall be paid by credit card.
- Conversely, any unused balance will be available for future purchases but it is up to the card holder to use the full value within the validity period.
- Any unused balance cannot be refunded or credited when the card expires.
- Gift cards ordered through Snowys.com.au for postage will be sent at no charge in a special "Gift Card" envelope.
- Gift cards ordered through Snowys.com.au for email delivery usually arrive within 24 hours, also at no charge.
- Gift cards are not redeemable for cash and are not refundable if lost or stolen.
24. Our Liability
- Snowys.com.au BIDS4BARGAINS™ offers customers an opportunity to bid for a range of products at a price they are willing to pay.
- There is a limited number of the same product available and the highest number of bids equal to the number of products available will win the product.
- Bidders will be notified within 24 hours of bids close-off tme if they are one of the winning bids.
- To the extent permitted by law:
- We will not be liable for any loss of income, loss of profits, loss of contracts or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
- Our maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.
- Any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by Snowys.com.au shall be subject to correction without any liability on the part of Snowys.com.au.
26. Your Personal Information
- Every effort is made to ensure all content on Snowys.com.au is accurate and reliable.
- However, we reserve the right to cancel any orders made for a product at an incorrect price, which may be due to typographical errors or incorrect pricing information from suppliers.
- If an order is cancelled and the customer has already been charged, Snowys.com.au will refund all money paid back to the customer.
27. Credit Card Fraud
- By placing your order, you agree that we may store, process, and use data collected from your Order Form for the purposes of processing your order.
28. Fraud Protection and Prevention
- Whilst we employ the latest in Secure Sockets Layer (SSL) technology and use NAB Secure Payment Gateway, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
- McAfee quality and high performance software is also deployed on our servers to ensure a safe and secure shopping experience.
- When you place your Order by either a Credit Card or PayPal you may be sent an email from our Fraud Prevention Officer requesting further information, such as a copy of your credit card and Driver's License for identification. After verification this information will be destroyed.
- In this case, until your order has passed our internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid.
- These information requests are meant to help protect Credit Card and PayPal account holders from online fraud.
30. Force Majeure
- You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Snowys.com.au. Any unauthorised assignment shall be deemed null and void.
- If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
- Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
- Snowys.com.au reserves the right to change the Terms and Conditions of sale at any time.
- No Snowys.com.au employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
We shall not be liable for any delay in performing any of our obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Snowys.com.au, and Snowys.com.au shall be entitled to a reasonable extension of time for the performance of such obligations.