Welcome to www.cartonwheels.com.au(the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
The Website is operated by ELF Digital Pty Ltd ("Cartonwheels"). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by ELF Digital Pty Ltd ("Cartonwheels"). Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.
ELF Digital Pty Ltd ("Cartonwheels") reserves the right to review and change any of the Terms by updating this page at its sole discretion. When ELF Digital Pty Ltd ("Cartonwheels") updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by ELF Digital Pty Ltd ("Cartonwheels") in the user interface.
In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
You warrant that any information you give to ELF Digital Pty Ltd "Cartonwheels") in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website ("Member") and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
You may not use the Purchase Services and may not accept the Terms if:
other countries including the country in which you are resident or from which you use the Purchase Services.
As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the "Purchase Price").
You will use the Purchase Services only for purposes that are permitted by:
a. Eway (the "Payment Gateway Providers")
Following payment of the Purchase Price being confirmed by ELF Digital Pty Ltd ("Cartonwheels"), you will be issued with a receipt to confirm that the payment has been received and ELF Digital Pty Ltd ("Cartonwheels") may record your purchase details for future use.
ELF Digital Pty Ltd ("Cartonwheels") may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
If you receive damaged products, it is expected that upon inspection you will reject the delivery and hand the products back to the delivery personnel. If you do not notify Cartonwheels of damaged goods upon delivery, no claim for return and/or compensation will be accepted. Cartonwheels has sole discretion for: credit, replacement, exchange or repair.
If you order and receive Perishables (Vegetables, Cold, Frozen Products etc), You acknowledge and agree that upon inspection you will reject the delivery and hand the products back to the delivery personnel. If you do not notify Cartonwheels upon delivery, no claim for return and/or compensation will be accepted.
Cartonwheels has sole discretion for: credit, replacement, exchange or repair.
In case of a defective goods sent over 3rd party couriers, we will refund the return postage upon successful inspection of the product once received. In all other normal cases, You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund.
ELF Digital Pty Ltd ("Cartonwheels")'s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the "Warranty").
You may make a claim under this clause (the "Warranty Claim") for material defects and workmanship in the Products within from the date of purchase (the "Warranty Period").
In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to ELF Digital Pty Ltd ("Cartonwheels") showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to ELF Digital Pty Ltd ("Cartonwheels") or by email at firstname.lastname@example.org
Where the Warranty Claim is accepted then ELF Digital Pty Ltd ("Cartonwheels") will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
The Warranty shall be the sole and exclusive warranty granted by ELF Digital Pty Ltd ("Cartonwheels") and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
You acknowledge that the Purchase Services offered by ELF Digital Pty Ltd ("Cartonwheels") integrate delivery (the "Delivery Services") through the use of their own delivery services (the "Delivery Service Providers").
In the event that an item is lost or damaged in the course of the Delivery Services, ELF Digital Pty Ltd ("Cartonwheels") asks that you: (a) contact us by sending an email to email@example.com outlining in what way the Products were damaged and we can discuss about refund and other possible solutions.
Orders will be delivered within 7 business days (since order date). If the order is not delivered within 7 business days, we will notify you (email and/or Phone) about your order status and expected delivery time.
All deliveries are made to the address as given by you, and you will be available in person to receive the delivery.
If you are not available during delivery, we can leave the order at your door if we have your written consent to do so prior to delivery.
We will not be responsible if the parcel is reported as missing after the delivering the order at your door with your written consent.
If you are not available to receive the delivery and we have not received your written consent to leave the delivery at your door, then we will have to re-schedule the delivery. You will be paying for the delivery charges. Delivery charges are based on your delivery suburb.
The Website, the Purchase Services and all of the related products of ELF Digital Pty Ltd "Cartonwheels") are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the "Content") are owned or controlled for these purposes, and are reserved by ELF Digital Pty Ltd ("Cartonwheels") or its contributors.
ELF Digital Pty Ltd ("Cartonwheels") retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
You may not, without the prior written permission of ELF Digital Pty Ltd ("Cartonwheels") and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
You acknowledge that ELF Digital Pty Ltd ("Cartonwheels") does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
ELF Digital Pty Ltd ("Cartonwheels") will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
Use of images in the products, Categories, Sub-Categories, Brand etc may not be the images of the actual product. Images are only for the representational purpose.
Use of the Website, the Purchase Services, and any of the products of ELF Digital Pty Ltd ("Cartonwheels") (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of ELF Digital Pty Ltd ("Cartonwheels"), are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of ELF Digital Pty Ltd ("Cartonwheels") available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of ELF Digital Pty Ltd ("Cartonwheels")) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
ELF Digital Pty Ltd ("Cartonwheels")'s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of ELF Digital Pty Ltd ("Cartonwheels") is the resupply of information or Purchase Services to you.
You expressly understand and agree that ELF Digital Pty Ltd ("Cartonwheels"), its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
ELF Digital Pty Ltd ("Cartonwheels") is not responsible or liable in any manner for any site content including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of ELF Digital Pty Ltd ("Cartonwheels"), by third parties or by any of the Purchase Services offered by ELF Digital Pty Ltd ("Cartonwheels").
You agree to indemnify ELF Digital Pty Ltd ("Cartonwheels"), its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ("Dispute") has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ("Notice") by that other party, the parties to the Terms ("Parties") must:
a. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The Purchase Services offered by ELF Digital Pty Ltd "Cartonwheels") is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.