Terms & Conditions
Euromaster Smallgoods & Fine Foods
This Agreement is between you and Euromaster.com.au (referred to in this Agreement as “we”, “us” or “our”). We may
change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
REGISTRATION AND USER REQUIREMENTS
You must be a registered member to make orders and access some features of the Website. You will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current. By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at anytime. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction. To register an account and use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.
ACCESS AND USE OF THE WEBSITE
You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law. You must not (or attempt to):interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site; use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site; interfere (or attempt to interfere) with security-related or other features of our site; or use, copy or distribute (or attempt to use, copy or distribute) content without our express permission. We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. You must not use another member’s account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password). We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
DISCLAIMER AND LIABILITY
To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
errors, mistakes or inaccuracies on the Website or our social media pages; you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages; personal injury or property damage of any nature resulting from your access to or use of the Website; any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers; any interruption or cessation of transmission to or from the Website; any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or the quality of any product or service of any linked sites.
You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you. The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only. Orders placed by you are offers to purchase either:a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any third party supplier/merchant terms and conditions at the price specified (including delivery and other charges); or goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges). Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full. We may reject your order, including in circumstances where we believe there may be a credit card fraud, or where we later become unable to ship your order, or if there has been an error in the price or product description on the Website. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in in this Agreement. Please note that change of mind returns are given at our absolute discretion. As a general rule, we will not change or replace your order where you have made an error. In the event that we cancel or are unable to fulfill your order, we will provide a full refund of any payment received.
PRICE, PAYMENT AND USE OF DISCOUNT/COUPON CODES
The prices of goods, delivery and other charges shown are in Australian dollars. All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order. A discount code is only valid for a single transaction, and may not be used in conjunction with any other discounts.
SUPPLY AND DELIVERY OF GOODS
Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best
endeavours to meet stated time frames for delivery, however we cannot guarantee delivery time frames will be met.
GOODS OUT OF STOCK
We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund or store credit (at your election) in the event we cannot fulfill your order.
We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party. You may not:
(a) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, nonexclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.
TRANSFER AND ASSIGNMENT
You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
(a) we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
(b) we shall be entitled to assign the benefit of any agreements we have with you to the third party.
We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control. This Agreement will be governed by and interpreted in accordance
with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
PRIVACY AND PERSONAL INFORMATION