- This Jadan Enterprises site at https://www.jadan.net.au/ (“the Site”), is a shopping website where you can browse, select and order products from Jadan Enterprises (hereafter referred to as “Trustee”, “us”, or “we”).
- The ‘buyer’ refers to any legal entity purchasing from us.
- The buyer’s access to and use of the Site, including the buyer’s orders of products through the Site, is governed by these terms and conditions (“Terms”).
- In the event that the whole or any part of a provision of these terms and conditions is void, unenforceable, or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This course has no effect the severance alters the basic nature of this agreement or is contrary to public policy.
- This agreement is governed by the laws of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
- The buyer agrees not to attend to change, add to, remove, deface, hack or otherwise interfere with the Site or any material or content displayed on the Site.
- The buyer agrees to be bound by, and comply with, the Terms.
- By accessing the Site, or making any offer of purchase through the Site, the buyer agrees to comply with the Terms.
- The buyer agrees to comply with all relevant laws relating to their use of the Site and the buyer’s placement of any order through the Site.
- Placing an order for products
- the buyer may order products by selecting and submitting the order through the site in accordance with the Terms.
- Any product, price, or item shown as being available for purchase is an invitation to treat only and is not an offer by us to you which is capable of acceptance.
- The buyer may select any product, or item, at the prices shown on the site and submit them to us (“Order”).
- Any Order to us placed through this Site for a product is an offer by the buyer to purchase the particular product for the price notified (including the delivery and other charges and taxes if applicable) at the time of the placing of the order subject to any other terms and conditions of use. When the buyer Orders product from the us, this constitutes an offer from the buyer to buy these products in accordance with these Terms. Acceptance of the buyer’s order only occurs (and the agreement is formed) when the goods are dispatched by us to the buyer.
- We may ask you to provide additional details require you to confirm your details to enable us to process any Order placed through the Site.
- You agree to provide us with current, complete and accurate details when asked to do so by us and through us by the Site and warrant to us that any information provided to us is current, complete and accurate.
- The buyer agrees that we may, in our absolute discretion and at any time, vary, alter, or replace the product with a similar or comparable product from a different supplier or manufacturer.
- Acceptance or Rejection of an Order
- We reserve the right at any time to reject any Order or offer from a buyer that is made through the Site.
- Each Order placed product through the site that we accept results in a separate binding agreement between the buyer and us for supply of those products. For each Order accepted by us, we will:
- supply the product in that Order to you in accordance with the Terms; and
- provide you with an email confirmation of that Order.
- In the event that we reject an Order placed through the Site, we will endeavour to notify you of that rejection within a reasonable time after you submit your order.
- Back orders
- If after acceptance of an Order, we determine that we do not have a particular product in an Order in stock, or that product is no longer available, then we will use reasonable endeavours the 30 days to order the relevant product (“Back Order”).
- In the event that the Back Order is unable to be fulfilled within 30 days, clause 7 continues to apply.
- Delivery of products
- We will only deliver products in an order to a location where we provide delivery services.
- You agree to comply with certain delivery requirements as specified in these Terms and such other requirements that we notify you when you place your Order through the site, when your Order is accepted, or subsequent to any Order’s acceptance.
- We agree to give you reasonable notice of the time and date of delivery prior to delivery of the Order.
- The buyer agrees that the buyer, or an authorised representative, shall be present to accept delivery of the buyer’s Order.
- We may require the person accepting delivery of your order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, and we may also ask you to show us the credit card for us to conduct our verification checks.
- You acknowledge and agree that any person at the delivery address to receive the product as authorised by you to receive your order and that the address for delivery as stated in the order is the place for delivery subject to any change agreed to by you in these Terms.
- In the event that the buyer or the authorised representative is not present at the time of delivery:
- the buyer agrees and authorises us to deliver the goods at the address for delivery and leave at the address for delivery;
- if the delivery address is a strata title, apartment complex, community development or access to the delivery address is prevented by a security system not allowing delivery to the address for delivery, the buyer authorises us to make delivery to the foyer of the strata title, apartment complex, community development or facility and leave the contents of the Order.
- The buyer acknowledges that packaging or wrapping may be left with the Order once delivered and the buyer agrees that the buyer is responsible for any packaging or wrapping disposal.
- Risk and Title
- Risk and title to the products in an Order passes to you on the date and time of delivery at the delivery address as stated on the Order.
- Fees and charges
- we will charge you, and you agree to pay, the amount of the Order, subject to these terms.
- The buyer agrees to pay for the Order at the time of placing the Order.
- All fees and charges identified in these terms and conditions and prices for the products are in Australian dollars and include GST where applicable.
- The buyer agrees that in the event that any item or product in Order increases in price from the date of the Order due to the cost of the item or product to us increasing, the buyer agrees to pay any increase in the price and the price of that product or item and the amount of the Order shall be varied.
- We agree to notify you of any increase in price to your Order and supply you with a new invoice for the Order to reflect any change in price.
- In the event that you cancel an Order after placing the Order and making payment, we may, but are under no obligation to:
- provide a refund to you by way of cash payment or store credit; and/or
- charge a restocking fee or pass on any other fees or charges incurred by us as a result of the Order.
- Payment Methods
- We shall accept payment for the Order by either credit card, debit card of the types as nominated at the time of placing the Order.
- The buyer authorises us to debit the amount that is payable on an accepted Order from your nominated credit card.
- The buyer agrees not to pay, or attempt to pay, for the amount of the Order through any fraudulent or unlawful means.
- Acceptance of Goods, Damaged Products and Returns
- Upon delivery you are required to examine the goods for the purpose of ascertaining that they are in conformity with the Order. You must notify us if the good are not in accordance with the Order within three (3) business days after delivery, after which the buyer agrees that they will have accepted them.
- Notwithstanding clause 10.1, if the buyer does any act inconsistent with the ownership of the goods of the seller, the buyer shall be deemed to have accepted them.
- In the event that the buyer does reject the goods and refuses to accept them, unless by law or operation of the Terms the buyer is deemed to have accepted them the buyer must return the items or product so rejected to us.
- We will not refund any delivery fee where the products or items have been delivered to you, unless you are returning the product as a result of damage.
- Subject to any other term of this agreement, any term or warranty implied at common law or by statute is excluded from these terms to the extent that it is lawful to do so.
- The buyer acknowledges that the site is provided ‘as is’ and that we do not make any warranty or representation as to the suitability of the site or a product for any purpose.
- Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement.
- Our liability to any buyer for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
- Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
- We may immediately suspend, terminate or limit your access to and use of the site and (where relevant) your account if you breach these terms and conditions.
- We reserve the right to terminate any Order or cancel any agreed Order with you at any time and to refund any amount paid under an Order terminated by us under this clause.
- Changes to these terms and conditions
- These Terms may change from time to time and the buyer acknowledges that they have read these Terms.
- The Terms applying to any Order accepted by us are the Terms that applied at the time you placed your Order.
- We collect, hold, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth).