Terms & Conditions of Purchase Acceptance
The “Hamish McBeth” website (“website”) is ownedandoperatedby Hamish
McBeth Pty Ltd (ACN118205306). Your use of the website is conditional upon your
acceptance and compliance with the terms, conditions, notices and
disclaimers set out below ("Terms and Conditions"). You should read
them now. Your use of the website constitutes your agreement to the
Terms and Conditions.
Orders
Any order placed by you in the manner described in this website is an
offer by you to purchase a particular product for the price (including
the delivery and other charges and taxes) specified in this website at
the time you place your order on these Terms and Conditions. Hamish
McBeth Pty Ltd reserves the right to accept or reject your offer for any
reason, including, without limitation, the unavailability of any
product, an error in the price or the product description posted on
this website, or an error in your order. Your contract with Hamish
McBeth only comes into existence when it forwards confirmation of
receipt of your order and payment.
Prices
Prices of products and services and delivery and other charges
displayed on this website are current at the time of issue, but may
change at any time and are subject to availability.
Goods and Services (“GST”) and Other Taxes (AUSTRALIA ONLY)
Prices displayed on this website are inclusive of GST applied at the rate of 10%.
You are responsible for any taxes, duties or other liabilities imposed
by any governmental agency, including without limitation, any customs
duty, goods and services taxes or any value added tax imposed on any
products or services acquired or ordered by you from this website.
Delivery
The delivery times are indicative only and Hamish McBeth Pty Ltd will
not be liable for any failure to observe these delivery times.
Risk and Title
Hamish McBeth Pty Ltd will retain title to the products you order until you
have made payment in full for those products, but all risk in the
products will pass to you upon their delivery to or collection by a
postal or courier service. You should consider whether to obtain any
suitable transit insurance which is offered during the checkout
process.
Refunds
The circumstance in which Hamish McBeth Pty Ltd is obliged to make a Refund is detailed in its Refunds Policy.
Limitation of liability
Hamish McBeth Pty Ltd will in no way be liable for any direct, indirect,
incidental, special or consequential damages, resulting from use or
inability to use the website or for the cost of procurement of
substitute products or resulting from any products purchased or
obtained or messages received or transactions entered into through the
website or resulting from unauthorized access to or alteration of your
transmissions or data or of any information contained on this website,
including but not limited to, damages for loss of profits, use, data or
other intangible, even if Hamish McBeth Pty Ltd has been advised of the
possibility of such damages.
Where any Act of Parliament implies in the Terms and Conditions any
term, condition or warranty, and that Act avoids or prohibits
provisions in a contract excluding or modifying the application of or
exercise of, or liability under such term, condition or warranty, such
term, condition or warranty shall be deemed to be included in the Terms
and Conditions, however, the liability of Hamish McBeth Pty Ltd for any breach
of such term, condition or warranty shall be limited, at the option of
Hamish McBeth Pty Ltd, to any one or more of the following:
(a) if the breach relates to goods:
the replacement of the goods or supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
(b) if the breach to relates to services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
Disclaimer
While the information contained in the website is believed to be
accurate and current, it is provided by Hamish McBeth Pty Ltd in good faith on
an “as is” basis. Hamish McBeth Pty Ltd, its' directors, officers or employees
make no representation or warranty as to the reliability, accuracy or
completeness of the information contained on the website and none of
them accept any responsibility arising in any way (including
negligence) for errors in, or omissions from, the information contained
in the website.
To the extent (if any) that the content of the website does not satisfy
the laws of a country other than Australia, or a state or territory in
Australia other than Queensland, it is not directed to persons in those
countries or state or territory and they should not use the website.
Copyright
Hamish McBeth Pty Ltd is the copyright owner of the content of the website or
is licensed by the copyright owner to use the content on the website.
Except as permitted by the Copyright Act 1968 (Cth) no part of the
website may be reproduced, adapted, performed in public or transmitted
in any form by any process (graphic, electronic or mechanical,
including further copying, recording, taping or by a storage and
information retrieval system) without the specific prior written
consent of Hamish McBeth Pty Ltd.
Viruses
Hamish McBeth Pty Ltd does not represent that any information (including any
file) obtained from or through the website is free from computer
viruses or other faults or defects. It is your responsibility to scan
any such information for computer viruses. Hamish McBeth will not be
liable to you or to any other person for any loss or damage (whether
direct, indirect, consequential or economic), however caused and
whether by negligence or otherwise, which may result directly or
indirectly from any such information. To the extent that any liability
may be imposed on Hamish McBeth, it shall be limited to the cost of
re-supplying that information.
Applicable law
These Terms and Conditions shall be governed by and construed in
accordance with the laws of the state of Queensland, Australia. You
agree to submit to the non-exclusive jurisdiction of the courts of the
state of Queensland, Australia.
Return Policy
This policy applies for any item sold at Hamish McBeth Pty Ltd where a return
or warranty statement has not already been made on a products
individual display page.
Hamish McBeth Pty Ltd will exchange any item for another item of equal value
within 14 days of delivery should you not be totally happy with your
purchase, (does not include delivery charges). Return your item to
Hamish McBeth Pty Ltd with your original receipt and a brief explanation of the
problem. Hamish McBeth Pty Ltd will not accept any items that have been damaged
in transit.
In addition you may return any Hamish McBeth Pty Ltd item within 30 days if it
should be received with manufacturing defects pursuant to the
manufacturers warranty. Hamish McBeth will examine the goods for
defects and exchange them without question. If an exchange item is not
available, for whatever reason, Hamish McBeth Pty Ltd will refund in full the
cost of the goods.
The cost incurred for returning goods not covered by the manufacturers
warranty shall be at the customers expense. The return delivery charges
will be refunded or no charge will be made for the delivery of exchange
items if the goods are found to be defective pursuant to the
manufacturers warranty.
NOTE: It is imperative that an item returned must be in original condition and that its packaging also be in its original condition.
Hamish McBeth Pty Ltd reserves the right to withhold credited funds if these conditions are not met.
All returns should be made to:
Hamish McBeth
Pty Ltd
PO Box 5091
GCMC
Bundall 9726
Queensland
Australia
All Hamish McBeth goods are packaged to ensure safe transit, prior to
the goods leaving our premises. Hamish McBeth will not accept
responsibility for any goods that may be damaged during delivery. For
larger and more expensive items delivered by courier, insurance may be
organized by the customer prior to the goods leaving Hamish McBeth Pty Ltd.
Please advise Hamish McBeth Pty Ltd if you are intending to arrange insurance.
An order may be cancelled at any time prior to the goods leaving the
Hamish McBeth Pty Ltd premises. We regret once an order has been shipped it may
not be cancelled."
Hamish
McBeth PO Box 5091 GCMC Bundall 9726 Queensland Australia
• P +617 5597 6681 •F
+617 5597 0467 •emailinfo@hamishmcbeth.com