Terms and Conditions  
 
Terms & Conditions of Purchase Acceptance
The “Hamish McBeth” website (“website”) is owned and operated by 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 email info@hamishmcbeth.com
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