Terms and Conditions
In these terms:
- Business Day means a weekday on which banks are open for normal banking business in the Victoria in which PoV’s office who is providing the particular Goods is located (excluding any public holidays).
- PoV means Parliament of Victoria [ABN 58 929 529 615], and its successors and assigns.
- Customer means the entity or person acquiring the Goods upon these Terms.
- Goods means the goods sold to the Customer by PoV.
- Terms means PoV’s standard terms and conditions of sale and supply as set out in this document (or any written variations to this document), unless the context otherwise requires.
- PoV agrees to sell and the Customer agrees to purchase the Goods in accordance with these Terms.
- These Terms shall apply to all Goods sold by PoV to the Customer including through its website currently located at www.events.parliament.vic.gov.au
- These Terms are deemed to be incorporated into all contracts for the sale of Goods by PoV to the Customer, and will prevail over any inconsistent terms in any document of the Customer unless otherwise agreed by PoV in writing.
- The Customer is taken to have accepted these Terms if they:
- place an order with PoV for Goods, or
- accept the Goods, or
- make any payment.
3. ORDERS / ACCEPTANCE
- All Customer orders shall constitute an offer and shall be subject to acceptance by PoV.
- The sale prices for Goods are stated on PoV’s website and may change at any time up to payment for the Goods in full.
- Orders cannot be modified or cancelled after acceptance by PoV except with the prior written consent of PoV.
4. PRICES AND PAYMENT
- All prices are in Australian Dollars unless specified otherwise and are inclusive of GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
- Prices are current at the time of display but subject to change.
- Payment for the Goods must be made in full by the Customer at the time of placing an order(s) for Goods.
- PoV may (in its absolute discretion) offer a price concession or discount on the price for any Goods, subject to the Customer’s full compliance with these Terms.
- The Customer must inspect the Goods immediately on Delivery, and must within 5 Business Days after the date of supply the Goods (Supply Date) give written notice to PoV of any claim in the event that the Goods are defective, supplied in error, or if there are any discrepancies in the quantity delivered (including providing particulars of the claim).
- If the Customer fails to give written notice to PoV pursuant to sub clause (a) above, then to the extent permitted by statute, the Goods are deemed to have been accepted by the Customer in accordance with the provisions of these Terms.
- PoV will use its best endeavours to fulfil any accepted orders for Goods, however if, due to any cause whatsoever, this is not possible, PoV may at its absolute discretion cancel any order for Goods which in the opinion of PoV are impractical or uneconomic to produce and/or supply.
- If the Customer fails to comply with any of its obligations under these Terms or under an agreement for the sale of Goods, PoV may immediately cancel any order (in whole or in part) by notice to the Customer and resell the Goods.
- Upon cancellation of any order for the Goods, PoV will be entitled to recover any costs and expenses incurred by PoV prior to cancellation from any deposit monies paid by the Customer.
6. TERMS OF SERVICES / DELIVERY
- The costs of delivering Products are charged separately and in addition to the purchase price. Delivery costs are calculated at the time of purchase and in accordance with the freight rates published on the website.
- In circumstances where you have nominated to:
- have the Products delivered to a specified address, delivery occurs when the Products arrive at that address; or
- collect the Products in person, then, delivery occurs when you are notified by PoV that the Products are ready for collection.
- All delivery dates and times for the supply of the Goods are only an estimate and PoV does not warrant that Products will be delivered on time. PoV is not liable to the Customer for any loss or damage (including consequential loss or damages) arising from late delivery.
- Products are sent uninsured by Australia Post to the address provided by you and PoV takes no responsibility for Products lost in transit.
- Where the Customer does not accept delivery of Goods, PoV may charge the Customer an additional fee to cover its costs.
7. CANCELLATION AND REFUNDS
- Once payment is received you cannot cancel an Order or return any Products unless PoV first agrees to do so in writing.
- PoV may cancel any Order in whole or in part by notice to you without any liability or claims against PoV, in circumstances which include but are not limited to the following:
- the requested Products are not available;
- there is an error in the price of the description of the Product; or
- the Order has been placed in breach of these terms and conditions.
- Subject to the extent permitted by law, you have no claim against PoV for any damage, loss, cost or expense arising from cancellation of Products by the Provider.
- PoV does not offer refunds where the Buyer changes their mind in relation to the purchase of the Product.
- PoV are happy to replace or apply a credit to the value of the item purchased, in the case of a manufacturing fault or damaged goods.
8. LIMITATION OF LIABILITY AND INDEMNITY
- PoV acknowledges that:
- under applicable State, Territory and Commonwealth law(s) (including, without limitation, the Competition and Consumer Act 2010 (Cth), certain statutory expressed and implied guarantees and warranties may be implied into these Terms (“Non-Excluded Guarantees“).
- nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.
- PoV makes no warranties or other representations except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees. PoV’s liability in respect of these warranties is limited to the fullest extent permitted by law.
- Subject to this clause and so far as may be permitted by law, the liability of PoV and its employees and/or agents for a failure (other than a major failure) to comply with a Non-Excluded Guarantee, shall be limited to, at PoV’s option:
- the replacement of the Products or the supply of equivalent Products;
- the payment of the cost of replacing the Products or of acquiring equivalent Products;
- the repair of the Products; or
- the payment of the cost of having the Products repaired.
- Subject to this clause 8 and so far as may be permitted by law, if a failure of PoV to comply with the Non-Excluded Guarantees cannot be remedied or is a major failure, your right to recover damages is limited to the reasonably foreseeable loss or damage suffered as a result of that failure. However, PoV is not liable for loss or damage that results from a failure of PoV or the Provider to comply with the Non-Excluded Guarantees if that failure was caused independent of human control and occurred after the Products left the control of PoV.
- In circumstances where the Non-Excluded Guarantees do not apply, PoV, its employees and/or agents shall not be liable for any loss or damage (including any consequential loss or damage, which includes, without limitation, loss of profits and loss of revenue) of any kind whatsoever, even if due to the negligence of PoV, its employees and/or agents or the Provider.
- Subject to this clause 8, you acknowledge that you do not rely on the skill or judgment of PoV when deciding whether or not the Products are fit for any particular purpose.
9. RISK AND TITLE
- Risk and title in the Goods shall pass to the Purchaser immediately upon delivery of the Goods by PoV (unless otherwise agreed by PoV in writing).
- If the Customer fails to comply with these Terms (including, without limitation, a failure to pay monies on the basis set out in these Terms):
- the Customer must pay to PoV all expenses, including (without limitation) legal expenses and all debt collection agency costs incurred by PoV in enforcing its rights under these Terms;
- PoV may state in any notice to the Customer that, unless the default is remedied, all money owing under these Terms which is not yet due for payment is now due, and if the notice of PoV is not complied with then that money becomes due; and
- PoV may immediately terminate these Terms.
- If PoV terminates these Terms in accordance with this clause 10 or as otherwise provided in these Terms, PoV may, without prejudice to any other rights or remedies available to PoV, immediately cease delivering of the Goods to the Customer and sell or otherwise dispose of the Goods and apply the proceeds of the sale to any overdue amount.
11. FORCE MAJEURE
- PoV is not liable for any failure to comply with these Terms or any agreement for the sale of Goods if the failure (directly or indirectly) arises by virtue of a Force Majeure Event. If such circumstances occur, the performance of PoV’s obligations in accordance with these Terms will be suspended for so long as the Force Majeure Event continues or prevails.
- For the purpose of this clause 11, a “Force Majeure Event” is an event that is taken to be beyond PoV’s reasonable control, including (without limitation) strikes, lock outs, accidents, war, fire, flood, explosion, shortage of power, breakdown of plant or machinery, shortage of raw materials from normal source of supply, act of God or any order or direction of any local, state or federal government, government authority or instrumentality.
- PoV is not obliged to remedy such circumstances in respect of a Force Majeure Event.
- If a Force Majeure Event continues for more than 30 days, PoV may terminate these Terms by giving 5 Business Days written notice to the Customer.
- Nothing in this clause 11 releases the Customer from any obligations to pay PoV in accordance with these Terms, or otherwise comply with these Terms.
12. GOVERNING LAW
- These Terms shall be governed by and construed in accordance with the laws in force in Victoria and each of that jurisdiction.
- A right of PoV may only be waived in writing, signed by PoV.
- No other conduct of PoV (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right.
- A waiver of a right by PoV on one or more occasions does not operate as a waiver of that right if it arises again.
- The exercise of a right by PoV does not prevent any further exercise of that right or of any other right.
- Any provision of these Terms which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these Terms enforceable, unless this would materially change the intended effect of the Terms.
- PoV is entitled to vary these Terms at any time by giving the Customer 14 days prior written notice.
16. ENTIRE AGREEMENT
- These Terms constitute the entire agreement between PoV and the Customer and supersedes all prior representations, contracts, statements and understandings, whether verbal or in writing.