Terms of Service

Terms and Conditions

This website (www.suade.com.au) is operated by Suade Co Pty Ltd (ABN

26 157 266 782

) (we, us, and our).

Please read these Terms and Conditions carefully. By using the website or ordering a product from the website, you will be deemed to accept and agree to these Terms and Conditions. If you do not agree with any of these Terms and Conditions, do not use the website or order products from the website. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions for changes periodically, and your continued use of this website after changes have been posted will mean that you accept and agree to the changes.

Specific product terms and conditions

Products advertised on the website may be subject to specific additional terms and conditions, disclaimers, or notices displayed on the website from time to time (Additional Terms). You agree to read any Additional Terms presented to you on the website relating to any product you order. By ordering a product from the website, you will be deemed to accept and agree to any Additional Terms which apply to that product.

Pricing and product information

Prices and other product information quoted on the website are subject to change from time to time without notice. The price of a product ordered by you will be the price quoted on the website (summarised in the 'checkout' page) at the time you place your order. Although we take reasonable care to ensure that prices and other product information quoted on the website are correct at the time of publication, we reserve the right to correct any publishing errors and cancel orders made at an incorrect price or with incorrect information.

Prices quoted on the website are in the currency indicated (depending on your location) and may not include local taxes, which may be added as required by law later in the billing process.

Payment

Payment methods are specified on the website and are subject to change. Payment is due immediately when your order is placed. When placing an order on the website, you must provide the information requested to enable payment for your order to be processed. You warrant that any payment information provided by you is true and correct and that you are authorized to charge the relevant payment to the selected payment method.

If any taxes or duties are payable on a supply of a product ordered on the website, you must pay the applicable tax or duty in addition to the amount payable for the supply and delivery of the relevant product.

Delivery

We ship our products to most countries. Our prices are inclusive of shipping.

Products will be delivered to the delivery address specified in your order. Orders will be dispatched by us as soon as practicable after receipt of an order. Delivery dates or times indicated at the time of placing an order (if any) are approximate dates only and do not constitute a guarantee of delivery by such date. For example, inbound customs requirements may result in delivery delays.

If requested, you must provide reasonable proof of your identity and sign an acknowledgment of receipt of a product at the time the product is delivered to the specified delivery address. If you are not present at the time of attempted delivery of the product to the specified delivery address or you cannot provide reasonable proof of your identity, the delivery service may keep the product for later collection by you (if the delivery service is within a reasonable distance from the specified delivery address). You will be notified if that happens, and you must then collect the product at your own expense.

If we reasonably determine that your order is not deliverable to the specified delivery address due to the address provided being invalid, lack of reasonable access to that address, or there have been 3 unsuccessful delivery attempts, or you do not collect the product within 15 days after being notified that it has been kept by the delivery service for collection by you, we may cancel the order and the relevant product will be returned to us and made available for sale to other customers. In those cases, we will refund you the price you have paid for the product less packaging and delivery charges and reasonable handling costs.

We reserve the right to make part deliveries of any order. Failure to make a delivery of the total order does not invalidate the contract of sale in relation to product actually delivered. You are not relieved of your obligation to accept or pay for a product because of any delay in delivery. We are not liable for any failure to deliver or delay in delivery for any reason beyond our reasonable control.

If we discover after accepting an order that we cannot deliver the ordered product, we will notify you and will be entitled to cancel the order. We will, of course, reimburse any payments you may have made to us for that order.

Orders

Once you have placed an order, you cannot change it or cancel it without our express agreement. If we agree to alter or cancel your order, you must pay us any loss, damage, cost or expenses incurred in relation to the change or cancellation.

We reserve the right to refuse any order placed on the website or limit quantities purchased. In these cases, we will notify you and reimburse any payments made for the canceled order.

We reserve the right to cancel orders that are purchased with the intent to promote counterfeit or copied products. In these cases, we will notify you and reimburse any payments made for the canceled order.

Liability and disclaimer of warranties

To the extent permitted by law, we exclude all warranties and guarantees (whether express or implied by or arising under statute, common law, equity, trade custom or usage, or otherwise), and make no representations, relating to the website or any products supplied by us, including warranties or guarantees of acceptable quality, merchantability, and fitness for purpose.

Nothing in these Terms and Conditions or any Additional Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any laws that cannot lawfully be excluded or limited, including under the Australian Consumer Law. To the maximum extent permitted by applicable law, our liability for any failure to comply with any such right or remedy, guarantee, warranty or other term or condition is limited to (at our option): in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the 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 in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

Except as specified in this section, to the maximum extent permitted by law, our aggregate liability, whether in contract or tort (including negligence) or otherwise, for any loss or damage of whatsoever nature in connection with products supplied to you or your placement of orders on or other use of the website will be limited to and in no circumstances will exceed the price of the product to which liability relates, but we will not be liable to you (whether in contract, tort including negligence or otherwise) for any loss of revenue, loss of income or income earning opportunities, loss of data, loss of goodwill or reputation or anticipated savings or any indirect or consequential loss or damage (even if we are made aware of the possibility of it occurring) that you suffer or incur in connection with any products supplied to you or your placement of orders on or other use of the website.

The limitations and exclusions set out in this section do not apply to our liability (if any) for wilful misconduct, fraud, or gross negligence.