Terms and Conditions
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
1.About These Terms and Conditions
In these Terms and Conditions:
"We", "Us" and “Ozsale” means www.summerbay.com which is fully owned and operated by Ozsale Pty Ltd
"You" means you the customer
“Products” means goods sold by Ozsale on this web site
“Price” means the price at which the Products are sold on this web site
“Order” means an order for Products on this web site
These Terms and Conditions, together with the Australian Consumer Law contained within Schedule 2 to the Competition and Consumer Act 2010 (Australian Consumer Law), constitute the entire Contract between Ozsale and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
2.MYSALE GROUP PLC
Ozsale is part of the MYSALE GROUP PLC by signing up as a member to Ozsale the member acknowledges that they will become a member of the MYSALE GROUP PLC of companies and agrees that they may be contacted by any of its subsidiaries. This does not affect a member’s ability to unsubscribe from communications from these companies on an individual basis.
3. Licencing agreement
Ozsale Pty Limited has an exclusive licence from Seven Network (Operations) Limited to sell Summer Bay Products. The Mysale Group is the official merchandise and e-commerce partner for Home and Away products.
3.Australia Sales Only
We only sell and ship Products within Australia. We will not make deliveries outside of Australia.
This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2006-2008 OZSALE or in some cases copyright Seven Network and exclusively licensed to Ozsale. All trademarks appearing herein are acknowledged. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. The name of Ozsale, Ozsale Pty Ltd or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical or technical errors.
HOME AND AWAY and SUMMER BAY are registered trademarks of Seven Network (Operations) Limited used by Ozsale in accordance with the license agreement. These trademarks may not be used without prior written permission.
We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
6.Correction of Errors and Inaccuracies; Limitations on Quantity
Whilst Ozsale makes every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the website at any time (including after you have submitted your order). If this affects an order you have placed we will contact you to advise of the change and give you the option of a refund or to proceed with the order as amended. Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
7.Legal Capacity to Transact
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with Ozsale. Should Ozsale suffer any damage or other losses as a result of a transaction entered into by a minor, Ozsale reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Ozsale.
8.Placing Your Order
You may place an Order by adding items to ‘My Cart’ on Ozsale Website and clicking the "Check Out" button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Ozsale website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any products, however Ozsale will make every effort to supply products to you. We will notify you that your order is being processed by sending you an Order Confirmation via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Ozsale and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when your order status moves to dispatched in the My Account My Orders Section. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
9.Payment Methods and Processing
Ozsale uses Braintree to provide a secure environment for the authorisation of credit card and charge card transactions. We also offer PayPal and MasterPass payment solutions. Confidential information including card details are encrypted using industry standard SSL 128-bit encryption technology.
Our payment page is also fully PCI DSS compliant please visit https://www.pcisecuritystandards.org/tech/ for more information.
In this clause:
“GST” means GST within the meaning of A New Tax System (Goods and Services) Act 1999 (Cth)
Subject to this clause, if GST is payable in respect of any supply made to you by Ozsale, an amount equal to the GST payable (at the current prevailing rate) will be included as part of the price at which the product is sold on this web site.
11.Supply of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will confirm shipment via the My Account My Orders section including a tracking number for each parcel.
12.Delivery of Your Products
We will use our best efforts to ensure your order arrives as soon as possible after the end of the sale. Delivery will be made via a number of partners and the estimated delivery times will be indicated within each specific sale according to the dispatch location. We use the best possible estimated dates given the information we have been provided by our suppliers and partners, however many factors are outside of our control and we cannot guarantee delivery within this time frame. Individual order status can be tracked in the My Account, My Orders section. We charge shipping and handling for each sale you purchase from unless otherwise stated on the website. Due to the nature of our business, we may consolidate orders where possible from more than one sale. For these orders shipping and handling charges will remain unaltered. Title and risk of loss to all products will pass to you on delivery unless otherwise specified in the Direct Import Goods Clause.
For the avoidance of doubt, In the event that there is any ambiguity relating to the passing of risk and title to the goods, risk and title to the goods will pass to you on the first attempt at delivery irrespective of whether it was successful or not.
13.Collection of goods
If your order is placed on a collection, when visiting any place where the goods are stored to inspect them or collect them you must comply with:
•Any law relating to occupational health and safety.
•Any directions or warnings that have been given about the goods or their location in the Site Information or Item Page; and
•Any directions given by us or anyone authorized by us when inspecting or removing any goods from any location.
•You acknowledge that you inspect or remove goods at any location at your own risk.
•If we are unable to deliver an item, or you fail to collect an item you have selected to collect within 14 days of a sale we may charge a storage fee in accordance with our normal rates.
14.Authority To Leave
By selecting No and clicking Accept on our Signature on Delivery option you authorise the courier to leave the goods unattended at the delivery address and you accept that once the courier has done so, the complete order has been received. Selection of Authority to Leave is deemed by our couriers as a signature from the recipient.
Ozsale and couriers associated with the delivery, do not accept responsibility for any loss or damage which results from the Authority To Leave delivery method. You agree to release Ozsale Pty Ltd from and against any and all claims, demands, liabilities, losses, costs and expenses if Authority To Leave is selected.
Should the courier be unable to leave the parcel or deem the location to be an unsafe area to leave the parcel or your instruction text is unclear, the courier may leave an attempted delivery card and return the parcel to their depot.
Risk and title to the goods transfers to you after the first attempt at delivery irrespective of whether it was successful or not.
Our goods come with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Please see our Returns Policy on our website for further details.
The Australian Consumer Law provides that items which we supply come with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
For some items, manufacturers offer their own optional or additional warranties and these apply strictly in addition to your rights under the Australian Consumer Law. Please contact our customer service team who will assist you in obtaining a remedy for your product.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us fail to meet a consumer guarantee under the Australian Consumer Law.
Without excluding, restricting or modifying the rights and remedies to which you may be entitles under the consumer guarantees provisions of the Australian Consumer law or our liabilities under those provisions:
To the extent permitted by law, we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Products; and
We will not be liable to you for indirect and/or consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
Our liability to you for loss or damage of any kind arising out of this agreement or in connections 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 if in contract, tort (including negligence), under any statue or otherwise.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Ozsale. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Ozsale reserves the right to change the Terms and Conditions of sale at any time. No Ozsale employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of Ozsale. These Terms and Conditions (including all of the policies and other Agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Ozsale are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
Ozsale shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Ozsale, and Ozsale shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions are governed by and construed in accordance with the laws in New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.