*Your access or use of the shop habitus shop online store constitutes your agreement to be bound by the terms and conditions of use and sale below.
TERMS OF USE AND SALE
Access to the shop habitus shop online store: Access to and use of the habituslivingshop.com website / online store by you is conditional upon your acceptance, without alteration, of these terms of use and sale (the Terms), as amended from time to time and posted on the habituslivingshop.com website by us:
MasterBuy Pty Limited (ABN11 091 339 481 (trading as shop habitus shop).
Access to the shop habitus shop online store is also conditional upon your acceptance, without alteration, of our privacy policy as may be amended from time to time and posted on the habituslivingshop.com website. By accessing, or continuing to access this online store, you are agreeing to be bound by these Terms and acknowledge and agree to be bound by the terms of our privacy policy.
Use of the online store and its contents: You must not use this online store, or any of the content, information and software provided on and through the online store (the Content), for any of the following purposes:
(a) the reproduction of the Content in any material form;
(b) the redistribution of the Content in any material form;
(c) the re-transmission of the Content by any medium or communication channel.
(d) uploading and or reposting the Content to any other site or location on the World Wide Web, online service or bulletin board; and
(e) “framing” the material on this online store with other material on any other WWW site or location, online service or bulletin board.
Notwithstanding the restrictions on use of the Content on this online store in the above clause, you may download material from the online store for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this online store or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or individual users. You may not use any software, device, meta-tags, or manual process to monitor or copy this online store or the Content without our prior written permission. Any unauthorised use of this Online Shop or its Content is prohibited. All rights are reserved.
You may not modify or copy: the layout of this online store; or any computer software or code contained in this online store.
How the shop habitus shop online store works: The shop habitus shop online store website is a online ordering, shopping and information service by shop habitus shop. You may place your order online at any time and we hope you enjoy your shopping experience with us. Please kindly provide us with valuable customer feedback at help@habituslivingshop.com We hope you enjoy our offering and service and become a regular customer.
Placing your Order: All orders placed by you are subject to acceptance by us and we will confirm such acceptance to you by e-mail. If we are unable to accept your order, we will contact you promptly by e-mail or SIMS.
Our acceptance of your order brings into existence a legally binding contract between us.
Prices and Payment: The prices for any goods will be as quoted on our online store, inclusive of GST. Prices are subject to change. Delivery costs are displayed and added at the shopping cart / check out page. Payment of the whole of the price for the goods and shipping of your order must be received before your order can be accepted.
The shop habitus shop shopping process: When you decide to purchase an item form the online store, simply click on ‘buy’. While you continue shopping you can click on ‘View/Checkout’ link at any time to view the contents of your shopping cart. If you have a specific request or require further information, email us at help@habituslivingshop.com All items are subject to availability. We will e-mail or SIMS you if there is a problem with your order or delivery.
Registration: You can register as a shopper at habituslivingshop.com to benefit from a faster repeat ordering from our site, as well as regular updates on special promotions on habituslivingshop.com.
Naturally it is also possible to order without registering if you prefer to do so, in this case you have to re-enter your address and delivery details every time you shop.
Hours of Operation: Staff at shop habitus shop allocate orders on the same or the following business day between the hours of 9am-5pm. Orders placed on weekends or public holidays will be allocated on the next business day. If orders exceed stock on hand, allocation will be made on a first ordered first serve basis.
Refunds, replacement and Cancellations: You may return any goods you have ordered from the shop habitus shop online store within 14 days from receipt of delivery of the goods provided that the goods are returned to us in the original packaging and in perfect condition and that any returns are in strict adherence to this clause and the following procedure.
Any claim regarding damaged or defective goods must be made within 48 hours of receipt of the goods and you must provide to us the date of purchase, and documents evidencing the delivery of the product and proof of return of the product to shop habitus shop, via Australia Post in the secure wrapping you received the shipment.
To return any item please contact us within 48 hours from delivery at help@habituslivingshop.com shop habitus shop will issue you with a returns number.
Please enter this number into the returns form and forward this to us by clicking submit on that form.
Please indicate the reason for the return in the comments field and click replacement, exchange or item refund. All items must be returned directly to habituslivingshop Masterbuy 168 Willoughby Road Crows Nest, Sydney, NSW 2065
If a product is out of stock at the time we receive your return, we will offer an alternative product or a refund, or if you wish to wait until the item is back in stock, we will contact you with details of when you can expect delivery.
We shall contact you within 48 hours of the return of the goods and receipt of the completed return form. shop habitus shop endeavour to complete all replacement, exchange or refund within 5 working days. All refunds will be made according to the original method of payment, on the original card only and no exceptions can be made in this area. Please note that we do not refund the cost of delivery except if your return is the result of an error made by shop habitus shop or faulty product.
Order Cancellations prior to dispatch: Please contact us at help@habituslivingshop.com to cancel an order.
Cancellation of Orders by shop habitus shop. We reserve the right to cancel the contract between us if: Australia Post does not deliver to your area; or we have insufficient stock to deliver the goods you have ordered; (this may also occur if an item is no longer in production, rendered illegal or unavailable in Australia) or if one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and we will re-credit to your credit account any sum deducted by us from your credit account as soon as possible but in any event within 7 working days of your order. (The time it takes for funds to appear in your account varies from institution to institution this additional time is outside the control of shop habitus shop.) A receipt documenting the refund will be forwarded to you for your record.
Supply and delivery can be outside of our control so whilst we endeavour to supply all orders, shop habitus shop shall not be obliged to offer any additional compensation for any disappointment suffered nor will we be liable for any direct or indirect loss or damage suffered by you as a result of our cancellation of a contract under this clause.
Delivery of goods: We will deliver the goods ordered by you to the delivery address you have provided us at the time you make your order.
We will use all reasonable endeavours to ensure that delivery is made within 14 days of payment being received by us. You agree and acknowledge that we do not guarantee we will meet any delivery date and we will not be liable for any loss or damage, however it arises, if the goods are not delivered within 14 days of payment being received by us.
You will become the full and absolute owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to the address you have provided to us for delivery they will be held at your own risk and we will not be liable for their damage, loss or destruction.
Warranty: We warrant that any goods purchased through the Online Shop are of satisfactory quality and fit for its intended purpose.
We warrant that shop habitus shop is provided on an “as is, as available” basis.
We and our affiliated companies and their respective employees, agents or licensors do not warrant, guarantee or make any representation:
(a) that the shop habitus shop online store will be uninterrupted or free of error;
(b) in relation to the accuracy, reliability or content of any information that may be obtained from the use of the shop habitus shop online store;
(c) that the shop habitus shop online store or the Content, or the server that makes the online store available on the WWW are free of software viruses;
(d) that the functions contained in any software contained on the shop habitus shop online store or its content will operate uninterrupted or are error-free; or
(e) that errors and defects in the shop habitus shop online store or the content will be corrected. To the full extent permitted by law we exclude and disclaim any other express or implied warranties, guarantees or representations regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the shop habitus shop online store or the content.
Liability: We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if we have been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(a) acting, or failing to act, on any information contained on or referred to on this online store or the content; or
(b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the online store or the content.
We are not liable to you for:
(a) errors or omissions in the shop habitus shop online store or the content;
(b) delays to, interruptions of or cessation of the services provided in the online store or the content; or
(c) defamatory, offensive or illegal content on the shop habitus shop online store or the content, whether caused through negligence of the shop habitus shop online store, its employees or independent contractors, or through any other cause.
You agree to accept the full cost of any necessary repair, correction or maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the shop habitus shop online store or the content.
To the extent that the limitation of liability contained in this clause is prohibited, you agree that our sole obligation to you for any direct or consequential loss (including loss of profits, business or goodwill), injury, claim, liability, damage of any kind resulting from your access and or use of this online store, or from your purchase of any goods from the shop habitus shop online store, shall be limited, at our option, to the refund of any monies paid by you to us or the replacement of any goods purchased from the shop habitus shop online store and returned in strict accordance with the refund and replacement terms in the clause above.
You must observe and comply with all applicable regulations and legislation including obtaining all necessary customs import or other permits to purchase goods from our site. The importation or exportation of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the import or export of the goods you purchase.
Intellectual property: We own and reserve all intellectual property rights, including, but not limited to, copyright in the shop habitus shop online store and the content and or any services provided by this online store. Except as expressly provided in these Terms, nothing set out in these Terms shall be construed as conferring to you any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property laws. You agree that the content and online store protected by the laws relating to copyright, trademarks and intellectual property generally.
Indemnity: You will at all times indemnify, keep indemnified, defend and hold harmless shop habitus shop and its respective officers, employees and agents (Those Indemnified), from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those Indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these terms by you, and or use of the material and or information supplied by you under these terms.
Termination of access: We may terminate access to the Online Shop at any time without giving any explanation or justification for the termination of access, and we shall have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the shop habitus shop online store.
Law and Jurisdiction: These terms and the relationship between you and us shall be governed by and interpreted in accordance with the laws of New South Wales and the New South Wales courts shall have exclusive jurisdiction to resolve any disputes between us.
Entire Agreement: These terms and conditions together with our current website prices, contract details, delivery details and privacy policy set out the whole of our agreement relating to the supply of goods to you by us.
Nothing said by any sales person on behalf of shop habitus shop should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. With the exception of fraud or fraudulent misrepresentation we shall have no liability for any such representations being untrue or misleading.
Force Majeure: We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock outs and other internal disputes breakdown of systems or network access, flood, fire, explosion or accident.
Severability: If any part of these terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms will not be affected.
Contact Details: We are happy to answer any questions you may have regarding these Terms or any other aspect of our service.
Please contact our customer service team by email help@habituslivingshop.com
Thank you, and we hope you enjoy shopping with us.
*Your access or use of the shop habitus shop online store constitutes your agreement to be bound by the terms and conditions of use and sale above.
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