Access to and use of this Fiara website ("the Site") and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices. By using the Services, you are agreeing to all of the Terms of Service, which may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website without notice.
2.Compliance
You agree to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of the Site.
You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
3.Placing an order for products
You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
You agree to provide us with current, complete and accurate details when asked to do so by the Site.
4.Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order
Pricing and availability - Whilst we try and ensure that all details, descriptions and prices which appear on the Site are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though the Site. The conditions of use relating to any discount code will be specified at the time of issue.
5.Risk and Title
Risk and title to the Products passes to you on the date and time of delivery to the Delivery Address.
6.Cancelling an order
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
the Products in that order are not available; or
there is an error in the price or the product description posted on the Site for the Product in that order; or
that we reasonably believe your order has been placed in breach of these terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
You may cancel an order (whether it is accepted by us or not) by contacting Fiara during Contact Hours at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may return the relevant Products in accordance with these terms and conditions.
7.Damaged Products and returns
You must check any Product delivered to you to determine if it is damaged. If a Product is damaged on delivery, and wish to return the Product, you may return the Product to us in accordance with our Returns Policy. You must provide us with the invoice we issued to you for your order to return any Products. If you fail to do so, then we may not provide you with a remedy. We will only refund the delivery fee if the Products are determined to be faulty after assessment under our Returns Policy, and the fault did not arise through any misuse, abnormal use or negligent use of the Products.
We will not refund the Delivery Fee where the Products have been delivered to you, unless you are returning the Product because it was damaged.
8.Termination
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
the breach cannot be remedied; or
you fail to the remedy the breach within 10 days of our notice to you of that breach; or
if there is an emergency.
We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those
9.Products.
Intellectual property, software and content
The intellectual property rights in all software and content made available to you on or through the Site remain the property of Fiara and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Fiara and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on the Site nor may you use any such content in connection with any business or commercial enterprise.
10.Disclaimers
Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
11.Limitation of Liability
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
12.Indemnity
13.Jurisdiction
These terms and conditions are to be governed by and construed in accordance with the laws of VIC and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in VIC and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
14.Privacy
We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
