She Maps Purchase Policy
1. Terms and conditions
1.1 These terms and conditions as amended from time to time (‘Conditions‘) can be found on the Kaea Pty Ltd t/a She Maps website at www.shemaps.com (‘Website‘).
1.2 Your use of our websites and any order placed with She Maps ABN 20 646 179 008 (‘we‘, ‘our‘, ‘us‘ or ‘She Maps‘) constitutes your (‘you‘, ‘yourself‘ or ‘your‘) agreement to be bound by these Conditions. Any additional or different terms you state in any communication with us (including any order) are hereby objected to and will not bind us unless we agree in writing.
2.1 She Maps reserves the right to amend these Conditions at any time. Any amendments will be effective when we publish the amended Conditions on our Website.
2.2 Your continued use of our Website and your purchase of any goods constitutes an agreement by you to be bound by these Conditions (as amended).
2.3 Each time you place an order with us and on each day during the term of the agreement, you acknowledge either receiving or having the opportunity to review a copy of the Conditions. Please ensure that you check this Website regularly to familiarise yourself with any amendments.
3. Acceptance of orders
3.1 Your placement of an order with us constitutes an offer by you to purchase goods from us on these Conditions. We may accept or reject orders we receive. If we accept the order, a binding contract between you and us will arise on these Conditions (‘Contract‘). The Contract may be amended only by written agreement between us and you.
3.2 Accepted orders cannot be cancelled without our consent which may be refused or given with conditions.
3.3 The supply of goods is subject to availability. If we are unable to supply all of your order, the Contract continues to apply to any part of the order supplied.
3.4 We reserve the right to suspend or discontinue the supply of goods to you.
4.1 Prices for the goods in our catalogues are correct at the time of publication of the catalogue and are subject to change without notice. All current prices for the goods can be viewed on our Website.
4.2 The price you pay for the goods purchased via the Website will be the price shown on our Website at the time you place an order.
4.3 Unless otherwise agreed by us in writing, prices for the goods will be subject to alteration by us without notice from time to time and quoted inclusive of goods and services tax (GST), and all taxes. Delivery costs are calculated at checkout and is determined by the type of goods.
5.1 In our catalogue, we may offer promotional pricing options and are pleased to have been able to hold promotional pricing on a number of key products. We reserve the right to change or cancel promotions at any time.
5.2 Special prices, promotions, offers and discounts are for limited periods, subject to availability and otherwise subject to change.
5.3 Discounts, offers and promotions published in our catalogues, on She Maps websites, and otherwise are not applicable to international orders, or orders through re-sellers or consolidators.
5.4 Only one promotional code can be used per transaction.
5.5 Additional T&Cs may apply to discounts and promotions.
6.1 All goods are sold including GST unless the goods are classified as GST exempt.
7. Payment terms - Customers buying via invoice
7.1 Unless otherwise agreed by us in writing, the terms of payment for the goods are strictly 14 days from the date of the invoice.
7.2 You may pay for the goods by Visa, Mastercard, or American Express. A surcharge will apply to all credit card payments (including GST and freight) and is set by our payment processor, Stripe. You may also pay by EFT and no surcharge will be applied to payments made by electronic funds transfer (EFT).
7.3 Invoices will be issued and payable by the due date in respect of every delivery notwithstanding that the balance of the order has not been delivered for any reason beyond our control. Where any payment is not made by the due date, we may charge interest on any overdue portion, being at a rate equal to 3% above the indicator lending rate for the time being advised by Westpac Banking Corporation (‘Interest Rate‘), charged for every 30 days or part thereof that the invoice is overdue, from the day after the invoice fell due.
7.4 All payments must be made in Australian dollars only, unless otherwise approved.
7.5 If we are unable to successfully process payment for your order, then we may reject or cancel your order.
8. Payment terms - Customers buying directly on Website
8.1 For customers buying directly from the Website, you may pay for the goods by Visa, Mastercard and American Express. A surcharge will apply to all credit card payments (including GST and freight) and is set by our payment processor, Stripe.
8.2 All payments must be made in Australian dollars only.
8.3 If we are unable to successfully process payment for your order, then we may reject or cancel your order.
9. Back orders
9.1 Some goods may temporarily be out of stock in which case all back orders of cumulative value equal to or greater than $30.00 will automatically be shipped by us to you once the goods are available, free of any additional freight costs.
9.2 Any back orders with a cumulative value less than $30.00 or any back orders held for longer than 2 months will be deleted and a refund will be provided if pre-payment has been made.
10. Design Changes
10.1 She Maps reserves the right to vary the specifications or performance criteria of any item and to obtain items from different sources at our absolute discretion. We may do this without prior notice provided that we have reasonable grounds for believing that the alternative item offered is substantially similar to that previously offered or represents an improvement.
11.1 The delivery fee charged for each order will depend on the type of goods, including the size and weight of the goods. She Maps reserves the right to charge for delivery of the goods at any time, notwithstanding that it may not have previously done so.
11.2 You acknowledge that any person accepting delivery of your delivery order at the delivery address is authorised by you to receive your order. If no one accepts delivery of your order at the delivery address, we may arrange for delivery at a different time and charge you an additional delivery fee or the delivery may be left at your premises with your approval.
11.3 Risk in the goods passes to you on delivery.
11.4 All quoted delivery or consignment dates are estimates only. We are not obliged to meet such dates and will not be liable to you by reason of delays caused by any reason whatsoever.
12. Return of faulty goods or claims for under delivery
12.1 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.
12.2 Each item is intended for use for the purposes described and not for any other purpose and all instructions, warnings and limits for use must be followed. Naturally, any item to be used by a child requires careful adult selection and use should be under proper adult supervision. Items must only be used by children of appropriate age. Guidelines are given but the final decision must be made by the selecting adult taking into account the nature of the child concerned.
12.3 She Maps offers warranties consistent with stated product manufacturer warranties.
12.4 You should carefully check your delivery to ensure all items match your order and are not damaged, as any claims for incorrect/not ordered items, short supply/deficiency in the quantity of goods, or damaged on delivery must be lodged with the She Maps Team within 7 days of the date of delivery. If you receive goods in error which were not ordered we require these to be returned and that you notify us within 7 days so we can arrange collection and return of the items. For deficiency claims where we hold a proof of delivery, we may require you to supply a statutory declaration.
12.5 No returned goods will be accepted by us (even if we agree for you to return goods to us at our cost) if they have been tampered with or misused by you or any other person; if they are goods expressly sold on a non-return basis; or if you have not previously notified the She Maps Team ; or if you do not return the goods to us within 30 days of our request for you to return the goods (unless we advise you that you are not required to return the goods to us); or if you have damaged the goods; or if the fault, damage or defect is the result of fair wear and tear. Supporting documentation including proof of purchase and photos supporting the claim will be required and you may need to supply a statutory declaration signed by a justice of the peace. Where any of the conditions for making a claim have not been met, the goods shall be returned to you at your expense.
12.6 For heavy or bulky items which cannot be returned to us, you must permit us to inspect the goods upon request within 30 days of you notifying the She Maps Team of a fault, damage, defect or non-compliance in the goods. If you do not permit us to inspect the goods, you are deemed to have accepted the goods and are deemed to agree that the goods are not faulty, damaged, defective or non-compliant.
All guarantees, conditions, and warranties of any type in relation to the goods are excluded to the maximum extent permitted by the law. In respect of goods which are not ordinarily acquired for personal, domestic or household use or consumption, our liability for a breach of any guarantee, condition or warranty implied by law is limited at our option to the repair of goods, or supply of a replacement, or payment of the cost of replacing the goods or of acquiring equivalent goods or payment of the cost of having the goods repaired, or re-supplying any services, or payment of the cost of re-supplying the services.
14. Cancellation of orders
14.1 If you cancel an order of the goods, you will be liable for any loss we incur, including but not limited to any loss of profits and any delivery costs if the goods have already been dispatched.
14.2 If you cancel an order of the goods and the goods have been dispatched, you must return the goods intact, undamaged, and unopened within 30 days of delivery. We will assess the goods before returning them to stock. Once the goods are assessed as being suitable to return to stock, you will receive a credit note to the value of the goods less the costs of testing and recharging of the goods, delivery, credit card surcharge (if applicable) and freight.
14.3 When the goods that are subject to cancellation were paid for by Visa, Mastercard or American Express, we will retain any credit card surcharge amount paid by you. This is used to offset merchant fees from the card companies (which are not refunded to us in the event of order cancellation).
Title to the goods passes upon payment of all amounts owed in respect of all goods purchased by you.
16. Use of Goods
16.1 Each item of goods is intended for use only for the purpose described and not for any other purpose. We make no representation as to the fitness of the goods for any other purpose, except for a purpose which you have notified to us in writing, prior to the date of any Contract, and confirmed in writing by us to be applicable.
16.2 Any goods specified as being suitable for use by children requires careful adult selection and use should be under proper adult supervision. Goods must only be used by children of an appropriate age. Whilst we may give guidelines about age suitability, the final decision must be made by the selecting adult taking into account the nature of the child concerned.
17.1 We may terminate the Contract by written notice to you if you fail to perform any of your obligations under the Contract.
17.2 We may terminate the Contract if a receiver, receiver and manager, provisional liquidator or administrator appointed to you or any of your assets or steps are taken to appoint any such persons, or if you are insolvent under any applicable law.
If the Contract is ended and you owe us money, the money is immediately payable to us and will incur interest at the Interest Rate. We are entitled to enter your premises and repossess any goods in your possession or control.
We may assign or otherwise deal with the benefit of any contract made pursuant to the Contract.
20. Copyright and intellectual property
20.1 Our resources (including but not limited to catalogues, Website, text, graphics, logos, icons, sound recordings, software, teaching resources) are owned by us and our licensors (‘Resources‘). Our Resources must not be copied or reproduced (in whole or in part) in any form without our express permission given in writing.
20.2 You acknowledge that all of the intellectual property rights (including copyright in the Resources or trademarks used in our catalogue or Website) will remain vested solely in She Maps or our licensors (as the case may be) and you will not obtain any right, title or interest in the Resources.
20.3 If purchasing access to our resources, you are bound by our End User Licence Agreement, available on our website at www.shemaps.com.
22. Website and catalogue
We make no representation or warranty with regard to the accuracy, completeness or suitability of the information in our catalogues and on our Website. You should make your own enquiries to check if the information in our catalogues and on our Website is accurate, complete and suitable for your intended use. Our Website may contain information that includes the views or recommendations of others which are not necessarily our views.
To the maximum extent permitted by law, we shall not be liable for any loss (including without limitation loss of profits or indirect, consequential, special, explementary, punitive loss or damage suffered or incurred by you arising from or in connection with this agreement, your use of our Website or the Resources, or any order for goods even if we are advised of the possibility of such loss or damage.
24. Entire agreement
24.1 Unless agreed otherwise in writing between She Maps and you:
(a) the Conditions exclude and supersede all prior discussions, representations and arrangements and any other oral or written terms and conditions; and
(b) in the event of ambiguity, conflict, or confusion between any other documents which we agree will form part of the Contract, the terms of the Conditions will prevail.
24.2 This does not apply to any existing written agreement between She Maps and you in force prior to the date of the Contract.
If any provision of this Contract is unenforceable, illegal or void, that provision is severed and the other provisions of this Contract remain in force.
Any notice to be given to a party under the Contract must be in writing and must be sent by post or email to the address of that party shown in the purchase order or order acknowledgement. Notice is deemed to have been given at the time it would have been received in the normal course of post if sent by post, or if otherwise given at the time it was actually received.
27. Governing law
This Contract is governed by and must be interpreted in accordance with the laws of Queensland, Australia and the parties submit to the exclusive jurisdiction of the courts of Queensland, Australia.
28. International Orders
8.1 The purchase price for the Goods will be specified in the Order and will be quoted in Australian dollars (unless requested by you otherwise) (Purchase Price).
8.2 The Purchase Price will be exclusive of:
8.2.1 any Australian or other foreign country taxation, which may be assessed by Australia or any other country to be payable in addition to the Purchase Price;
8.2.2 any bank charges (including credit card surcharges);
8.2.3 any foreign currency conversion from Australian dollars to the currency applicable to you (to be assessed by us);
8.2.4 all delivery charges (including import duties, freight, carriage and related insurance);
8.2.5 any fees or expenses (including customs expenses) incurred by you in receiving the Goods; and
8.2.6 are subject to alteration by us without notice from time to time, (together, Charges).
8.3 Discounts and promotions published in our catalogues, promotions and on our websites are not applicable to international orders via our agents, re-sellers, or distributors.
8.4 Manufacturer warranties may not be available to you if the product is used outside of Australia.