Please read these Terms and Conditions carefully before using this Website. By proceeding to access or use the Website, you agree to be bound by these Terms and Conditions as they appear on the Website from time to time. While the information and material contained on the Website is believed to be current and accurate, it is provided by Newrybar Merchants in good faith or an “as is” basis. Any amendments made to these Terms and Conditions will be effective immediately upon them being displayed on the Website.
These Terms and Conditions are to be read in conjunction with the Newrybar Merchants “Privacy Policy”.
1. RISK AND TITLE
Newrybar Merchants will retain title to the products you order until you have made payment in full for those products but all risk in the products will pass to you upon the delivery of the products to, or the collection of the products by, a postal or courier service. You should therefore consider whether to obtain any suitable insurance in respect of the products.
2. CAPACITY
The products on the Website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of eighteen (18) years of age, and to any other persons who are legally prohibited from entering into binding contracts. By making an online purchase you accept these terms and conditions and acknowledge that you are over the age of eighteen (18) years of age.
3. ORDERS
Orders placed by you in the manner described on the Website is an offer by you to purchase a particular product for the exact price (including the delivery and other charges and taxes) specified on this website at the time you place your order.
Newrybar Merchants reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price or the product description posted on the Website, or an error in your order. Please note that the rejection of any offer by us is at our sole discretion. Your contract with Newrybar Merchants only comes into existence when we forward to you confirmation of receipt of your order and payment.
4. ACCEPTANCE OF THE GOODS
The buyer is responsible for inspecting the goods for fault and notifying us within 5 working days of receiving the goods should there be a fault.
5. PRICES
All prices displayed on the Website, including and without limitation, prices of products and services, and delivery and other charges, are quoted in Australian Dollars and are current at the time of issue, but are subject to availability and may change at any time without notice. There may be duties and taxes added to your package by the destination country, and you will be responsible for these upon delivery as these are not included in your order total. All credit cards are charged in Australian Dollars. Any changes to prices displayed on the Website are at the sole discretion of Newrybar Merchants.
6. GOODS ARE SERVICES TAX (GST) AND OTHER TAXES
Prices displayed on the Website are inclusive of GST applied at the rate of 10%.
You are responsible for the payment of any and all taxes, charges, duties, imposts or other liabilities imposed by any government agency, government taxation agency or other government body, including without limitation, any customs duty, any additional GST payable or any value added tax imposed on any products or services acquired or ordered by you from the Website.
7. DELIVERY
Please read the “Shipping and Delivery” information contained in the Website. Please note that delivery times are indicative only and Newrybar Merchants will not be liable for any failure to observe these delivery times.
8. CHANGE OF ADDRESS
The shipping address for your order is shown at the checkout and on your order confirmation and shipping confirmation emails. In the event that an incorrect address was entered, address changes can only be made until the order begins processing. Newrybar Merchants cannot accommodate all address change requests.
Newrybar Merchants takes no responsibility for orders shipped to an incorrect or invalid address and is not liable for any loss incurred due to change of address.
9. INTERNATIONAL CUSTOMS CHARGES
Please be aware that some orders may incur a customs or import duty charge. Newrybar Merchants do not have any control over these charges or are unable to advise what they will be, as it is based on your own countries regulations & compliances. For more information, please contact your local customs office. All charges are to be paid by the customer on delivery of order. Orders cannot be returned to sender and Newrybar Merchants will never pay these customs charges on your behalf. If you refuse to pay these charges your parcel may be abandoned, and Newrybar Merchants will not be held responsible for any loss of funds as a result of this occurrence. We cannot mark International orders as a gift in order to bypass or reduce any customs fees. This is an illegal practice and as an established business we will not do this.
10. REFUNDS
The circumstance in which Newrybar Merchants is obliged to make a Refund (if at all) is detailed in the “Return Policy” information.
11. LIMITATION OF LIABILITY
Please be aware that Newrybar Merchants will not be liable for any direct, indirect, incidental, special or consequential loss or damage (including loss of profits, opportunity, production, revenue, access to markets, reputation, goodwill, use or any remote, unforeseeable, indirect, or abnormal loss), resulting from use or inability to use the Website; or for the cost of procurement of substitute products; or resulting from any products purchased or obtained or messages received or transactions entered into through the Website; or resulting from unauthorised access or alteration of your transmissions or data or of any information contained on the Website, including without limitation, damages for loss of profits, use, data or other intangible, even if Newrybar Merchants have been advised of the possibility of such damage or loss.Where legislation implies in the Terms and Conditions any term, condition or warranty, and that provision avoids or prohibits terms in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty will be deemed to be included in the Terms and Conditions, however, the liability of Newrybar Merchants for any breach of such term, condition or warrant will be limited, at the option of Newrybar Merchants, to any one or more of the following:
- Replacement of the product or supply of equivalent product;
- Repair of the product;
- Payment of the cost of replacing the product or of acquiring equivalent products; or
- Payment of the cost of having the product repaired.
12. WARRANTIES AND REPAIRS
All warranties offered are the manufacturers warranties and not that of Newrybar Merchants. Warranty periods vary for each product, and are provided by the relevant manufacturer.
All repairs are carried out by the manufacturer and not by Newrybar Merchants. If a faulty item cannot be repaired, a replacement or refund will be offered. Please note that Newrybar Merchants cannot control the availability of parts of replacement goods.
Newrybar Merchants has no control over manufacturer repair periods and is not able to advise what they will be. We will however do everything we can to ensure that any faulty item is handled as quickly as possible and that you remain informed throughout the process. If you choose to return goods directly to the manufacturer, Newrybar Merchants cannot be held accountable for repair periods or communication from the manufacturer.
13. TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Newrybar Merchants retains the right to refuse or cancel any orders placed for product listed at the incorrect price. Please also note that Newrybar Merchants has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. However, if your credit card has already been charged for the purchase and your order is cancelled, Newrybar Merchants shall immediately issue a credit to your credit card account for the amount of the charge.
14. VIRUSES
Newrybar Merchants does not guarantee that any information (including any file) obtained from or through the Website is free from computer viruses or other faults or defects. It remains your responsibility to scan any such information for computer viruses. Please note that Newrybar Merchants will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused, and whether by negligence or otherwise, which may result directly or indirectly from any such information.
15. TERMINATION OF ACCESS
Newrybar Merchants reserves the right to terminate your access to the Website at any time and for any reason whatsoever including and without limitation to a breach of these Terms and Conditions.
16.DISCLAIMER
By using the Website and agreeing to these Terms and Conditions, you agree to indemnify Newrybar Merchants and its employees, directors, agents, shareholders and other persons involved in the creation of the Website, and hold Newrybar Merchants and its employees, directors, agents, shareholders and other persons involved in the creation of the Website against all loss, actions, proceedings, costs (including legal costs), expenses, claims, penalties, fines, expenses, costs and damages arising from or in relation to any breach by you of these Terms and Conditions, your access and or use or exploitation of the Website, or reliance on its contents or information received through it by yourself or any person accessing any content through the Website as a result of any use or exploitation by you of any material posted by any third party or any other website, or both.
17. COPYRIGHT
Unless otherwise indicated, copyright of the information on the Website is owned by Newrybar Merchants. All rights reserved. Nothing contained on the Website is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information.
18. GOVERNING LAW
The Newrybar Merchants Website is controlled and operated by Newrybar Merchants. By accessing the Website, you acknowledge and agree that any disputes in relation to the Website are to be determined by the courts of New South Wales, Australia, in accordance with the laws of New South Wales, Australia.
19. WAIVER
If Newrybar Merchants waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will be automatically waived on any other occasion.
20. SEVERANCE
If any provision of these Terms and Conditions are found to be invalid or unenforceable in accordance with its terms, all other provisions which are self-sustaining and capable of separate enforcement without regard to the invalid or unenforceable provisions will be and will continue to be valid and enforceable in accordance with their terms.