Terms & Conditions
Unique Cargo Terms and Conditions
Unique Cargo a registered business name of International Marketing Concepts Pty Ltd (ABN 62 105 504 952) (also called “Unique Cargo”, “we” and “us”) is a company registered in Australia. We are an online retailer that provides unique goods and organises sales events for our members/non-members (“you”) for the home through our web site at www.uniquecargo.com.au (“our web site”).
About these Terms and Conditions
These Terms and Conditions, which include our Privacy Policy
set out the terms of the agreement between you and Unique Cargo. By using our
web site you unreservedly accept these Terms and Conditions, including
our Privacy Policy, and you agree that your use of our web site, including
any purchase of goods from us, is subject to the terms thereof.
These Terms and Conditions cannot be varied without our written consent. We may
update these Terms and Conditions from time to time and the current version
will always be shown on the Terms and Conditions page of our web site. We
encourage you to read these Terms and Conditions, and contact us if you have
any particular questions. If you do not agree to these Terms and Conditions,
you must not use our web site in any manner.
Accessing our web site
We will not be liable if for any reason our web site is
unavailable at any time or for any period. From time to time, we may need to
restrict access to our web site (wholly or partly).
You are responsible for making all arrangements necessary for your own access
to our web site. You are also responsible for ensuring that all persons who
access our web site through your Internet connection are aware of these Terms
and Conditions, and that they comply with them.
Membership
Membership is free. By joining Unique Cargo via our web site you warrant that you are at least 18 years of age, resident in Australia and that you are able to form legally binding contracts in Australia. We reserve the right to decline an application for membership or cancel a membership at our sole discretion and without giving any reasons. Members may not have more than one active account. You are responsible for all activity on your account and for maintaining the security of your password. We are not liable for any losses caused by someone else using your account. If you believe someone else has accessed your account, you must notify us immediately.
Our products
The products for sale on our website are offered as part of
a sale event, which means they are offered for a limited time and are limited
in quantity. Unique Cargo is not a manufacturer and our web site is a portal,
which allows our members to purchase third party products.
The products for sale on our web site are intended solely for purchase by
members for their personal use. You agree not to commercially resell any
product you buy from our web site. We may restrict orders to what we deem to be
normal household quantities.
We endeavour to ensure that all the products on our web site are accurately
described, and we rely on information provided to us by our suppliers.
Unfortunately, on some occasions it is possible that our web site will contain
errors and we reserve the right to correct any errors or inaccuracies at any
time, including after you have placed an order. In some cases the products we
offer for sale are hand-made or made from natural or organic materials, and
there may be small variations between the product image(s) and the product you
receive. We endeavor to ensure that all colours are displayed accurately, but
you should be aware that colours may appear slightly differently on different
displays and screens.
To the extent permitted by applicable law, we do not warrant that the product
descriptions, colours, information or other content available or offered on our
web site are accurate, complete, reliable, current or error-free, nor do we
make any warranty about the standard or quality of any of the products offered
via our web site.
On rare occasions our suppliers find themselves unable to deliver products to
us, or the products delivered are not of sufficient quality or workmanship. We
reserve the right to withdraw any products from our web site at any time and/or
remove or edit any materials or content on our web site. Whilst we will make
our best efforts to process all orders, there may be exceptional circumstances
which mean that we may need to refuse to process an order after we have sent
you an order confirmation, which we reserve the right to do at any time, at our
sole discretion. We will not be liable to you or any other third party by
reason of our withdrawing any product from our web site, whether it has been
sold or not, removing or editing any materials or contents on our web site or
for refusing to process or accept an order after we have sent you the order
confirmation.
Our web site changes regularly
We aim to update our web site regularly, and may change content at any time. If the need arises, we may suspend access to our web site, or close it indefinitely. We will use reasonable endeavours to ensure our web site contains accurate information and content however, we reserve the right to update our web site as soon as an inaccuracy or error is brought to our attention.
Your order
After you have placed your order and we have processed your
payment we will provide you with an order confirmation by email. This email
does not guarantee that the product(s) you have ordered is/are available. It
represents confirmation that we have received your order. Your order represents
an offer to purchase, which we accept when we dispatch your product(s) and send
you an email confirming that your product(s) has/have been dispatched. Once
this email has been sent and the goods have been handed over to the designated
carrier, the contract between you and us is completed. The sale contract is
therefore concluded in Victoria, Australia.
If delivery of an order will result in unacceptably high freight charges to Unique
Cargo, we reserve the right to contact you to request further shipping fees or
to cancel an order prior to dispatch. If we cancel your order in these
circumstances we will issue a full refund to you.
In the unlikely event that a product is unavailable, we reserve the right to
cancel your order prior to dispatch. We will contact you by email as soon as
possible to let you know. You may choose to have a credit to your account or a
refund to the value of the unavailable product. We reserve the right not to
accept your order in the event that we are unable to obtain authorisation for
payment, where we suspect fraudulent activity, or where you do not meet the
eligibility criteria set out, or otherwise contemplated, within these Terms and
Conditions or our web site. We reserve the right to refuse to process or refuse
service to anyone at any time at our sole discretion.
Prices, payment and GST
All prices displayed on our web site are in Australian dollars and include GST. All payments are processed in Australian dollars. We accept payment by Visa, MasterCard, and PayPal.
Prices are subject to change effective immediately upon
posting to our web site or other form of notification.
In some cases our products may be sourced from international markets and may
not be available for sale elsewhere in Australia. In cases where our products
have not previously been sold in any retail market, we work with our supplier
to set a retail price based upon the price of products we deem to be
competitive products in the Australian retail market.
Payment security
We use industry standard encryption to keep your personal information secure throughout the payment process. We do not store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member’s card is used fraudulently.
Delivery
Delivery Fees: Delivery
fees and times vary for different products and are calculated based on the size
and weight of your order and its destination. The delivery price for each order
will be displayed during the checkout process, prior to payment and order
confirmation and included in the total price of your order.
Delivery time:
Typically, delivery occurs within 2-4 weeks of us receiving your payment
authorisation and cleared funds. In some cases the estimated delivery time
frame will be longer, for example where items are made to order. From time to
time the delivery of specific items will exceed our usual 2-4 week delivery
window for reasons outside our control. We work hard to process all orders as
quickly as possible and we will send you an email to let you know when your
item has been dispatched by us.
Risk in the products passes to you on delivery. We do not accept liability for
any loss, theft or damage to the products after delivery
Delivery methods & locations: We
work with a number of delivery partners including Australia Post and courier
companies. Your order will be delivered to the delivery address provided by
you. We cannot deliver to PO boxes. Our delivery partner may leave a card at
the address and you will need to pick up the delivery from your nearest Post
Office or contact the courier company to arrange for re-delivery.
We deliver most products Australia-wide.
Delivery failure: It
is important that you verify your information is correct, especially your
delivery address. If the address provided is incorrect and the package is
returned, you may be billed for the additional shipping charges in order for
your delivery to reach you. You agree to this by placing an order with us, we
reserve the right to pass on applicable charges to you if you provide wrong
address information. We also require a contact phone number, which may be used
by the courier to arrange delivery. If we and our delivery partner have been
unable to deliver your order due to your error or fault after 21 days or 3
attempts (whichever is sooner), we reserve the right to cancel your order. In
these circumstances we will refund you the price of your order, less the
delivery fees incurred by us.
Next day dispatch
Next day dispatch applies to sale events and products
displaying the 'Next Day Dispatch' icon.
Orders received and processed by us before 4pm AEST each business day will be
dispatched on the following business day. Orders received and processed by us
on Friday or weekend days will be dispatched on the following Monday. Similarly,
delivery times may vary due to external factors beyond our control. Purchases
are subject to our usual Terms & Conditions.
Returns
Peace of mind
returns: If you change your mind or your order is not quite
right, you may return it to us within 30 days of the date you received it. You
must contact us with your name and order number before returning any items. The
cost of returning the item to us is your responsibility.
Items returned must be in ‘as-new’ condition. This means you have not used,
damaged, washed or laundered any of the items. Please return items secured in
their original packaging if possible.
After we have received your item and confirmed it is in ‘as-new’ condition, we
will issue you with a store credit or refund of the purchase price less the
initial delivery fees. If you have purchased an item using a free shipping
offer and returned it because you have changed your mind, we will deduct the
actual shipping cost to us from your refund. If we cannot be satisfied
that you purchased the product from us then we will not accept your product for
return.
Your consumer rights: The
goods you purchase come with guarantees that cannot be excluded under the
Australian Consumer Law. If your product is faulty, broken or otherwise
non-compliant with a consumer guarantee under the Australian Consumer Law
please contact us as soon as possible with your name and order number and
our customer care team will advise you on the next steps.
Damaged items: Unfortunately,
and despite our best efforts, items are occasionally damaged in transit. If you
notice that an item is damaged when it is delivered to you, please contact
us within 24 hours of delivery with clear digital photos showing the damage.
Our customer care team will advise you on the next steps.
The type of remedy we offer will depend upon the circumstances. We may arrange
to replace the product (subject to availability), provide you with a partial or
full refund of the purchase amount or work with you to arrange repair of the
item by a local tradesperson in your area. If we require you to return the
product to us, we will pay the cost of the return.
Our rights: We
reserve the right to refuse a refund in cases where we deem damage to a product
to be due to fair wear and tear, misuse, failure to use in accordance with
manufacturer’s instructions or failure to take reasonable care.
Exchange: As we do not
hold stock, we are not able to offer exchanges.
Liability
To the extent permitted by law, we, our directors and
employees, and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied
by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage
incurred by any user in connection with our web site, products or services or
in connection with the use, inability to use, or results of the use of our web
site, any websites linked to it and any materials posted on it, including,
without limitation any liability for loss of income or revenue, loss or
interruption of business, loss of profits or contracts, loss of anticipated
savings, loss of data, loss of goodwill, wasted management or office time and
for any other loss or damage of any kind, however arising and whether caused by
tort (including negligence), breach of contract or otherwise, even if
foreseeable.
This does not affect our liability for death or personal injury arising from
our negligence, nor our liability for fraudulent misrepresentation, nor any
other liability which cannot be excluded or limited under applicable law.
Without limitation to the foregoing, we acknowledge that the laws in certain
jurisdictions including Australia may imply warranties and conditions or impose
obligations on the supply of goods and services through or by means of our web
site which cannot be excluded, restricted or modified except to a limited
extent. If any such laws apply, then to the fullest extent permitted by the law
of the relevant jurisdiction, and in the case of Australia to the extent
permitted by the Competition and Consumer Act 2010 (Cth), our liability is
limited and if any liability remains it will be limited to any one or more of
the following in our sole discretion:
- in the case of any goods, the replacement or repair of the goods, or the
supply of equivalent goods, or the payment of the cost of repairing or
replacing the goods or supplying equivalent goods; and
- in the case of any services, the supply of the services again or the payment
of the cost of having the services supplied again.
Without limitation to the foregoing, you agree that in no event shall our
maximum aggregate liability exceed the amount paid by you for the products in
question. You agree to indemnify us, our directors, employees and
representatives from and against all actions, claims, suits, demands, damages,
liabilities or costs (including legal costs) arising from, or which is directly
or indirectly related to the use of our web site, or any other products or
services accessed via our web site.
Intellectual property
We are the owner or the licensee of all intellectual
property rights (including, without limitation, trademarks and copyright) in
our web site, and in the material published on it (including, without
limitation, its look and feel, brands, logos and trademarks, information,
graphics, photographs, content, images, sounds, video, audio, text, layout,
logos, button icons and the compilation and organisation thereof, and all
intellectual property rights contained therein). Those works are protected by
intellectual property laws around the world. All such rights are
reserved.
You must not scrape or modify the paper or digital copies of any materials you
have printed off, downloaded or extracted in any way, and you must not use any
content separately from any accompanying text. Our status (and that of any
identified contributors) as the authors of material on our web site must always
be acknowledged.
You must not use any part of the materials on our web site, services or
e-commerce facilities for commercial purposes without obtaining a licence to do
so from us or our licensors. If you print off, copy or download any part of our
web site in breach of these Terms and Conditions, your right to use our web
site will cease immediately and you must, at our option, return or destroy any
copies of the materials you have made. You are not permitted to copy, publish
or use any of the content in any way, whether personal or commercial, without
our prior written permission.
Third party web sites
Where our web site contains links or references to other
sites, resources, products or services provided by third parties, these links
or references are provided for your information and convenience only. We have
no control over the contents of those sites, resources, products or services,
and accept no responsibility for them or for any loss or damage that may arise
from your use of them (notwithstanding anything else contained herein).
Your linking to or from these sites, or use of, or reliance on such sites,
resources, products or services is at your own risk. You should carefully
review the terms and conditions and privacy policies of all off-website pages
and other websites or third party suppliers that you visit or transact with.
Links, references or other connections to these sites, resources, products or
services do not imply any endorsement of them or any association with their
owners, operators or advertising material (as the context permits).
You may link to our home page provided your links do not damage our reputation
or take advantage of it, and you must not establish a link in such a way as to
suggest any form of association, approval or endorsement on our part where none
exists. You must not establish a link from any website that is not owned by
you.
Our web site must not be framed on any other site. Our site must not be
utilised by third party web crawlers (or similar) in order to scrape content
form our site for any purpose. We reserve the right to withdraw linking
permission without notice.
Viruses and Hacking
You must not misuse our web site by knowingly introducing
viruses, trojans or other material which is malicious or technologically
harmful. You must not attempt to gain unauthorised access to our web site, the
server on which our web site is stored or any server, computer or database
connected to our web site.
Whilst we do our best to ensure that our web site is virus-free, you
acknowledge that the Internet and e-commerce facilities may attract unknown
contingencies out of our control. Accordingly, we will not be liable for any
loss or damage caused by a virus, system failures or other technologically
harmful material that may infect your computer equipment, computer programs,
data or other proprietary material due to your use of our web site or to your
downloading of any material posted on it, or on any website linked to it. We
always recommend all Internet users ensure they have up to date virus checking
software installed.
Email communication
You consent to receive communication from us electronically, either by email or by us posting notices on our web site and you agree that all communications that we provide to you electronically will satisfy any legal requirement that a communication be in writing.
Force Majeure
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website (such as Facebook) or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
Applicable law
These Terms and Conditions, including our Privacy Policy are governed by the laws of Victoria, Australia and are subject to the non-exclusive jurisdiction of the courts of Victoria. Our web site is available only to people who can form legally binding contracts under applicable law.