Terms and Conditions

 

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

  • All of the products on the Site are subject to availability. Due to market conditions outside our control, sometimes we will need to substitute certain products in your order;
  • We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted;
  • Our liability under these terms is limited to the price paid by you for the products the subject of the relevant claim, and we will not be liable for consequential loss;
  • We will have no liability for loss of, or damage to, the products, any injury or loss to any person, failure or delay in providing the products or a breach of any law, where such loss was caused or contributed to by any event or circumstance beyond our reasonable control or act or omission of you or your related parties;
  • We may amend these Terms at any time by publishing updated terms on our Site; and
  • We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site or for featuring certain products or services on the Site.

Nothing in these terms limit your rights under the Australian Consumer Law.

 

  1. Introduction
      1. This website (Site) is operated by Graih Pty Ltd ATF Graih Unit Trust (ABN: 1630 3968 834) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site. 
  2. Use of the Site
      1. You accept these Terms by placing an order via the Site. 
      2. You must not use the Site and/or place an order for products through the Site unless you are at least 16 years old. 
      3. When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including: 
        1. anything that would constitute a breach of an individual’s privacy or any other legal rights;
        2. using the Site to defame, harass, threaten, menace or offend any person;
        3. using the Site for unlawful purposes;
        4. interfering with any user of the Site;
        5. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
        6. using the Site to send unsolicited electronic messages; 
        7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
        8. facilitating or assisting a third party to do any of the above acts.
  3. Accounts
      1. You may purchase products from us without an account or you may choose to create an account with us which allows you to [review your order history and save your wish list]. [You may also register for an account using your Facebook or other social media network account (Social Media Account). If you sign in to your account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your name and other basic information.]
      2. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
      3. It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
  4. Orders
      1. You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
      2. We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
      3. It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.
      4. When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an [order number, an order ID, the delivery and billing addresses and a description of what was ordered].
      5. All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products. 
      6. We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a [refund or a store credit or to place your order on backorder]. If you choose a refund or store credit, any delivery costs you have paid for the products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available.
      7. You may cancel your order at any time prior to accepting delivery of the products. If the products have already been dispatched then you must promptly reimburse us for the costs we incur, including return shipping and re-stocking. We will inform you of these costs.
  5. Price and payments
      1. You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are [inclusive] of Australian GST (where applicable).  
      2. You must pay the Price upfront using one of the methods set out on the Site. 
      3. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
      4. The payment methods we offer are set out on the Site. We may offer payment through a third-party provider, including PayPal and AfterPay. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
      5. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
      6. Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.
      7. We may from time to time issue promotional discount codes or via social media for certain products on the Site. 
      8. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. 
      9. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
  6. Gift Cards
      1. You may purchase a gift card on the Site. Gift cards can only be redeemed for products on the Site.
      2. When you purchase a gift card, details of the gift card will be sent to your chosen recipient by email. 
      3. The gift card will include a unique code which will be required to redeem the gift card. The unique code on a gift card should be treated as cash and cannot be replaced if lost or stolen. We are not responsible if a third party uses your gift card’s unique code.
      4. Our gift cards expire [3] years from the date of purchase. It is your responsibility to keep track of the expiration date. We will not send you any reminders of when your gift card will expire. Any unused credit will expire on the expiration date, and cannot be redeemed after this date. If you are purchasing a gift card for another person, you should ensure that they are aware of these Terms, and the relevant expiry date of the gift card.
      5. You can redeem your gift card by heading to your shopping cart on the Site and entering the unique gift card code when prompted at checkout.
      6. If the amount of your gift card does not cover the total price for the items you wish to purchase, you will need to pay the remainder of the purchase with another payment method.
      7. If a purchase made using a gift card is cancelled or returned, the portion of the purchase attributable to the gift card will be refunded as credit to use on our Site only.
      8. (h)Any unused balance will remain as credit on the gift card until the expiry date, and is not transferable for a cash payment.
  7. Delivery, title and risk
      1. If possible we will deliver the products to the delivery address you provide when making your order. We deliver worldwide (unless our delivery company does not deliver to your area). Please refer to the delivery information on the Site to ensure you are in our delivery area. 
      2. Delivery costs are set out on the Site and are to be paid in addition to the Price.
      3. We normally dispatch products within [24-48] hours of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. 
      4. If you need to change the delivery day or delivery address, please notify us immediately in writing. 
      5. We deliver the products using a range of delivery methods. You may need to sign for some deliveries.  If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.
      6. Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
      7. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. 
      8. If your product has not been delivered by the expected delivery date and you believe it may have gone missing during shipment, you must immediately notify us. Upon notification, we will contact the relevant courier. If your shipment has been deemed by the courier to have gone missing, we will send you a replacement for the product, or, if the product is sold out on our website, we will refund you the cost of the product.  
  8. Warranty against defects
      1. In Australia, our goods come with guarantees which 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. 
      2. In addition to any other rights you may have under the Australian Consumer Law we warrant to you that the product we supply to you will be free from defects for [1] month (Warranty). 
      3. What is a defect? Our Warranty applies to any fault, error or defects in the products (Defect).
      4. What do you need to do to claim the Warranty? Within [30 days] after the delivery of the products, you believe you have a product the subject of a Defect, you must cease using the product and contact us in writing along with a photo and description of the Defect. If we ask you to, you must return to us the defective products, together with all parts, documentation and proof of purchase to the contact details set out below.  
      5. Where you return a product as part of Defect claim, you will need to cover any associated costs of you returning the products to us and where we find the product is covered by our Defect we will refund the associated costs of you returning the product to us.
      6. When we receive the products you return, we will assess the alleged Defect and make a determination as to whether the claim is valid under our Warranty.
      7. What will we do if you make a successful claim under our Warranty? We will, at our own cost:
        1. repair or replace the product (the decision of whether to repair or replace is at our sole discretion); or
        2. if we are unable to repair or replace the product, we will offer you a choice of a credit, refund or compensation as applicable to the Defect.
      8. Damage Not covered by our Warranty The following damage is not covered by our Warranty:
        1. Normal wear and tear; 
        2. Discolouration; and 
        3. Aesthetic blemishes, such as pilling.
  9. Returns 

Change of mind returns

      1. We offer exchanges (subject to stock availability) or refunds of products for change of mind where we determine (at our absolute discretion):
        1. you have provided the proof of purchase and you purchased the products within 14 days prior to the request for an exchange or refund;
        2. the products are in their original condition and have not been used, worn, damaged, tampered with, washed or altered;
        3. the products are in their original undamaged packaging with all product tags still intact;
        4. the products are not sale items, custom-made, special buy products or gift vouchers; and
        5. a return and exchanges slip has been completed.
        6. A restocking fee of 10% will be charged on all third party orders that require a full refund. No fee will be charged on items for a store credit.
        7. Any return to sender parcels will incur a processing fee and will incur an additional return to sender postage fee. 
      2. We offer store credit for products for change of mind where we determine (at our absolute discretion): 
        1. you have provided proof of purchase and you purchased the products within 14 days prior to the request for an exchange or refund; and 
        2. you have complied with the requirements in clause 9(a)(2)-(5) above. 
      3. We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.
      4. You may have rights under the Australian Consumer Law (see below) in addition to this clause.
  1. Australian Consumer Law 
      1. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
      2. Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us. 
      3. Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.
  2. Limitations
      1. You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.
      2. Despite anything to the contrary, to the maximum extent permitted by law: 
        1. our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
        2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

      1. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
      2. Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:  
        1. loss of, or damage to, the products, or any injury or loss to any person;
        2. failure or delay in providing the products; or 
        3. breach of the Terms or any law,

where caused or contributed to by any: 

        1. event or circumstance beyond our reasonable control; or
        2. act or omission of you or your related parties. 
  1. General
      1. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). 
      2. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
      3. Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
      4. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. 
      5. Entire agreement: Subject to your rights under the Australian Consumer Law, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
      6. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
      7. Governing law: These Terms are governed by the laws of Western Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site. 
      8. Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

 

For any questions and notices, please contact us at:

Graih Pty Ltd ATF Graih Unit Trust (ABN: 1630 3968 834)

Email: hello@raiandco.com.au

Postal: 103 Port Road, Thebarton SA 5031

Last update: 10 February 2022

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