Terms and Conditions

• Legal Capacity
• Credit Card Fraud
• Disclaimer
• Trading Terms and Conditions
• Intellectual Property

Legal Capacity

The law states that a minor cannot enter into contracts. By making an on-line purchase the customer accepts these terms & conditions and acknowledges to be over the age of eighteen (18) years and enters into a legal contract with smartstore.com.au. Should smartstore.com.au suffer any loss or damage, as a result of a transaction entered into by a minor, smartstore.com.au reserves the right to seek compensation and legal action for such losses from the parents or guardians of the minor who caused the order to be placed.

Credit Card Fraud

At smartstore.com.au we take we take online fraud very seriously, and our primary goal is to ensure our many valued customers are assured that transacting with us is a secure, safe and easy procedure.

smartstore.com.au employs the latest in Secure Sockets Layer (SSL) technology. We use 256-bit encryption software. This is the highest form of encryption possible and this protects your details as they travel over the internet.

Our secure server software (SSL) is the industry standard and among the best software available today for secure e-commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read as the information travels over the Internet.

We will not enter into any transaction on suspicion of use of fraudulent or unauthorised credit card. This includes suspension and cancellation of the transaction and/or prevention delivery of goods which are the subject of a suspected illegal transaction. smartstore.com.au will take reasonable action to notify relevant authorities and providing all information pertaining to the transaction to facilitate prosecution of the offender.

Disclaimer 

smartstore.com.au does not take responsibility for direct or indirect damages & consequential losses suffered by use of fraudulent or unauthorised credit cards. smartstore.com.au does not take responsibility for direct or indirect damages & consequential losses associated with damage to goods occurring during delivery. All our items are shipped with transit insurance.
The customer shall contact smartstore.com.au to make a shipping claim and smartstore.com.au shall resolve the complaint with the transit insurer. By accepting these terms and conditions, the customer acknowledges that s/he has sufficient notice of this disclaimer, s/he has entered into this transaction and accepted this disclaimer of his or her own free will.

Trading Terms and Conditions 

Payments:

• All payments are done through our smartstore.com.au Secure Online Checkout System.

• Payments must be made within 5 days from the date of sale.

• Shipping costs are automatically calculated at checkout.

• smartstore.com.au accepts Direct Deposit, Cheque, Money Order, VISA, Master Card, PayPal or Cash Payment on pickup.

• All Prices include GST and are quoted in Australian Dollars.

• If payment is not received within 5 days from our invoice date, smart store.com.au reserves the right to cancel the transaction.

Delivery:

 

• smartstore.com.au currently ships only within Australia. For overseas orders
  please contact us

 

• Majority of our items are shipped with Australia Post. Some larger items and depending on destination are shipped with selected leading nation wide couriers such as TOLL IPEC or TNT. We strive for prompt and safe shipping right around Australia.

 

• All items shipped within Australia are covered by transit insurance and requires signature upon delivery.

 

• Products lost in transit will be replaced upon completion of investigation with Australia post or courier company.

 

• We do allow pickups from our Melbourne (Caulfield) office. Please email or call us advising you would like to pickup your item prior to making payment. Pickup is for cash payment only.

 

• Because we are a multi vendor seller, we ask for upto 7 days shipping time from the date of payment, although in most cases delivery is much quicker than this.
  If you have not received your item after 10 days of shipping please email us at
  sales@smartstore.com.au

Warranty and Returns

 

• Your happiness is our number one priority at smartstore.com.au.
  If you receive any products that are damaged or faulty, we will happily organise an exchange for you at our expense.
• Products within 14 days from the date of dispatch which are Dead on Arrival (DOA) will be replaced or repaired.
• Products damaged in transit must be reported to us within 24 hours of receival of product.
• Dead on Arrival (DOA) products must be returned back to us within 7 days.
• Replacement product will only be shipped after the faulty item has been received by smartstore.com.au.
• For all assistance with warranty and returns please email sales@smartstore.com.au.
• Warranty applies to the original product and is not extended for replacements. Warranties vary from product to product, please refer to product description for warranty duration.
• smartstore.com.au are not responsible for any products returned without a Return Authorisation number.
• smartstore.com.au is not liable under this warranty where in the Seller’s reasonable opinion a defect is caused by fair wear and tear by careless or improper handling, non-adherence to operating instructions, improper installation or by other abuse or misuse caused by the Customer or a third party
• smartstore.com.au reserves the right to charge the Customer, at the Seller’s current hourly rate, for the cost of examining the Product if such examination by the Seller reveals that the Product is not defective
• smartstore.com.au is not liable under this warranty where any defect, loss or damage is caused to the Product during delivery or shipping.
• Refunds and returns or replacements after initial 14 days do not include postage and/or handling charges and all such charges are at the expense of the Customer.
• Where a refund is authorised, there may be a delay of up to, and possibly exceeding, 7 days from the authorisation date.

Refunds

• We will offer a refund only if we are unable to replace the item and if we are contacted within 14 days from the invoice date. No refunds are offered after 14 days.

• No refunds will be issued if the item arrives damaged, we will send a replacement.

• No refunds offered if you have changed your mind about the goods.

• Shipping costs are non-refundable after first 14 days.

• Refunds will be issued by direct deposit, Credit of visa/master card, cheque or PayPal.

What smart store will do in the event of a legitimate claim

smart store will, in its absolute discretion:

• repair the Product or pay for the cost of having the Product repaired;
• replace the Product a maximum of two (2) times at the Customer’s request;
• supply an equivalent Product; or
• pay for the cost of replacing the Product or acquiring an equivalent Product.
• However, smart store will not issue refunds in the event that the customer changes his or her mind. Refunds will only be issued to the extent required by the Trade Practices Act 1974 (Cth) and Sale of Goods Act 1958 (Vic). Nothing in these Terms and Conditions is to be taken as an express or implied repudiation of the Seller's obligations under these pieces of legislation.
  
  

Quotations and Orders:

• Any quotation given by the Seller to the Customer is not an offer or obligation to sell but an invitation to treat only. Because stock levels are subject to rapid variation, the Seller reserves the right to accept or reject any order it receives.
  
  

Retention of title

• It is expressly agreed and declared that the Product delivered by the Seller to the Customer remains the sole and absolute property of the Seller as legal and equitable owner until all money due to the Seller has been paid to the Seller, but such Product will be at the Customer's risk from the time of dispatch of the Product to the Customer.

Intellectual Property

smartstore.com.au reserves all rights to all intellectual property owned.

None of the intellectual property including text, designs, logos shall be used by any other individual, corporation or group.

The smartstore.com.au web site incorporates the intellectual property of third parties under licence .

Communication with Smartstore

We reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will disable that functionality for your account. Our communications will contain a clear link to Unsubscribe. Once you have unsubscribed we will remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.

Tell-A-Friend Messages

The SmartStore message services available to our guests are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in messages. Examples of the kinds of conduct or content that are prohibited in messages include:

• The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or SmartStore rule or policy.
• The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
• The impersonation of any person or entity in any part of a message.
• You are solely responsible for the content of your messages and SmartStore assumes no liability for any content submitted by you. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other SmartStore guests or any third party. SmartStore reserves the right to purge the content you provide at any time.
  

Colours

We have done our best to display as accurately as possible the colours of the products shown on the Web Site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Correction of Errors and Inaccuracies; Limitations on Quantity

Whilst SmartStore makes every reasonable effort to present accurate information on the Web Site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order and/or made payment). Such errors, inaccuracies or omissions may relate to product description, pricing and availability. If, for example, the price or description of a product offered for sale on the Web Site is incorrect due to a technical or administrative error, any agreement arising from any acceptance of such offer will, in SmartStore's discretion, be void. We also reserve the right to limit quantities (including after you have submitted your order and/or made payment). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.

Sale of Goods and Delivery

On your request, we will organise for the delivery of your order to your designated delivery address. Our delivery contractors are Australia Post and various couriers. Each product page will show the delivery charge for that item.

Certain of the products available for sale through the Web Site may not be located at SmartStore's Australian warehouse.

Customs, Duties and Taxes

In relation to products located outside Australia, you are responsible for ensuring that the goods the subject of your order can be lawfully imported to the destination country (i.e., Australia/New Zealand). You are the importer of record and must comply with all laws and regulations of the destination country. For Australian customers, your orders may be subject to import costs such as customs duties and GST. You are responsible for the payment of any such costs (which may be in addition to the stated purchase price for such goods on the Web Site).

Indemnification

You agree to indemnify and hold SmartStore and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, reasonable legal costs and expenses on a full indemnity basis) incurred by you or by the Parties arising from any claim, demand, suit, action or proceeding by any person against you or the Parties where such loss or liability arises out of, in connection with or in respect of your use of the Web Site, any breach by you of these Terms and Conditions and/or any goods purchased by you from SmartStore.

Limitation of Liability

In no event shall SmartStore or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. To the maximum extent permitted by applicable laws, SmartStore's liability is limited to an amount equal to the purchase price of the relevant good(s).

To the extent permitted by applicable laws, SmartStore does not accept any liability for:

• any damage or injury of any nature caused by the use or misuse of products purchased from SmartStore;
• errors, mistakes or inaccuracies on the Web Site;
• you acting, or failing to act, on any information contained on or referred to on the Web Site and/or any linked website;
• any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
• any interruption or cessation of transmission to or from the Web Site; and/or
• any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Web Site by any third party.

Miscellaneous

These Terms and Conditions are legally binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Victoria. Each party submits to the exclusive jurisdiction of the Courts of Victoria. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of SmartStore. These Terms and Conditions (including all of the policies and other agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by SmartStore in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.

Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is included in sales to Australian customers but not to New Zealand customers. New Zealand customers do not pay GST when purchasing from SmartStore. Where GST becomes payable on arrival of orders to New Zealand these costs will be covered by SmartStore.

Statutory Conditions and Warranties

Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au.