TERMS & CONDITIONS
BUSSELTON JETTY INC. – JETTY ONLINE STORE
TERMS AND CONDITIONS
These Terms and Conditions apply to all access, uses of and transactions on the Busselton Jetty Inc. Online Store Website (Jetty Online Store).
1. YOUR USE OF THE JETTY ONLINE STORE IS SUBJECT TO THESE TERMS AND CONDITIONS
1.1. Busselton Jetty Inc. (Busselton Jetty, we, us, our) provides the Jetty Online Store to you on these Terms and Conditions. Your use of the Jetty Online Store is subject to you accepting the Terms and Conditions, as amended from time to time (Terms and Conditions). If the terms and conditions change, they will be updated on the Jetty Online Store site.
1.2. You are responsible for complying with these Terms and Conditions and with all laws (and with any other terms and conditions) that apply to your use of the Jetty Online Store.
1.3. By accessing or using the Jetty Online Store, you accept and agree to these Terms and Conditions in full, without any limitation or qualification. These Terms and Conditions constitute a legally binding agreement between you and Busselton Jetty that applies to all your uses of the Jetty Online Store.
2. THIRD PARTY E-COMMERCE SITE
2.1. Busselton Jetty utilises a third-party e-commerce platform to host and operate its online store. While BJI makes reasonable efforts to ensure the platform functions correctly, BJI does not own, control, or operate the underlying technology or infrastructure of the third-party provider. The Jetty Online Store is hosted by Lightspeed Commerce Inc. (Lightspeed). More information on Lightspeed’s security can be found here. To the fullest extent permitted by law, BJI will not be liable for any loss, damage, cost, or inconvenience arising from or related to the use of the third-party platform, including but not limited to:
2.2. By using the Jetty Online Store, you acknowledge and agree that certain services may be provided by third-party providers and are subject to their own terms, conditions, and privacy policies. BJI is not responsible for the acts, omissions, or services of these third-party providers. Nothing in this clause excludes, restricts, or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law.
2.3. Your data is stored through Lightspeed’s data storage, databases and the general Lightspeed application. Lightspeed protects data in transit and at rest using strong encryption protocols. Lightspeed hosts its product infrastructure with multi-tenant, outsourced infrastructure providers.
2.4. If you choose a direct payment gateway to complete your purchase, as per the Payment Card Industry Data Security Standard (PCI-DSS) cardholder data is not is not stored, processed or transmitted in Lightspeed. Lightspeed uses PCI Compliant third party service providers to handle these transaction. Further information can be accessed via Lightspeed Security, Compliance & Certifications.
2.5. All payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of companies including Visa, MasterCard and American Express.
3. PLACING ORDERS
3.1. If you wish to place an order on the Jetty Online Store, you must be at least 18 years of age. All personal information provided must be accurate and truthful at the time of purchase. We reserve the right to investigate suspected fraudulent activity and may report such activity to relevant authorities.
3.2. By placing an order with Jetty Online Store, you are making an offer to enter into an agreement to purchase the goods specified in your order. Orders will be deemed received by us at the time we send an order confirmation to your nominated email address.
3.3. Any e-mail or other electronic acknowledgement by us of receipt of an order placed by you does not constitute legal acceptance of your order. All orders are subject to approval by us.
3.4. When processing your order, the information provided will be subject to credit and fraud prevention checks. For these purposes we may transfer your information to trusted third parties.
3.5. From time to time we may restrict the quantity of goods which can be purchased in one order or during a particular period of time or per person or per address. Restrictions will be stated on the Jetty Online Store or as otherwise notified to you.
3.6. You agree and acknowledge that all goods purchased from the Jetty Online Store are intended for personal, non-commercial use only and will not be re-sold.
3.7. You agree to obtain consent to provide us with personal information of recipients of gifts of goods ordered by you.
3.8. Busselton Jetty reserves the right to accept or reject your order where necessary, including where products are unavailable, pricing errors occur, or we reasonably suspect fraudulent activity. If we reject your order after payment has been processed, you will receive a full refund.
3.9. Unless otherwise required under Australian Consumer Law, orders cannot be cancelled or changed once submitted. Please ensure that your order details are correct before completing your purchase.
3.10. Your order is accepted by us and becomes a contract when your order is dispatched.
4. PRICING, PAYMENT AND ACCURACY OF INFORMATION
4.1. When you place an order, we will charge you and you agree to pay the price and any applicable delivery fee.
4.2. All prices are in Australian Dollars and are inclusive of Australian Goods and Services Tax (GST) where applicable. We will issue a compliant tax invoice where appropriate.
4.3. All goods and prices are subject to change without notice and goods remain the property of Busselton Jetty until paid in full.
4.4. Promotional prices only apply in the period stated for the promotion.
4.5. We reserve the right to change or alter prices without notice to you. If you have already submitted an order at a particular price, we will supply the goods at that price (unless your order is affected by a pricing error, in which case clause 4.9 will apply).
4.6. Any payment for an order must be cleared by us before goods are dispatched. If your payment cannot be processed, your order will be rejected and you will be notified of this.
4.7. In paying or attempting to pay for goods, you agree that you have not engaged in any fraudulent conduct or contravened any law.
4.8. You acknowledge and agree that:
(a) all pictures and images of goods displayed on the Jetty Online Store are for illustrative purposes only; and
(b) where we provide dimensions, measurements or other information in the description of goods, the dimensions etc may vary slightly.
4.9. We reserve the right not to honour any incorrect offers (eg in price description or image) displayed on the Jetty Online Store made by genuine human or system error. Where your order is affected by such an error:
(a) we will reject that part of the order. you will be refunded the value of the affected part of your order and we will fulfil the balance of your order; or
(b) we reserve the right to cancel your order and refund any money paid to us.
4.10. Busselton Jetty will not engage in misleading or deceptive conduct in relation to pricing and endeavours to ensure that all prices displayed on its website are accurate and up to date. However, errors may occur from time to time.
In the event that a product or service is listed at an incorrect price, Busselton Jetty will take reasonable steps to correct any pricing errors promptly once identified. Busselton Jetty reserves the right to stop selling the item until the incorrect price is corrected.
If payment has already been made for an order affected by a pricing error, the Company will:
(a) notify the customer as soon as practicable; and
(b) provide a full refund or, where agreed, process the order at the correct price.
Nothing in this clause excludes, restricts or modifies any rights or remedies that the customer may have under the relevant Australian Consumer Law provisions.
5. AVAILABILITY
5.1. The sale of goods is subject to availability. Any stock or availability information supplied on the Jetty Online Store is an estimate only.
5.2. From time to time some goods may be out of stock or unavailable and we may not be able to fulfil all or part of your order. The part that can be fulfilled will be dispatched as soon as possible. Where all or part of an order cannot be fulfilled at all, we will advise you and the money paid for the goods in question will be refunded.
5.3. We may withdraw or suspend from sale any goods displayed on the Jetty Online Store, either temporarily or permanently, at any time and without notice and Busselton Jetty will not be liable to you for any loss you or any third party suffer as a result of this.
5.4. Where goods which are the subject of an order have been withdrawn or suspended from sale and your payment for the goods has already been processed, we will refund any money paid to us.
6. SHIPPING AND COLLECTION
6.1. Delivery charges apply. These charges are not included in the stated price for the goods and will be calculated at checkout.
6.2. Postage rates are calculated using the online services of Australia Post. Any charges are a guide only, and are subject to change at the discretion of Australia Post. Busselton Jetty reserves the right to adjust postage calculations accordingly, to suit. Should there be a discrepancy in postage rates, you will be notified and you will need to pay the additional amount.
6.3. Any representations made regarding delivery times are estimates only and are subject to postal delays or force majeure, for which we are not responsible.
6.4. In rural and regional areas of Australia, delivery times for Express Parcel Services are in respect of delivery to the post office of the principal township in that area. Delivery to final destinations may take longer. If in doubt, please check with your local post office.
6.5. A signature (and possibly identification) on delivery or collection may be required. If you refuse, then you will be taken to have refused delivery or collection.
6.6. If no one is able to accept delivery of your order and a signature is not required for the delivery, a collection card with instructions on where to collect the goods will be left for you.
6.7. Our Shipping Policy is available here.
7. RETURNS
We will assess a request to return a product in accordance with our Returns Policy.
8. SECURITY AND PRIVACY
8.1. While all reasonable care is taken to protect the confidentiality of your personal information, we will not be liable if, through no fault of our own, these details are intercepted by and used by third parties.
8.2. Credit Card numbers are not stored on the Jetty Online Store, and all transactions take place in a secure environment, with processing managed by Lightspeed.
8.3. Your connection to the Jetty Online Store uses SSL encryption.
8.4 When you use the Jetty Online Store we may ask for your personal information. Your personal information is handled in accordance with the Busselton Jetty Inc. Privacy Policy.
9. INCORRECT DETAILS SUPPLIED
In the event you supply incorrect payment or delivery details, we will take all reasonable steps to contact you using the personal details that you have provided. If your supplied contact details are incorrect, we will not be responsible for not fulfilling your order, nor for being unable to advise you.
10. INTELLECTUAL PROPERTY
10.1. The materials displayed on the Jetty Online Store, including all information, photographs and trade marks are the property of Busselton Jetty (or licensed from third parties) and are protected by copyright, trade mark and other intellectual property laws. Busselton Jetty does not grant any licence, or right in, or assign all or any part of, its (or third parties) intellectual property rights in the content of the Jetty Online Store or in the user interface.
10.2. You agree not to reproduce, communicate or circulate any content displayed on the Jetty Online Store without our prior written consent.
11. LINKS AND ADVERTISEMENTS
11.1. Hypertext links to external sites are provided in good faith, as a convenience to users. These external information sources are outside of Busselton Jetty's control and it is your responsibility to make your own decisions about the relevance, accuracy, reliability and correctness of material found on external sites. The inclusion of any link does not imply that Busselton Jetty endorses the linked site, and you use the link at your own risk.
12. PRODUCT RECALLS
12.1. If an item is subject to a product recall, a notice will be posted on the Jetty Online Store. You can return recalled items as instructed in the product recall notice.
12.2. You consent to us contacting you or a gift recipient and using the personal information provided in your order, to notify you of a product recall.
13. DISCLAIMER
13.1. To the maximum extent permitted by law including the Australian Consumer Law:
(a) we disclaim all warranties with regard to the information and applications contained on the Jetty Online Store and your use of the Jetty Online Store;
(b) we and our officers, employees, contractors and agents disclaim liability for any damages (including special, indirect or consequential) arising out of or in connection with the use, performance, availability or unavailability of the Jetty Online Store, whether in contract, at common law or in equity, or on any other basis.
(c) if we become liable for any breach of any guarantee, condition or warranty, our liability shall be limited, to the extent permitted by law, to one or more of the following, in our discretion:
(i) in the case of goods, replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring goods, or payment of the cost of having the good repaired; and
(ii) in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.
13.2. You represent and warrant to us that we will not be liable for any expense or injury (including special, indirect or consequential loss) in contract, tort, under statue or otherwise, howsoever caused.
13.3. Our liability to you for loss or damage of any kind will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
14. TERMINATION
We may, at our discretion, terminate the contract for the supply of goods and/or services to you if we reasonably believe that you have breached these Terms and Conditions and:
(i) that the breach is not capable of remedy; or
(ii) if the breach is capable of being remedied and you have been provided with notice of the breach, you failed to remedy that breach within 14 days.
15. GENERAL
15.1. Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions or affect the validity or enforceability of that provision in any other jurisdiction.
15.2. Our failure or delay to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right.
15.3. These Terms and Conditions are governed by and are to be construed in accordance with the laws of Western Australia. The courts of Western Australia have exclusive jurisdiction in respect of any dispute which may arise.
16. QUERIES AND ADDITIONAL TERMS
Should you have any queries, please contact Busselton Jetty Inc. by emailing retail@busseltonjetty.com.au
For full Lightspeed Terms of Service:
