Terms & Conditions
These terms apply to the ordering, purchase and delivery of Goods from the Website and form a contract between you and P D & C T MULLANY T/A Ballinaclash ABN 62 095 311 691
These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability.
In these terms and conditions “We”, “Us”, and “Our” mean and refer to P D & C T MULLANY Trading As Ballinaclash.
- Compliance with Terms
You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and Ballinaclash for the supply of Goods.
- Placing Orders for Goods
2.1. You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.
2.2. We will not be liable to you for loss you or any third party suffers for a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.
2.3. You agree to obtain consent to provide us with Personal Information of recipients of gifts or Goods Ordered by you.
2.4. You may Order from us if you are aged 18 years or over, and have an active email account or a telephone number at which you can be contacted.
2.5. If you place consecutive or separate Orders, We cannot consolidate your Orders.
2.6. We reserve the right to accept or reject your Order for any reason at any time. If We reject your Order you will receive a refund of any money paid.
- Availability of Goods
3.1. From time to time, some Goods may be out of stock or are unavailable and We may not be able to fulfil all or part of your Order. If this happens, We will refund you the price paid for the Goods impacted.
3.2. We reserve the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), We will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, under clause 7, and We will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to Us under the Returns Policy.
3.3. If your Order is affected by a genuine error (including in a description, an image or a Price), We reserve the right to cancel your Order and refund any money paid to Us.
3.4. You acknowledge and agree that:
a) all pictures and images of Goods displayed are for illustrative purposes only;
b) any accessory featured with the Goods is for illustrative purposes only, and may be sold separately or may not be for sale; and
c) where We provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).
4. Price and payment
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, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
4.3. 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 your Goods at that Price (unless your Order is affected by a pricing error, in which case clause 3.4 will apply).
4.4. Payment methods are specified on the Website or told to you at the time you place your Order. They include credit card using the eWay gateway. The name on any credit card used for payment must match the name on the Order. Cheques cannot be used as a payment method for any purchases from Us, including Orders.
4.5. 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 on the Website. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
4.6. In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
4.7. Lay-by is not available for Orders.
5.1 Goods are shipped to your nominated shipping address using Australia Post parcel post or alternate Delivery Agent. At this point we only deliver in Australia.
5.2 We endeavour to get your order packaged and shipped within 72 hours of receipt of your order. We will send you a confirmation once your order has been shipped.
5.3 If you wish to change the Delivery Address or Delivery Instructions for any purchased Goods, after your order has been processed, you must Contact Us immediately. Any request for changes to Delivery Address or Instructions after 12 hours of placing your order may not be processed and We will not be held responsible for any associated damage to or loss of the products bought as a result of incorrect Delivery Address or Instructions provided at the time of order processing.
- Restricted Goods
6.1 If you Order Goods that are or contain Restricted Goods, you:
- warrant that you are aged 18 years or over;
- acknowledge that it is against the Law to sell or supply the Restricted Goods to, or obtain the Restricted Goods on behalf of, a person under the age of 18 years (where relevant); and
- you warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years.
6.2. Where We have reasonable grounds for believing you have not complied with the above clause, We may cancel your Order and refund any money paid to Us in respect of your Order. We may, at its discretion, charge you a fee to cover its administrative costs.
- Order cancellations and returns
7.1. Unless provided for under these Terms or as otherwise agreed by Us, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it.
7.2 Returns Policy: Refunds will only be considered if Goods are of unacceptable quality. Notification of returns must be made by email within 7 days of receiving goods. Goods are to then be returned to Us in original packaging at your own cost. If above criteria are met, money back or item exchange will be arranged by Us including customer return costs.
7.3. If We cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, We will cancel your Order and refund any money paid.
7.4. Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection.
7.5. We will process any refunds within a reasonable time of agreeing to do so.
7.6. If the original payment was made on a credit card, refunds will be processed on the same card as the original payment was made.
8.2. If you opted in to our mailing list when you placed your Order, We may send you marketing information.
8.3. If you wish to change or update your online account information (including your email address, password or communication preferences), simply login to your account. Alternatively you may contact us to update these details.
8.4 We reserve the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details.
- Risk & Liability
9.1. Risk and title in the Goods passes to you on the date and time of delivery of the Goods by the Delivery Agent or when collected.
9.2. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for 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.
9.3. We exclude to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
9.4. You represent and warrant to Us that We will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
9.5. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
We may, at our discretion, terminate the agreement for the supply of Goods to you:
for convenience, at any time, on giving notice to you; or
immediately if We reasonably believe that you have breached these Terms and:
that the breach is not capable of remedy; or
if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
11.1. We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an Order are those that govern that Order.
11.2. We may give notice to you by electronic mail. You may give notice to Us by electronic mail.
11.3. Any provision of these Terms 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 or affect the validity or enforceability of that provision in any other jurisdiction.
11.4. A failure or delay by Us to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Us does not preclude its future exercise or the exercise of any power or right.
11.5. The laws of New South Wales, Australia govern this agreement. Your transaction is deemed to have taken place in Young, New South Wales.
The following definitions apply to these Terms:
Business Day means a week day in which trading banks are open for the transaction of banking business in Young, New South Wales, Australia.
Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.
Delivery Agent means a third party delivery or shipping company engaged by Us to deliver Goods.
Delivery Fee means a fee for the delivery of Goods – see clause 5.
Goods means the items offered for sale on the Website.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from Us under these.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website.
Restricted Goods means Goods subject to restrictions on sale in particular jurisdictions, including Goods which may not be sold to minors (such as knives, alcohol and tobacco).
Returns Policy means Ballinaclash Returns Policy. View Ballinaclash Returns Policy in 7.2.
Website means the sites available from www.ballinaclash.com.au
We, Us, Our and Ballinaclash mean and refer to P D & C T MULLANY trading as “Ballinaclash” ABN 62 095 311 691.
You and Your means you as the purchaser of Goods from Us pursuant to these Terms.