All customers (whether ordering online, in the shop, via email, via fax, via Purchase Order or via the telephone) are subject to the Terms and Conditions as shown below.
GENERAL
For TVsmart Online. "Customer" means the person(s), individual, sole traders, company, or any of its principals or employees, organisation, club, business, school, government department or other ordering the goods the subject of this contract." Goods " means the goods supplied by TVsmart Online. Reference to "website" means the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content). If you do not accept these Terms, you must refrain from using this website. We may, from time to time, add or remove information, products or services from this website without notice. We reserve the right to amend these Terms at any time without notice and we may terminate your access to this website at any time without notice. Your continued use of this website following such notification will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive.
OTHER WEBSITES
Our website may contain links to other websites which are owned or powered by third parties. These links are provided for convenience only and may not remain current or maintained. We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or of any information, products or services referred to on those third party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We do not permit any linkages to this website without written permission. Should you require permission to link to this site please contact the Marketing Manager through the contact page on this site.
PRICES, PRODUCTS & SERVICES
Prices shown on the all or any TVsmart Online web site(s), printed materials or quotes for goods, branding, freight and additional charges are subject to change without notice and goods will be invoiced at the price ruling at the date of dispatch. TVsmart Online reserves the right to adjust the final invoice to include freight expense and any additional fees not shown on this site. All endeavours will be made by TVsmart Online to keep the prices current. Customers will receive an Invoice to show correct amounts and freight fees before the order will commence. All trademarks shown on any product is the property of their respective owners. Prices of goods described on this website and offered for sale by TVsmart Online Global Pty Ltdstaff or stores may be higher than prices in this website.
ORDERS RECEIVED
Orders shall only be processed by TVsmart Online on the basis of payment of the order being made at the time the order is processed. TVsmart Online has the sole legal right to determine to refund , backorder or supply new or replacement items on any order that is delivered with missing or incorrect items. TVsmart Online will always endeavour to deliver all goods as requested on time but are not responsible or legally liable for any delays in delivery to the Customer. If goods are ordered in specially for an order no returns, changes or cancellations will be accepted.
CHANGES & CANCELLATIONS
If the ordered quantity or product from the Customer is altered after quoting, the price is subject to change. All costs involved in production of an order will be charged if the order is cancelled. This includes any Paypal fees as paid by TVsmart Online. If order is already in production it cannot be changed in any way or be cancelled. If goods are ordered specially and manufactured to customer specifications and supplied to these specifications the above mentioned goods cannot be returned for credit. TVsmart Online reserves the right to adjust or amend prices in accordance with any alteration of changes to tax legislated by the Australian Government.
URGENT ORDERS
TVsmart Online is at times capable to carry out urgent orders, but any additional expenses will be passed on to the Customer for payment before the order can be processed. TVsmart Online is not in any way legally liable for any goods not arriving at any destination on a due date.
SMALL ORDERS REQUIRING BRANDING
Yes we do permit customers to order less than 10 units with embroidery, however all orders requiring embroidery will be charged a small order fee of $30. This Small Order Fee will be manually added to your order once the order has been received by us.
PAYMENT TERMS
Payment is required prior to any orders being processed or dispatched unless in writing from TVsmart Online in the form of Credit Application Approval. The Customer must pay for goods supplied according to payment terms on this website. All deliveries may be suspended or held should these terms not be met at any time. TVsmart Online payment terms are that payment shall be made by the Customer to TVsmart Online for all goods, branding and freight before dispatch or unless dispatched on goodwill by the TVsmart Online, or that the Customers annual spending is significant enough to permit credit terms being provided to the Customer. Should goods be dispatched to the Customer on goodwill, the Customer agrees to pay the invoice in full within 7 days or return the items within the same time period of 7 days. Should the Customer not return the sent goods on goodwill within 7 days, the Customer is therefore deemed to have accepted the goods and payment in full is expected immediately.
CREDIT APPLICATION & TERMS
TVsmart Online payment terms are that payment shall be made by the Customer to TVsmart Online for all goods, branding and freight before dispatch or unless dispatched by the TVsmart Online, or that the Customers annual spending is greater than $50,000 to permit credit terms being provided to the Customer. With regards to goods dispatched to the Customer after a credit account has been opened for the Customer, TVsmart Online will accept and dispatch orders on the basis that the payment will be received by TVsmart Online within the terms of that account of the receipt by the Customer of the goods. Should payment not be received in full in accordance with the Customers Credit Terms, then interest and administrative charges calculated at the interest rate of 5% monthly shall accrue on the monies due and payment shall be credited by the TVsmart Online firstly against any interest and administrative charges due. Monies due by the Customer to TVsmart Online shall become payable immediately upon the Customer committing any act of insolvency.
DEBT RECOVERY
TVsmart Online shall be entitled to charge to the Customer all costs and expenses reasonably incurred in the recovery of any money owing by the Customer to it including all legal fees, process severs charges and collection agents expenses as well as the time reasonably spent and incurred by TVsmart Online in such recovery. For invoices still outstanding after 60 days, it is the procedure of TVsmart Online to submit in writing a application to the Small Claims Tribunal with the intention of recouping monies owed and out of pocket expenses. If you do not accept these Terms, you must refrain from using this website.
SECURE DATA
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the website, please contact us immediately.
COOKIES
We may use cookies to gather data in relation to this website and you consent to us doing so (although you may be able to disable cookies on your web browser).
PRIVACY POLICY
If we collect your personal information we do so in accordance with our Privacy Policy available on this website. The Privacy Policy explains how we manage your personal information in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).
CLEARANCE STOCK
Discontinued or Clearance stock items are not eligible for return under any circumstances. If you do not accept these Terms, you must refrain from using this website.
RISK
Risk in the goods shall pass to the Customer at the date of dispatch and the Customer shall if deemed necessary insure all goods that are at its risk. TVsmart Online accepts no risk liability on any order sent to a third party, embroidery or printing business.
CLERICAL ERRORS
Clerical errors are subject to correction without notifications.
RETURNS
Goods may only be returned to TVsmart Online subject to the conditions as follows. Returns will not be considered unless accompanied by a written "Authorisation Form" from TVsmart Online. TVsmart Online shall not accept the return of goods unless such goods are returned to TVsmart Online within 7 days of the receipt by the Customer. Goods returned must be accompanied with a copy of the relevant invoice number. The Customer shall be responsible for all charges and costs incurred in the return of goods unless TVsmart Online determines otherwise. TVsmart Online shall not accept or agree to a credit claim where the Customer has had the goods delivered to the Customers nominated screen printer or embroider or any third party. Goods decorated are not eligible for return under any circumstance. Goods sent as ordered are not returnable under any circumstances unless incorrect style, incorrectly sized or damaged goods have been received by the Customer. Goods returned must be in the original condition as sent, items must be in original packaging and not worn, laundered, soiled, altered, damaged, labelled or personalized or they will not be accepted for credit. In the case where a Credit is applied, the customer agrees to redeem the Credit within 12 months from the return date of the Returns Authorisation. Refunds will not include shipping charges or express fees. Exchanges will incur additional shipping charges. All items being returned for exchange, credit or refund, will incur a $15 per items restacking fee. This fee is to cover the costs involved with providing this service.
SUPPLIER APPROVED REFUNDS
Refunds or Credit on Authorised Returns will not be given prior to the TVsmart Online supplier(S) approving the return and crediting TVsmart Online to the monies which were originally paid for the goods, by TVsmart Online to fulfil the Customers order. Claims on faulty goods will be considered within 7 days from date of supply. If it is considered that the faulty good is the responsibility of TVsmart Online or a supplier which TVsmart Online , in its sole judgment and discretion considers to be faulty then at the discretion of TVsmart Online may either replace the goods or the customer may be reimbursed. TVsmart Online may, from time to time, issue guidelines for the return of items claimed by the Customer to be faulty & will not entertain any claim in respect of goods claimed to be faulty not made in accordance with such guidelines. TVsmart Online reserves the right to change such guidelines without notice.
DELIVERY
TVsmart Online will endeavour to deliver within the time so specified but in no circumstances will TVsmart Online be liable for any loss or damage of any kind whatsoever caused directly by and delay in or failure of delivery. In the event of any delivery of service to be made by TVsmart Online being delayed by floods, war, accident, fire, perils of the sea or river, transport delays, influx of orders, failure of manufacturers of other suppliers to TVsmart Online or any other cause of contingency ceases to affect the same TVsmart Online will not be responsible for consequences of any delay in delivery resulting from any cause or contingency.
RESERVATION OF TITLE
Not withstanding that Risk in the goods shall pass to the account holder Customer as herein provided, the full legal and beneficial title to and ownership of the goods shall be retained by and remain with TVsmart Online absolutely, until the whole of the monies due under the invoice are paid for in full. Unless TVsmart Online shall otherwise specify in writing, each item sold by TVsmart Online to the Customer shall be and remain the property of TVsmart Online until the Customer has paid all that is owing to TVsmart Online for the goods. Until the date of payment the Customer is required to store the goods in such a way that it is clearly the property of TVsmart Online. Should the Customer default in payment, by adopting whatever lawful means may be necessary where ever such goods may be located and TVsmart Online shall have the right themselves or by their servants, employees, agents, or authorized representatives to enter the Customers premises and retake possession of and permanently retain any unpaid goods and revoke all liability of TVsmart Online to the Customer on the sale and delivery of such goods. The account Customer hereby acknowledges that TVsmart Online have a lieu over all goods in possession of the account holder Customer which belong to and are owned by the account holder Customer to secure payment of any monies due to the suppliers. In the event of resale of the goods, including any mixed goods, by the Customer to a third person, all goods are sold as agents of TVsmart Online and the Customer shall account to TVsmart Online for any money received.
GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the laws of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect. If you access this website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of this website complies with the laws of any country outside Australia. These terms and conditions of sale shall apply to the exclusion of all other, including any terms and conditions of Customer whether on Customers order form or otherwise. The only contractual terms which are binding upon TVsmart Online are those set forth herein or otherwise agreed to in writing by TVsmart Online and those which are imposed and cannot be excluded by law. All other conditions, warranties, representations, statements and obligations, whether expressed or implied which would otherwise be binding on TVsmart Online are to the extent permitted by law hereby expressly excluded and negated.
CLIENTS OWN ITEMS FOR BRANDING
Should a customer bring to us their own items for us to brand, it is on the following conditions; TVsmart Online will take no responsibility for the end result as we can not guarantee branding onto fabrics or items that we are not experienced with nor familiar with. TVsmart Online will not replace any item not supplied by us under any circumstance.
PRODUCT WARRANTY
All products advertised or displayed on this site are subject to the manufacturer's warranty. The term of this warranty is subject to the individual manufacturer. TVsmart Online are resellers of products on behalf of the manufacturer and do take any responsibility for the performance of these products. In the case of apparel, if there is a problem within the first 30 days of purchase the customer must send back the item(s) and all packaging to TVsmart Online Global Pty Ltdso that the item(s) can be sent back to the appropriate manufacturer or service centre to be assessed. Once assessed, if the item(s) is determine to have a manufacturers fault it will be repaired under warranty. If the item(s) is determined to have a fault caused by the customer, return costs will apply.
GUARANTEED LOWEST PRICES
If you find a better advertised price anywhere in the country of purchase for your order, we will beat the difference by 10%! Prices must be published on the internet site of the competitor, quote or printed brochure or, formal quote with ABN Number on display. Competitors uniform company must be established and residing in same country and products must be identical.
DISCLAIMER
We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law. We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains. The use of the information on this website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the resupply of the relevant information or services. You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Trade Practices Act 1974 (Cth).
INTELLECTUAL PROPERTY
This website and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by TVsmart Online. These intellectual property rights are protected by Australian and international laws. You may view our website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third party material, from the owner of the copyright in that material. Nothing contained in this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
ACCEPTANCE OF TERMS
When the Customer clicks "Accept" on the web site during the ordering process, you are stating that you have read the terms and conditions and fully understand our terms and accept them. Marsh Print & Copy Centre Pty Ltd responsible for customers failing to operate within these terms. If you do not accept these Terms, you must refrain from using this website.
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