HOT SHOP AUSTRALIA PTY LTD  – 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: We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted. Where we do so, we will refund you using the original payment method used for the order. Our liability under these terms is limited to [insert]/the price paid by you for the products the subject of the relevant claim, and we will not be liable for consequential loss. 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 Hot Shop Australia Pty Ltd (ACN 649 973 008) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site. If you are using the Site on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
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 18 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 (including uploading private or personal information without an individual's consent) 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 or sign-up for (and manage) a subscription.
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. If a product is available for pre-order only (it is not currently in stock), this will be clearly indicated on our Site. We may display the date that the product is expected to be available for dispatch to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.
7. 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.

Subscription Orders

1. We offer a subscription service, and by placing an order with us, you are agreeing to order products from us on an ongoing basis. The details of your subscription (including your subscription tier and inclusions, your payment method, and your delivery period) are as set out in your account on the Site. 
2. Each period, as set out in your account, you will be provided with a final date by which your order for that period must be finalised (Cut-Off Date). We will select the products that you will receive each period as set out in your account while your subscription is active. 
3. Your subscription will roll over on an ongoing basis as set out in your account, unless you provide notice to us via email that you wish to cancel your subscription at least 24 hours before the next Cut-Off Date. You may also amend your subscription (such as changing your subscription tier) through your account at least 24 hours before the next Cut Off Date. 
4. We may, at our absolute discretion, suspend or cancel any subscription, or refuse to fulfil any order. If we cannot fulfil an order, or need to suspend or cancel your subscription, we will promptly notify you via email. 
5. Each time your order is confirmed on the Site following the Cut-Off Date 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, a delivery window, and a description of your order.
1. Price and payments

For One-Off Orders

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 Australian GST (where applicable) will be set out separately. You must pay the Price upfront using one of the methods set out on the Site. 

For Subscription Orders

1. In these Terms, the Price means the price paid by you in respect of each order. You will be charged the Price for your initial order by completing the initial transaction on the Site. Unless you suspend or cancel your subscription in accordance with these terms, you will be charged the same Price each period as set out in your account on the Cut-Off Date (the Billing Date). If at least 24 hours before the Cut-Off Date, you adjust your subscription to a different tier with a different fee (as set out on the Site), then the Price will be changed to the new fee for all future orders from the next Billing Date, unless you amend, suspend or cancel your subscription in accordance with these Terms. We may need to change the Price from time to time. If we change the Price, we will provide you with 14 days’ notice of the change. After 14 days, we will apply the new Price to your existing payment details for all future orders. If you do not agree with the new Price, you may cancel your subscription in accordance with these terms.
2. 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.
3. The payment methods we offer are set out on the Site. We may offer payment through a third-party provider (including PayPal, ShopPay, Google Pay 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.
4. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processors. 
5. Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.
6. We may from time-to-time issue promotional discount codes for certain products on the Site. For Non-Subscription Orders: To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. For Subscription Orders: To redeem the promotional discount code, you must enter the code into your account, and the discount will be applied to your next order. 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.
7. When you sign up for a subscription, we may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
1. Delivery, title and risk
1. If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options. 
2. We normally dispatch products within 24-48 hours of receiving an order, unless otherwise noted on the Site. Any products that are pre-ordered are, subject to their availability, normally dispatched within 24-48 hours of receiving the 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. 
3. If you need to change the delivery day or delivery address, please notify us immediately in writing. 
4. 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.
5. 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.
6. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. 
2. Australian Consumer Law
1. We accept returns for a change of mind, in accordance with our Refund Policy. You may also have rights to a repair, replacement or refund under the Australian Consumer Law.
2. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). 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.
3. 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. 
4. 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.
3. Limitations
1. Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law: 
1. neither Party will be liable for Consequential Loss; 
2. each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
3. our aggregate liability for any 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.
2. You agree that any information contained on the Site and any materials provided with our products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease or condition and you are solely responsible for determining the suitability of our products for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a medical professional before using our products. Use of our products and/or the Materials does not establish a doctor-patient relationship. 
4. Intellectual property 
1. You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
2. We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
3. You must not, without our prior written consent: 
1. copy, in whole or in part, any of Our Intellectual Property; 
2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
3. breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
4. Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
1. you do not assert that you are the owner of Our Intellectual Property;
2. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us; 
3. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and 
4. you comply with all other terms of these Terms.
5. General
1. Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. 
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. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event. 
4. 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.
5. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. 
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 Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.. 
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.
6. Definitions 
1. Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”. 
2. Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control. 
3. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise. 

 

For any questions and notices, please contact us at:

Hot Shop Australia Pty Ltd (ACN 649973008) 

Address: 204A Wellington Street, Collingwood, Victoria 3066, Australia

Phone Number: 03 9119 5637

Email: contact@matshotshop.com 

Last update: 17th March, 2023

© LegalVision ILP Pty Ltd