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Your use of the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this Terms and Conditions of Use and the Privacy Statement.
Before you can use the Site, you must read and accept all the terms and conditions contained in this Terms and Conditions of Use and the Privacy Statement.
If you do not agree to any of the terms and conditions contained in this User Agreement or the Privacy Statement, you must not use the Site. Your use of the Site to purchase Goods constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to be bound by this User Agreement and the Privacy Statement (as amended from time to time).
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General
- Great-Mark may amend the terms and conditions of this Terms and Conditions of Use and the Privacy Statement from time to time by posting the amended terms and conditions on the Site. Unless otherwise stated, all amended terms and conditions will be effective from the time of posting. As you are bound by this Terms and Conditions of Use and the Privacy Statement, you should review the Site periodically for any amendments. Your continued use of the Site to purchase Goods after Great-Mark has posted the amended terms and conditions on the Site constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to be bound by the amended Terms and Conditions of Use or/and the Privacy Statement.
- This Terms and Conditions of Use and the Privacy Statement constitute the entire agreement between you and Great-Mark with respect to your use of the Site to purchase Goods. No other terms apply.
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Security Communication and SSL Certificate
All transactions on the Site where you provide personal information use Secure Socket Layer (SSL) encryption. SSL codes information transferred between you and Great-Mark and makes it unreadable to any third party attempting to intercept that information. All your personal information will be protected with 128 bit SSL or higher.
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Australian sales only
Great-Mark does not accept international orders.
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Minimum age
To use the Site you must be able to form a legally binding contract. This means that you must be at least 18 years of age before you are able to sell or buy an item on the Site. You must not use the Site if you are under 18 years of age or are otherwise legally prohibited from entering into binding contracts.
Should Great-Mark suffer any damage or other losses as a result of a transaction entered into by a minor, Great-Mark reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any such order to be placed.
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Order
By placing an order you acknowledge and agree that you are making an offer to purchase the Goods you have selected at the price and delivery charges specified on the Site for those Goods.
You warrant that all information that you provide to Great-Mark:
- is true, complete, accurate and not misleading;
- does not infringe any third party rights and privacy; and
- does not contain any material which may interfere with the proper working of the Site.
You acknowledge and agree that no information on the Site constitutes or should be deemed as an offer by Great-Mark to supply any Goods. A binding contract to supply the Goods is formed when Great-Mark notifies you that your order has been accepted and receipt of your payment is confirmed.
Great-Mark reserves the right, in its sole discretion, to accept or reject your offer for any reason, and without liability.
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Payment
Goods may be paid by:
- Authorized credit card deductions with the following credit cards: Visa Cards, MasterCard, Bank Card. Great-Mark only accepts payments made with an Australian credit card.
- Electronic funds transfer into the following bank account:
Account Name: Great-Mark
Name of Bank: Westpac
BSB Number: 03-31-52
Bank Account No: 268613
Great-Mark does not accept company, bank or personal cheques.
Great-Mark will notify you via email that your order is being processed by sending you an order confirmation and tax invoice. Upon receipt of payment, Great-Mark will confirm acceptance of your order.
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Delivery
Delivery charges as at 10 October 2006 are $7.95 per item of Goods Australia wide. All orders are shipped with by Australia Post (Registered).
Delivery times are indicative only and are subject to stock availability. Great-Mark will use reasonable efforts to deliver the Goods to you within the scheduled delivery time but Great-Mark does not guarantee that the Goods will be delivered to you within the scheduled delivery time. Great-Mark cannot be hold liable for failure to meet scheduled delivery times or any losses or inconvenience caused as a consequence.
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Title and risk
All risk and title in the Goods will pass to you at the time the Goods are dispatch to the nominated delivery address. Great-Mark undertakes to provide adequate packaging and a reliable delivery service but Great-Mark will not be responsible for any damage or loss of the Goods in transit.
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Returns policy
You have 7 days from the date of delivery to inspect the Goods and notify Great-Mark of any defects (as defined by the manufacturer's warranty). Great-Mark will replace the defective Goods if it is notified of the defect within 7 days from the date of delivery.
Great-Mark is not responsible for any warranty service if it is not notified within 7 days from the date of delivery. In that event, you must direct all claims for warranty service to the manufacturer.
Please choose your purchase carefully. Great-Mark does not give refunds if you simply change your mind or made a wrong selection. Refunds will only be provided if Great-Mark cannot replace a defective Good.
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Pricing of Goods and discontinued Goods
Prices of Goods and delivery charges are current at the time of issue. Great-Mark reserves the right, in its sole discretion, to vary prices of Goods and discontinue particular Goods at any time without notification.
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Copyright and trademark
- You expressly acknowledge and agree that copyright in all the information and content available on the Site (Content) (whether as a compilation of information or otherwise) is owned by Great-Mark. The Content is for your personal and non-commercial use only. You may interact with the Content and/or obtain/download a single copy of a portion of the Content for your personal, non-commercial use.
However, you must not reproduce, sell, publish, distribute, modify, display or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of Great-Mark.
- You expressly acknowledge and agree that the Site contains certain trademarks or service marks owned by Great-Mark. You must not copy, use or otherwise disparage, discredit, infringe upon or dilute these trademarks or service marks, or use these trademarks or services marks in any manner that is likely to cause confusion to the public.
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Other websites
The Site may contain links to other websites which are not maintained or controlled by Great-Mark or its Representatives (Third Party Websites). Third Party Websites are not part of the Site and are not governed by this Terms and Conditions of Use and the Privacy Statement.
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No warranty
You expressly understand and agree that use of the Site is at your own risk. The Site is provided on an "as is" and "as available" basis. Great-Mark does not make any representations or warranties of any kind, whether express or implied, regarding the Site, the Goods listed on the Site and Third Party Websites, including without limitation:
- regarding the merchantability or fitness for a particular purpose;
- regarding the accuracy, reliability and completeness of information contained on the Site and Third Party Websites; and
- that your access to the Site and Third Party Websites and will be continuous, uninterrupted, timely, secure, virus free and fault free.
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Indemnities and limited liabilities
- You release and indemnify Great-Mark and its Representatives in respect of any Claim which may be brought against Great-Mark or its Representatives or any Loss which Great-Mark or any of its Representatives pays, suffers, incurs or are liable for, as a direct or indirect result, however arising or referable to:
- your use of, or access to the Site or your inability to use or access the Site;
- your breach of any terms and conditions contained in this Terms and Conditions of Use;
- any other claim, action, demand or proceeding by a third party, caused or contributed to by you;
- your use of, or access to Third Party Websites, or your inability to use or access Third Party Websites; or
- Great-Mark's delivery of the Goods under this Terms and Conditions of Use.
- To the extent permitted by law, Great-Mark's liability for breach of any implied warranty or condition which by operation of Div 2 Part V of the Trade Practices Act 1974 (Cth) cannot be excluded, is restricted, at Great-Mark's option, to the following:
- the re-supply of the Goods offered by Great-Mark; or
- the payment of the cost of having such Goods re-supplied.
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Privacy
- Great-Mark may collect, use and disclose personal information strictly in accordance with the Privacy Statement (as amended from time to time).
- Please see the Privacy Statement for a complete description of how Great-Mark may collect, use, disclose and manage your personal information, as well as how to exercise your right to access personal information Great-Mark holds concerning you. If you do not agree to your personal information being collected, used and disclosed in the manner specified in the Privacy Statement, please do not accept this Terms and Conditions of Use and do not use the Services.
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No agency
No agency, partnership, joint venture, independent contractor, employer-employee relationship is intended or created by this Terms and Conditions of Use.
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Governing law and jurisdiction
- This Terms and Conditions of Use is governed by the laws of Victoria and must be construed pursuant to them.
- You hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.
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Prohibition and enforceability
- Any provision of this Terms and Conditions of Use which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
- Any provision of this Terms and Conditions of Use which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remainder of this Terms and Conditions of Use which will continue in full force and effect in that or any other jurisdiction.
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Waiver
- Waiver of any of Great-Mark's rights arising from a breach of this Terms and Conditions of Use by you must be in writing and signed by Great-Mark.
- A failure or delay in exercise, or partial exercise, by Great-Mark, of a right arising from a breach of this Terms and Conditions of Use by you does not result in a waiver of that right or power by Great-Mark.
- You are not entitled to rely on a delay by Great-Mark in the exercise or non-exercise of a right arising from a breach of this Terms and Conditions of Use by you as constituting a waiver of that right, power, authority, discretion or remedy.
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Definitions
- Claim means any claim or cause of action (including, but not limited to, in contract, in tort or under statute) in respect of or in connection with this Terms and Conditions of Use or the Services;
- Loss includes any damage, loss, claim, action, liability, cost, expense, outgoing or payment;
- Great-Mark means Great-Mark of PO Box 38, HighPoint City, Victoria 3032, Australia;
- Privacy Statement means Great-Mark's privacy policy statement as amended from time to time, a copy of which is available on the Site;
- Representative means, in respect of a party, any person acting for or on behalf of the party and includes any director, employee, agent, authorised representative or contractor of that party;
- Goods means the goods listed on the Site; and
- Site means the domain and sub-domains of www. oz-g-mark.com.au
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