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Terms of Supply to Consumers

1. Introduction

1.1 These are the terms of sale for www.smiffys.com.au ("Website"). The Website is operated by Smiffy's Australia Pty Limited (ACN 137535696) trading as Smiffys.com.au ("Smiffy's"), a limited company registered in Australia whose registered office is situated at Smiffy's Australia PTY Limited, c/- Shelfcom, Suite 1707, Level 17, Australia Square House, 264-278 George Street, Sydney, New South Wales, 2000.

1.2 Your purchase of any of the goods offered on this Website ("Goods") is subject to these terms and by placing an order for any goods you agree to be bound by them. Smiffy's advises you to print a copy of these terms for future reference. Use of the Website itself is subject to Smiffy's Website Terms and Conditions of Use. Use of your personal information submitted via the Website is governed by Smiffy's Privacy Policy.

2. Placing an Order

2.1 Goods may be ordered by clicking on the items you would like to purchase and then following the instructions which will appear on-screen. You may verify and correct any input errors in your order at any point until you submit your order to Smiffy's by clicking the "Confirm Order" button on the checkout page.

2.2 You will receive an email from Smiffy's acknowledging that Smiffy's has your order and providing you with an order reference number after you have placed an order. However, that does not mean that your order has been accepted. Your order constitutes an offer to Smiffy's to buy Goods. All orders are subject to acceptance by Smiffy's. Smiffy's is not required to accept your order and may, in Smiffy's discretion, reject any order. Where Smiffy's accepts your order, Smiffy's will confirm such acceptance to you by sending you an email that confirms that the Goods have been dispatched (Dispatch Confirmation). The contract will only be formed between you and Smiffy's in relation to the Goods ordered (Contract) when Smiffy's sends you the Dispatch Confirmation.

2.3 The Contract will relate only to those Goods whose dispatch Smiffy's has confirmed in the Dispatch Confirmation. Smiffy's will not be required to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.

3. Information about Goods

3.1 Whilst Smiffy's has taken reasonable steps to represent Goods as accurately as possible through images on the Website, the detailing (such as colour and pattern etc.) you see will depend on your monitor and, as such, may not exactly reflect the actual detailing of Goods when you receive them.

3.2 Any information on the Website regarding sizing of goods is included as a guide only. If you are not sure about to the size of any goods you require, Smiffy's recommends that you contact Smiffy's before placing an order (see Contacting Smiffy's).

4. Delivery of order

4.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is stated, then within a reasonable time, no longer than 30 days from the date of the Dispatch Confirmation, unless there are exceptional circumstances.

4.2 Deliveries are made by Australia Post or Smiffy's nominated courier and take place on Monday to Friday, excluding bank and public holidays, normally within the hours of 8am and 5pm. Smiffy's cannot provide an exact time at which a delivery will take place. Please note that the courier may require deliveries to be signed for. Deliveries will be made to your door.

4.3 Your order will be delivered to the delivery address you provide when placing your order. Please note that orders cannot be delivered to PO box or similar addresses.

4.4 Goods comprised within the same order cannot be delivered to different addresses.

4.5 Please note that you must comply with all applicable laws and regulations of the country for which the goods are destined. Smiffy's will not be responsible for any breach by you of any such laws.

5. Price and online payment

5.1 The price of Goods is as quoted on the Website from time to time.

5.2 Prices include applicable GST but exclude delivery costs, which will be added (as shown) to the entire amount due after you have chosen your delivery service.

5.3 Prices and delivery costs are liable to be changed at any time, but changes will not affect orders in relation to which Smiffy's has already sent you a Dispatch Confirmation.

5.4 Payment for all orders has to be made by credit or debit card on the checkout page. Smiffy's accepts payment by most major credit and debit cards. Please note that, for security reasons, the statement address for the credit or debit card you use to pay has to be the same as the delivery address for the order.

5.5 Smiffy's will not charge your credit or debit card until Smiffy's dispatch your order.

5.6 You should be aware that online payment transactions are subject to validation checks by your card issuer and Smiffy's is not liable if your card issuer declines to authorise payment for any reason. Please note that it is possible your card issuer may charge you an online handling fee or processing fee for which Smiffy's is not liable.

5.7 The Website contains a large number of Goods and, despite Smiffy's best efforts, some of the Goods listed on the Website may not be priced correctly. Smiffy's will normally check prices as part of Smiffy's dispatch processes so that, where the correct price of Goods is less than Smiffy's stated price, Smiffy's will charge the lower amount when dispatching the Goods to you. However, if the correct price of Goods is higher than the price stated on Smiffy's Website, Smiffy's will, at Smiffy's discretion, either reject your order and inform you of such rejection, or contact you for instructions before dispatching the Goods.

6. Cancellation rights

6.1 You may cancel a Contract at any point before your order is delivered but no later than seven working days afterwards, beginning on the day after the Goods were delivered to you. In this case, you will receive a full refund of the price paid for the Goods according to Smiffy's refunds policy (see below).

6.2 To cancel a Contract, you must contact and provide Smiffy's with your name, address and order reference. You must also return the Goods to Smiffy's within seven days of notifying Smiffy's of the cancellation, in the same condition in which you receive them (apart from the extent reasonably necessary for you to examine them), and at your own risk and cost. You are under a legal duty to take reasonable care of the Goods whilst you have possession of them. If you fail to comply with this duty, Smiffy's may have a right to claim the cost of any deterioration from you.

6.3 To return the Goods, you must obtain a returns reference from Smiffy's (which Smiffy's will provide you with when you contact Smiffy's to cancel the Contract), seal the parcel securely (making sure you include a note of your name, address and returns number inside) and then return it to Smiffy's, either by courier or by recorded delivery mail or other form of certified mail, to the address below:

Smiffys.com.au, Locked Bag 5106, Frenchs Forest, NSW 2086

6.4 Information on the consumer rights detailed above, and an explanation of how to exercise them, are given in the Dispatch Confirmation.

6.5 Smiffy's advises that you take out sufficient postal insurance to cover the value of the contents. Nothing in this section affects your legal rights

7. Smiffy's refunds policy

7.1 If you cancel a Contract with Smiffy's within the seven-day cooling-off period (see above), Smiffy's will process the refund due to you as soon as possible and, in any case, no later than 30 days from the day you have provided notice of your cancellation. Smiffy's will refund the price of the Goods in full, including the cost of delivery.

7.2 Smiffy's will normally refund any money received from you using the same method used by you to pay for your purchase.

8. Damaged or faulty Goods

If any Goods you order are damaged or faulty when delivered to you, Smiffy's may offer a repair, exchange or refund, as appropriate, in accordance with your legal rights. If you believe Goods were delivered damaged or faulty, you must inform Smiffy's in writing, providing Smiffy's your name, address and order reference. Nothing in this section affects your legal rights.

9. Risk and ownership

Goods ordered will be at your risk from the time of delivery. Ownership of the Goods ordered will also pass to you on delivery, so long as Smiffy's has received full payment of all sums due for the Goods, including delivery charges.

10. Smiffy's liability

Goods ordered will be at your risk from the time of delivery. Ownership of the Goods ordered will also pass to you on delivery, so long as Smiffy's has received full payment of all sums due for the Goods, including delivery charges.

10.1 Nothing in these terms shall limit or exclude Smiffy's liability to you:

for death or personal injury caused by Smiffy's negligence;

for fraudulent misrepresentation; or

for any other liability that may not, under Australian law, be limited or excluded.

10.2 Subject to this, in no event shall Smiffy's be responsible to you for any indirect or consequential losses incurred by you, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.

10.3 Any liability Smiffy's does have for losses you suffer arising from any Contract is strictly limited to the purchase price of the particular Goods and any losses which are foreseeable. Losses are foreseeable where they could be contemplated by you and Smiffy's at the time your order is accepted by Smiffy's.

10.4 Smiffy's will not responsible for any failure to perform, or delay in performance of, any of Smiffy's responsibilities under any Contract that is caused by events outside Smiffy's reasonable control.

11. General

11.1 You may not transfer or assign any or all of your rights or obligations under any Contract, without Smiffy's prior written consent (see section "Contacting Smiffy's").

11.2 If Smiffy's fails to enforce any of Smiffy's rights, that does not result in a waiver of that right.

11.3 All notices given by you to Smiffy's have to be given in writing to the address set out at the end of these terms. Smiffy's may give notice to you at either the email or postal address you provide to Smiffy's when placing an order.

11.4 These terms may not be varied by you except with Smiffy's express written consent.

11.5 If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

11.6 These terms and any document expressly referred to in them represent the entire agreement between you and Smiffy's in relation to the subject matter of any Contract. Please note that Contracts may be concluded in English only. Please also note that there are no public filing requirements.

11.7 These terms shall be governed by Australian law, and you agree that any dispute between you and Smiffy's will only be dealt with by Australian courts.

11.8 Smiffy's reserves the right to amend these terms from time to time by amending them on the Website, although no such change will affect any order you have already placed with Smiffy's. These terms were last updated on 14 July 2011.

12. Contacting Smiffy's

12.1 Please submit any questions you have about these terms or an order you have placed or ordering in general by email to Australia@smiffys.com or write to Smiffy's at:

Smiffy's Australia PTY Limited,
PO BOX 138, Moorebank, NSW 1875

Click here to continue shopping at Smiffys.com.au

Website Privacy Policy

This is the privacy policy for www.smiffys.com.au (Site). The Site is operated by Smiffy's Australia Pty Limited (ACN 137535696) trading as Smiffys.com.au (we, us and our).

 We are committed to protecting your privacy on-line. We appreciate that you do not want the personal information you provide to us distributed indiscriminately and here we explain how we collect information, what we do with it and what controls you have.

 By using the Site, you consent to the collection and use of information in accordance with this privacy policy.

 We reserve the right to change this privacy policy from time to time by changing it on the Site.  This privacy policy was last updated on 7th December 2015.

 

Information we may collect from you

 We may collect and process the following information about you:

  • information (such as your name, email address, postal address and telephone number) that you provide by completing forms on the Site, including if you subscribe to any service, upload or submit any material via the Site, request any information or enter into any competition or promotion we may, from time to time sponsor;
  • details of any transactions made by you through the Site;
  • communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Site or its content;
  • information from surveys that we may, from time to time, run on the Site for research purposes, if you choose to respond to them;
  • details of your visits to the Site, the resources you access and any data you download.

You are under no obligation to provide any such information. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.

 

Uses made of your information

We will use the information you provide to:

  • enable us to process your orders and to provide you with the services and information offered through the Site and which you request;
  • verify and carry out financial transactions in relation to payments you make online;
  • audit the downloading of data from the Site;
  • improve the layout and/or content of the pages of the Site and customise them for users;
  • identify visitors to the Site;
  • carry out research on our users' demographics;
  • send you information we think you may find useful or which you have requested from us, including information about our products and services or those of carefully selected third parties, provided you have indicated that you do not object to being contacted for these purposes;
  • allow carefully selected third parties to send you information directly which you may find useful regarding their products and services, provided you have indicated that you do not object to being contacted for these purposes.

You can tell us not to contact you with information regarding our products and services or those of third parties or to share your details with third parties so that they can send you information regarding their products and services, either at the point such information is collected on the Site (by checking or un-checking (as directed) the relevant box) or by following the unsubscribe instructions on any communications sent to you. You can also exercise the right at any time by contacting us using the contact details at the end of this privacy policy.

 

Non-personal information

When you visit the Site, we may automatically collect non-personal information about you, such as the type of internet browser you use, the website from which you have come to the Site and your IP address (the unique address which identifies your computer on the internet) which is automatically recognised by our web server. You cannot be identified from this information and it is only used to assist us in providing an effective service on the Site and to collect broad demographic information for aggregate use.

The Site uses cookies to store certain information. Cookies are pieces of information that a website transfers to your hard drive to store and sometimes track information about you. Although they do identify a user's computer, cookies do not personally identify users. Cookies are specific to the server that created them and cannot be accessed by other servers, which means they cannot be used to track your movements around the internet.

We use cookies to:

  • recognise you when you return to the Site;
  • allow you to navigate the Site more quickly and easily;
  • store your preferences;
  • control how often users see similar online advertisements;
  • estimate our audience size and patterns;
  • improve and update the Site.

We do not use cookies to store your credit or debit card details.

Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that. However, you may not be able to take full advantage of the Site if you do so.

 

Information sharing

 

We may disclose aggregate statistics about visitors to the Site, customers and sales in order to describe our services to prospective partners, advertisers, sponsors and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.

We may disclose your personal information to any of our affiliates, or to our agents or contractors who assist us in providing the services we offer through the Site, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data, providing support services or in other tasks, from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions.

In the event that we undergo re-organisation or are sold to a third party, you agree that any personal information we hold about you may be transferred to that re-organised entity or third party.

We may disclose your personal information if required to do so by law or if we believe that such action is necessary to prevent fraud or cyber crime or to protect the Site or the rights, property or personal safety of any person.

 

External links

The Site may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites.

 

Payment processing

Payment details you provide will be encrypted using secure sockets layer (SSL) technology once you submit them. Payments made on the Site are made through our payment solutions provider, EWay.com. You will be providing credit or debit card information directly to EWay.com which operates a secure server to process payment details, encrypting your credit/debit card information and authorising payment. Information which you supply to EWay.com is not within our control and is subject to Eway.com's own privacy policy and terms and conditions.

 

Security

We place great importance on the security of all personally identifiable information associated with our users. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.

Information that you submit via the Site is sent to and stored on secure servers located in Australia.

You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via the Site whilst it is in transit over the internet and any such submission is at your own risk.

It is advisable to close your browser when you have finished your user session to help ensure others do not access your personal information if you use a shared computer or a computer in a public place.

 

Your rights

You have a legal right under the Privacy Act 1988 to edit, update or delete any personal information about you held by us. On request, we will provide you with a copy of this information. You also have a right to correct any errors in that information. As mentioned above, you have a right to prevent the use of your personal information for direct marketing purposes.

 

Contacting us

Please submit any questions, concerns or comments you have about this privacy policy or any requests concerning your personal data by email to customerservice@smiffys.com.au or write to us at our registered business address (please note this is not our trading address).

 

Smiffys Australia PTY Ltd

C/O Allworths,

Level 9 St Martins Tower,

31 Market Street,

Sydney,

NSW 2000

Click here to continue shopping at Smiffys.com.au