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Terms and Conditions

All contracts of sale made by Coops and Hutches Direct ("the Company") shall be deemed to incorporate these Terms and Conditions which shall prevail over any other document or communication with the party with whom the Company is dealing ("the Customer").

1. Acceptance of Orders
All orders submitted on our web site or via any other sales channels including, but not limited exclusively to eBay, Amazon, Froogle, Kelkoo etc are acknowledged by emailing an invoice as soon as our customer service team has processed the order. No order placed by the Customer shall be deemed to be accepted by the Company until the Company issues this invoice. The Customer is responsible for contacting the Company if an invoice is not received after an order is placed. Once an order is accepted and an invoice has been issued by the Company, a contract of sale is assumed to be in place and ALL orders are then subject to these terms and conditions of sale - whether purchased online (over the internet) or directly over the phone, unless otherwise varied by an agreement in writing.

2. Carriage, Postage and Packing
Delivery is free of charge to as many areas as possible within Australia. However, some areas may incur a surcharge, in which case the Company will notify the Customer before the order is despatched. No orders will be despatched until the purchase price, including any delivery surcharge, is paid in full.

3. Prices
Goods are invoiced at the price shown at the time of acceptance of an order, and all prices shown include GST. Every effort is made to update and keep current the prices shown on our web site. However the Company reserves the right to modify prices in respect of orders which have not yet been accepted. Where a product is pictured "in situ" on the web site the price quoted includes only the main product described and not any accessories or accompanying items shown except where otherwise stated.

4. Delivery
a) Any time or date for delivery stated by the Company shall be treated as an estimate only. While every effort will be made to despatch and deliver goods within the timescale quoted, no liability can be accepted by the Company for failure to deliver within the quoted times or within any specific time period unless more than 30 working days from the despatch date of goods. Any delivery delay within this 30 working days from despatch date does not entitle the Customer for an automatic refund either in full or part for any goods already accepted for despatch and delivery. The Company shall not be liable for any loss or damage whatsoever (including consequential loss or loss of profit) arising directly or indirectly from any delay in the delivery of all or any of the goods howsoever caused.

b) Where access to the delivery address is limited or additional equipment is required to complete delivery of the goods, additional charges to cover the full costs of these services plus administrative costs will apply at the expense of the Customer.

c) If an item is returned to us because the customer failed to collect the item from the nominated Australian Post Office within 7 working days, any refund will be less the original delivery cost or $20, whichever is greater plus the cost of returning to us which is equal to the original delivery cost or $20, whichever is greater.

d) The Company will notify the customer of despatch, after which time it becomes the customer's responsibility to contact the courier company directly to determine the progress of delivery and estimated delivery time of the order. It is the responsibility of the customer to notify the Company within 3 working days if the goods have not been delivered by the estimated delivery timeframe provided at time of order.

e) If a product is delivered damaged or with parts missing then the Company will replace any missing or damaged items, however the customer must notify the company in writing and provide evidence of any damage if required. If a product is delivered with damaged packaging then the customer must check the contents for missing/damaged items - the company will not under any circumstance replace whole products if only the packaging is damaged.

5. Force Majeure
In the event that the Company is prevented from carrying out its obligations as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Company shall be relieved of its obligations and liabilities for as long as such fulfilment is prevented.

6. Returns and Cancellations
Current web site items of goods, unused, undamaged and fully marketable, may be returned and the order cancelled (for any reason) within seven (7) days of delivery with the prior agreement of the Company. Returned goods must be in their original packaging. For products returned the Customer shall be responsible for all costs and expenses (including insurance) of having the item returned to the Company. If an order is cancelled after despatch the Customer shall be responsible for all warehouse and courier costs incurred by the Company in despatching the item and having it returned to the Company's warehouse. The Customer's payment will be refunded within 30 days, subject only to deduction of any direct despatching, transport & insurance costs incurred in the original despatch & delivery by the Company, upon receipt of the goods and inspection as to their suitability for re-sale.

7. Warranty
All goods sold by the Company are warranted free from defects in material and workmanship. The company offers a 12 month warranty on all parts. If the Company shall receive a written complaint by email from a Customer in respect of an item or part found to be defective in respect of materials or workmanship, the Customer shall be responsible for providing proof of fault (such as photos via email). The Company after it has had a reasonable time to investigate the same and examine the goods in dispute shall at its discretion offer to replace the defective item or items.

No claim will be entertained in respect of any goods which have been repaired or altered in any way or have been the subject of any accident or damage caused by any innocent, wilful or negligent act or omission of the Customer or through use not in accordance with the manufacturer's instructions by the Customer or by circumstances beyond the control of the Company or goods which cannot be shown to have been supplied by the Company.

The Customer is strongly advised to check all components and parts upon receipt of goods as well as to conduct a trial installation within the first 7 days. The customer is also strongly advised to install all products and components thereof properly and safely in accordance with manufacturers' instructions and codes of practice.

8. The Company's liability
a) The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused.

b) The Company's liability in respect of breach or non-performance of any order shall be limited to the invoiced value to which the claim relates.

c) Goods are not tested or sold as fit for any particular purpose or for use under any specific conditions.

d) Where the goods are sold under a consumer transaction the statutory rights of the Customer are not affected by these Terms and Conditions.

9. Contract Law
Coops and Hutches Direct ("the Company") is a trading name of Victoria Elizabeth Hamlin – Sole Trader (ABN: 20484547876) with registered office at 6 Sevenoakes Street, Alexandra Hills, QLD, 4161.

The Customer accepts that by dealing with Coops and Hutches Direct they agree to these Terms and Conditions and that any contract formed with Coops and Hutches Direct will be a contract under and subject to the laws of Queensland whose courts will have exclusive jurisdiction in the determination of any disputes.

10. Miscellaneous
a) If any provisions hereof shall be held to be invalid, illegal or unenforceable the validity and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.

b) Waiver by the Company of any breach of these Terms and Conditions or any granting of time or indulgence by the Company to the Customer shall in no way affect the rights of the Company hereunder.

c) All headings are for convenience only and do not form part of these Terms and Conditions.

d) Any notice or demand to be given hereunder shall be in writing and shall be delivered by hand or sent by first class prepaid letter to the last known address of the party to be notified and shall be deemed to have been served immediately, if delivered by hand and forty eight hours after posting if posted as aforesaid.

e) The Company may at its discretion record telephone transactions with its customers. This is for staff training purposes only.

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