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These Terms and Conditions (Terms), along with our Privacy Policy and Cookies Policy, provide information about us and the legal terms and conditions on which we sell goods and services (Products) on the www.englishpewter.com.au website (website) to you. Any reference in these Terms to we or us refers to Impulse Purchase Specialists representing English Pewter Company (Australia).
These Terms will apply to the use of this website and any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them before you use this website. By accessing this website and/or placing an order, you agree to be bound by these Terms. Using this website indicates that you accept these Terms regardless of whether or not you choose to register with us or order from us. If you do not accept these Terms, do not use this website. These Terms, and any Contract between us, are only in the English language.
We recommend that you print a copy of these Terms or save them to your computer for future reference.
These Terms may be amended from time to time as set out in clause 1.2 below. Please check these Terms to ensure you understand the rights and obligations that will apply each time you wish to order Products. These Terms were most recently updated on 4th November 2021.
The English Pewter Company website is owned and operated by A.J. Sharp Ltd, represented in Australia by Impulse Purchase Specialists.Our contact details are as follows:
English Pewter Co (Australia)
Impulse Purchase Specialists Pty Ltd
Unit 34/5 Gladstone Road,
Castle Hill NSW 2154
Australia
Tel: +61 (0)2 9653 9633
Email: admin@impulsepurchase.com.au
1. INTRODUCTION1.1
You will be able to access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this website from time to time to review the current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.
1.3 If you have any concerns about material on our site, please contact us by email at admin@impulsepurchase.com.au
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process, you will be given the opportunity to check your order and correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we dispatch the order. When we dispatch the order the purchase contract will be made, unless we have notified you that we do not accept your order or you have cancelled your order.
Acceptance of an order may not occur for one or more of the following reasons:
(a) where products are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error;
(d) if we cannot meet your requested delivery date;(e) if you do not meet any eligibility criteria set out in these Terms;(f) if we do not deliver to your area;(g) if your order for products which we have personalised or customised for you (Personalised Products) contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy; and/or
2.3 We reserve the right to brand all of our products.
2.4 Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
2.5. Dimensions and Measures: All dimensions/weights/volume etc. are approximated and should not be treated as conformity to any legal standards. 3.
PRICING
3.1 All prices include GST for Australian sales (where applicable) at the current rates. All orders for delivery outside Australia will be subject to any local import duties, brokerage fees, sales tax or VAT and will need to be paid to the courier.
3.2 The price of the products will be the price indicated on the order web pages when an order is placed. We will take all reasonable care to ensure that the price advised to you is correct. However, please see clause
3.4 for what happens in the event we discover an error in the price of any products ordered.
3.3 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.
3.4 Our website contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our website may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
4. DELIVERY
4.1 We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 30 days of your order. Provided that we take the steps outlined in this clause, we will not be liable for out of pocket expenses or other costs incurred due to failed or delayed deliveries. If there is a substantial risk of delay, you may contact us to end the Contract and receive a refund for any products you have paid for but not received.
4.2 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 7 working days of the delivery of the goods in question.
4.3 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we accept no liability, so far as permitted by law, to you unless you notify us in writing at our contact address of the problem within 7 days of our maximum delivery period of 30 from the date on which you ordered the goods.
4.4 International Delivery - All orders for delivery outside of Australia will be subject to any local import duties, brokerage fees and sales tax and will need to be paid to the courier.
4.5 International Delivery Costs – please contact us for a delivery quote.
5 LIABILITY
5.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question.
5.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 30 days of the date on which you ordered the goods.
5.3 If you notify a problem to us under this condition, our only obligation will be, at your option:a) to make good any shortage or non-delivery;b) to replace or repair any goods that are damaged or defective; orc) to refund to you the amount paid by you for the goods in question in whatever way we choose.
5.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 5.3 c) above.
5.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
5.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
6. CANCELLATION OF CONTRACTS FOR GOODS AND RETURNS POLICY – FOR CONSUMERS ONLY
6.1 This section applies to consumers only (and not to businesses or other organisations) who order goods.
6.2 If you wish to cancel your order:a) you can notify us by email to admin@impulsepurchase.com.au before we have dispatched the goods to you; orb) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 above.
6.3 You can cancel goods you have ordered from us for any reason at any time within 7 working days after the day of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.
6.4 We will give you a full refund of the amount paid within 30 days or an exchange credit as required, less (if for any reason the costs have not been paid by you) the costs of delivery to us.6.5 The rights to return the goods to us as referred to in clause 6.3 will not apply in the following circumstances:a) in the event that the product has been usedb) to any products that we have made or customised specifically for youc) The provisions of this clause
6.5 do not affect your statutory rights.
7. LICENCE
7.1 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website without written permission from us.
7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including but without limitation to photographs and graphical images) are owned by us. For the purposes of these Terms, any use of extracts from this website other than in accordance with clause 7.1 for any purpose is prohibited. If you breach any of these Terms, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.
7.3 No part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.7.4 Any rights not expressly granted in these Terms are reserved.
8. SERVICE ACCESS
8.1 While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.
8.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
9. VISITOR MATERIAL AND CONDUCT
9.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
9.2 You are prohibited from posting or transmitting to or from this website any material:a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; b) for which you have not obtained all necessary licences and/or approvals; c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Australia or any other country in the world; or d) which is technically harmful (including, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.3 You may not misuse the website (including, but without limitation, by hacking, impersonating any person or entity or falsely misrepresent your affiliation with a person or entity, ‘stalk’ or harass another or collect or store personal data about other users).9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.2 or 9.3.9.5 It is your responsibility to determine that your input into our site, including the use of any chat room areas of our site, including the choice of your user name, conforms to the above conditions. Remember that the site and your content may be accessed by children.9.6 If you notice any content which breaches these conditions, please notify us by email at admin@impulsepurchase.com.au
10. LINKS TO AND FROM OTHER WEBSITES
10.1 Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third-party websites and therefore do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk.
10.2 If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:a) you do not remove, distort or otherwise alter the size or appearance of the English Pewter Company logo; b) you do not create a frame or any other browser or border environment around this website; c) you do not in any way imply that we are endorsing any products or services other than our own; d) you do not misrepresent your relationship with us nor present any other false information about us; e) you do not otherwise use any trademarks displayed on this website without our express written permission; f) you do not link from a website that is not owned by you; and g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 10.2 for breach of these terms and to take any action we deem appropriate.
10.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 10.2.
11. REGISTRATION AND AGE RESTRICTION
11.1 Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your username and password with any other person nor with multiple users on a network.
11.2 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
11.3 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
12. DISCLAIMER
12.1 While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
12.2 The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.
13. LIABILITY
13.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
13.2 If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
13.3 You agree, on behalf of yourself and your business entity or organisation, jointly and severally to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.
14. MISCELLANEOUS
14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
TERMS AND CONDITIONS FOR TRADE/WHOLESALE ACCOUNTS
1. QUOTATION:
Quotations are made without engagement and are subject to confirmation on receipt of order and manufacturing details.
2. CANCELLATION:
The seller cannot accept cancellation of an order except by mutual agreement.
3. WARRANTY:
No warranty expressed or implied is given by the seller as to the suitability or fitness of the goods supplied for any particular purpose.
4. ADVERTISEMENT:
Descriptive, pictorial or written material issued or published by the seller from time to time relating to the goods offered for sale shall not form part of any contract of sales.
5. EXECUTION OF ORDERS:
Execution of orders is contingent upon the availability of materials and the absence of any circumstances beyond the control of the seller which hinder or prevent such execution. All prices are nett and shall be deemed to be fixed unless the buyer and seller have agreed that they shall be subject to cost variation. In the latter case, the price will be subject to cost variations caused by any fluctuations in the cost of materials and / or wages outside the control of the seller which occur after the date of the order and will apply to any uncompleted portion of the order.
6. DELIVERY:
Any time or date for delivery named by the seller is an estimate only and the seller shall not be liable for the consequences of any delay beyond the seller's control.
7. DAMAGE, SHORTAGE OR LOSS:
The seller will not accept responsibility for damages, shortages or loss in transit unless notice in writing of such damage, shortage or loss is given to the seller and the courier within the courier’s permitted period. In the event of non-delivery (or total loss), no claims can be entertained unless a separate notice in writing of such non-delivery reaches the seller within 7 days of advice despatch.
8. RETURN GOODS:
Goods will not be accepted for return without the prior agreement of the seller. Agreed returns must be accompanied by details giving the reason for return and the date and the number of the seller’s invoice upon which such goods were charged. Defects in part of any order shall not be grounds for the cancellation of the remainder of the order.
9. INDEMNITY:
The buyer shall indemnify the seller against all damages, penalties, costs and expenses to which the seller may become liable as a result of work done in accordance with the buyer’s specifications which involves an infringement of a registered design or copyright.
10. RISK:
The risk in all goods shall pass to the buyer on delivery of the goods to the buyer.
11. DIMENSIONS & MEASURES:
All dimensions/weights/volume etc. are approximates and should not be treated as conformity to any legal standards.