Terms & Conditions

This page tells you the terms and conditions on which we supply any of the products listed on our website www.chapterfive.com.au to you.

As a user of this site you acknowledge that any use of this site including any transactions you make is subject to our terms and conditions listed below. In addition, you will find other useful information located on our home page.

Please:

* Read through these terms and conditions carefully before using this site.

* Print a copy for future reference.

* Also read our privacy policy regarding your personal information.

Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from the site.

The site is operated by Chapter Five. We are registered in Australia under the Australian Business Number: 21993765716 with our registered address at CHAPTER FIVE, U2 / 8 Sobraon Street, QLD 4567, Australia.

1. General

1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the site and it is your responsibility to read the terms and conditions on each occasion you use the site and your continued use of the site shall signify your acceptance to be bound by the latest terms and conditions.

1.2 The information on this site does not constitute a binding offer to sell products described on the site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation. The prices displayed on the site are quoted in Australian dollars. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account.

1.3 Information that you provide on this site must be accurate and complete. All password details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your password details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).

1.4 By placing an order through the site, you warrant that:

a) You are at least 18 years old;

2. Order process

2.2 The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance.

3. Delivery

3.1 Delivery charges and estimated timescales are specified in Delivery & Returns and also when you place an order. Your order will be fulfilled by the delivery date set out in the dispatch confirmation or, if no date is specified, then within 30 days of the date of the dispatch confirmation, unless there are unforeseen factors beyond our reasonable control.

3.2 We make every effort to deliver the products within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Subject to clause 7.1, Chapter Five shall be under no liability for any delay or failure to deliver the products within estimated timescales.

3.3 Risk of loss and damage to the products passes to you on the date when the products are delivered. Title to any products you order on the site shall pass to you on delivery of the products provided that we have processed and received payment in full for those products.

4. Payment

4.1 We take payment through Pay Pal. Products are subject to availability. In the event that we are unable to supply the products, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.

4.2 The price you pay is the price displayed on this site at the time we receive your order except in cases of obvious error. While we try and ensure that all prices on the site are accurate, errors may occur. If we discover an error in the price of the products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. We are under no obligation to provide the products to you at an incorrect price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and unmistakable.

4.3 All prices are shown in Australian dollars and include GST (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise (see Delivery & Returns for further details including express delivery charges).

4.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch confirmation.

5. Returns, Cancellations and Substitutions

5.1 In addition to your rights to cancel under 5.3 below, we offer a 28-day returns policy. In the unlikely event that you receive faulty or damaged products, you may also return the products within 28 days (please refer to clause 7.1 and Delivery & Returns for further details).

5.2 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

6. Intellectual Property

6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of the site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.

6.2 You acknowledge and agree that the material and content contained within the site is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this site. You further acknowledge that any other use of the material and content of this site is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

6.3 Unless otherwise indicated, copyright in the information on this web site is owned by www.chapterfive.com.au. All right reserved. Except for the purpose of a bona fide use of this site or as otherwise permitted by the Australian Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Chapter Five.

7. Our Refunds Policy

7.1 When you return a product to us:

b) If you claim that the product is defective, we will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 28 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. You may also request a replacement (subject to availability) or a repair of the product (where possible).

7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

8. Liability

8.1 Subject to Clause 8.2 below, we will use reasonable endeavours to verify the accuracy of any information on the site but make no representation or warranty regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site is free of viruses or bugs and Chapter Five accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

8.2 Nothing in this agreement shall limit or exclude our liability for:

a) Death or personal injury resulting from negligence; or

b) Fraud or fraudulent misrepresentation; or

c) Any other liability which may not be lawfully excluded.

8.3 Without prejudice to clause 8.3, we shall not be liable to you, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:

a) Loss of profit; or

b) Loss of goodwill; or

c) Loss of business; or

d) Special, indirect or consequential damage, suffered by you that arises under or in connection with this contract.

8.4 Subject to clause 8.2 Chapter Five’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) you purchased.

8.5 This clause 8 does not affect your statutory rights as a consumer, nor does it affect your cancellation rights.

9. Miscellaneous Provisions

9.1 The contract between us shall be governed by the laws of Australia and any dispute between us will be resolved non-exclusively in the courts of Australia.

9.2 You may not assign, sub-contract or transfer any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon beforehand in writing by Chapter Five. We may transfer, assign, or sub-contract the benefit of the whole or part of any of our rights or obligations under these terms and conditions to any third party.

9.3 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other clauses of these terms and conditions shall not be affected.

9.4 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party to them.

9.5 When using the site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the site. This condition does not affect your statutory rights.

9.6 All notices given by you to us must be given to Chapter Five at CHAPTER FIVE, U2 / 8 Sobraon Street, QLD 4567, Australia. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

9.7 You must not:

* Use or attempt to damage, interfere with or introduce anything (including a virus, robot, spider, scraper or automated means) to this website or any network or system underlying or connected to it for any purpose, or act in any other way that compromises this website, the delivery of the services, or any network or system underlying or connected to them;

Use this website or any information or other material from this website, for any commercial purpose;

Remove any copyright, trade mark or any other intellectual property notice from any material accessible on this website; or

Copy, distribute, alter or tamper with in any way, or otherwise use, any material contained in this website (except as expressly permitted in these terms).

If you have any questions regarding the Chapter Five website, please see the home page for more information and full contact details.