Seller Terms
This website www.choosy.com.au (this “Website”) is owned and operated by Choosy Pty Limited (“Choosy”, “we”, “us” and “our”).
Buyer and seller
This Website includes Products available for purchase from various Sellers that have agreed to be on this Website. It is important that you understand that when you place an order for a Product on this Website, you are placing an order with the Seller of the Product, you are not placing an order with us. We make the Products available for purchase to our customers by taking orders and collecting payments as the agent of the Seller, and not on our own behalf. We are not a party to, and have no obligations under these seller terms. These seller terms explains how Sellers make their Products available for you to purchase. Each Seller has read and understands these seller terms.
Ordering a product
When you place an order to purchase a Product via this Website, you are making an offer to the Seller. No contract for the purchase of a Product will come into existence until the Seller has reviewed and accepted your order. A Seller may decline an order where the Seller believes that it has reasonable grounds for doing so. The Seller will notify you whether it has accepted or declined your order as soon as they are able to do so.
Purchase by Australian customers
This Website is only intended for use by customers in Australia. Orders for Products will only be accepted by customers who provide a street address for their credit card in Australia, PO Box addresses may not be accepted. Some Sellers may allow international delivery on some products, please contact us at info@choosy.com.au
Payment
When you purchase a Product you agree to pay the purchase price and shipping price specified on this Website at the time of purchase. All amounts are stated in Australian dollars and all purchase prices include Australian GST. Shipping charges will be separately shown. You will be required to pay for the Product online by credit card or by PayPal account. We will process the transaction upon receipt of your order. A surcharge may apply for the use of certain credit cards.
Cancellation of orders
The Seller may cancel an order that it has already accepted if the Seller suspects that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these Seller Terms. While the Seller tries to avoid pricing and other errors, inadvertent errors do occur from time to time and the Seller may also cancel an order that it has accepted in such circumstances. In some cases supply problems or unexpected demand may occasionally result in a Product being unavailable. If there is a delay in shipping your order the Seller will contact you by email as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when the Seller ships the Product to you. You may also cancel an order if the Seller is in breach of these seller terms.
Delivery of product
The Seller will ship the Product within 2-3 business days of receipt of your order, unless otherwise indicated on each Product page. Delivery times displayed on this Website are estimates only, based on the information provided to the Seller by its shipping company. After receiving the Product from the Seller the responsibility of the Product will then pass on to you at the place of delivery.
Returns and exchanges
We want you to be happy with the goods and service you receive from our Sellers and so do they. If you would like to return or exchange a Product, please email us at info@choosy.com.au. You can return a Product that you have purchased if the Product is faulty or damaged, but you must contact us within 14 days of receiving the order. After you have contacted us, we will then contact the appropriate Seller to let them know there has been a problem with your ordered Product. Some of our Sellers may request a photo of the damaged Product for validation. The Seller will pay for return shipping costs by providing the Customer with a stamped, self-addressed post pack or will make other arrangements for larger items. When the Seller has received the faulty Product, you can then choose from a full refund or a store credit to the same value. Any refunds will be made to your credit card or PayPal account. If you purchase a Product and then change your mind, you are responsible for the cost of returning the item, as well as providing a self-addressed post pack, if an exchange is to occur. The item must be returned in unused and undamaged condition, and must be sent in appropriate manner to prevent damage in transit. We recommend sending the return via registered post, as Choosy is not responsible for items that have been lost in the post. You will be given a store credit to the same value after the item has been returned to the appropriate Seller. Any shipping costs incurred will not be refunded.
The following Products can not be exchanged, refunded or cancelled:
• custom or personalised Products unique to your requirements
• hand made Products to order
• perishable Products, including food and flowers
• Products that have had their hygiene seal broken or opened
• any opened or used Products
• art, ceramics and other creative pieces made to order
• large items of furniture that are made to order
• gift vouchers
If a Product has been ordered and it is then not available or out of stock, you can then choose from a full refund or a store credit to the same value.
Warranty
The Seller warrants that:
• each Product will comply in all material respects with any descriptions given on this Website
• unless otherwise noted, all Products are new and not second hand
• each Product will be in saleable condition prior to purchase
Liability Limitation
Your use of this website or any information on this website is entirely at your own risk. Choosy makes no representation or warranty with respect to the accuracy, completeness, suitability, performance or timeliness of the information provided on this website. Choosy expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. This website may contain links to other internet sites provided by third parties. The provision of any of these links does not represent an endorsement by Choosy of those internet sites, nor does Choosy make any representations or warranties as to the accuracy, completeness, performance or timeliness of any aspect of information contained in those third party internet sites. Choosy expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
To the maximum extent permitted by law (including without limitation the Australian Consumer Law), Choosy is not liable to you or anyone else for any:
• decision, action or inaction taken in reliance on the information in, or connected with, this site;
• losses, costs or damages suffered or incurred by you, including (without limitation) direct or indirect, special, incidental, compensatory, exemplary or consequential damages in connection with this website;
• your use or misuse of this website or any information or material contained in this website;
• the loss or modification of information or material transmitted from this website;
• Any defect, technical problem or virus attached to ro arising from this website or the server;
• any injury or illness you or any other person sustains as a result of using this website;
• the products displayed being unavailable at any time;
• your inability to access or use the website or any material on the website;
• the loss of confidentiality in any information or material transmitted to or from the website.
To the maximum extent permitted by law (including the Australian Consumer Law), Choosy does not make any guarantees or warrant that this website will be available in any place, free of faults or error, free from unauthorised interception or access, or free from blockages, delays, network failure, congestion, interferences of faults of any kind.
General
Neither party will be liable for any delay in performing any of its obligations under these seller terms if such delay is caused by circumstances beyond the reasonable control of that party. If any part of these seller terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect. These seller terms are governed by the laws of Queensland, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland Australia. These seller terms constitute the entire agreement between the Seller and you in relation to the Products and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between the Seller and you in relation to the Products. Your purchase of the Products from this Website is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of your use of the Website, including sending you electronic notices. The provisions of these seller terms which by their nature survive termination or expiry of these seller terms will survive termination or expiry of these seller terms.
Sellers not available
If the Seller is not going to be available to receive ordres for more than 5 days, they will have to contact us so we can turn off their products for sale until they are ready to recieve orders.
Revisions to these Seller Terms
We may revise and update these Seller Terms when required.
Governing Law
This Website has been designed for use within Australia. By accessing this Website you are agreeing that the Queensland Courts, Australia will deal with any disputes which may arise between you and us, and that the laws of Queensland Courts, Australia shall be the applicable law.