Terms of sale

TERMS AND CONDITIONS FOR GOODS SOLD BY COLOURED SMOKE AUSTRALIA FROM COLOUREDSMOKE.COM.AU

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Vibrant Photography Pty Ltd trading as Coloured Smoke Australia (ABN 47 511 897 070) (“CSA”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from colouredsmoke.com.au.  By placing an order for Goods from Coloured Smoke Australia (CSA) you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

1. DEFINITIONS

In these Terms and Conditions:

“Account” means a personal account created by you on the Website;

“Additional Delivery Charge” has the meaning given in Section 3.4;

“Delivery Charge” has the meaning given in Section 3.3;

“International Delivery Charges” has the meaning given in Section 3.5;

“Order” means an order for Goods, placed on the Website;

“Password” means the password needed to access your Account;

“Website” means colouredsmoke.com.au and

“Coupon” means a discount code provided to customers for discount pricing or free shipping

2. YOUR LEGAL RIGHTS

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law.  The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Coloured Smoke Australia represents they will be fit for, and that the Goods will correspond with any relevant description.  Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

3. PRICING & TAXES

3.1          Prices for Goods are as shown on the Website and include local GST tax.

3.2          CSA reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by CSA.

3.3          In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.

3.4          In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar.  If you live in an area to which an Additional Delivery Charge will apply CSA will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, CSA will cancel your Order. CSA will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.

3.5          If CSA agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart. You will also be responsible for any foreign taxes or duties that apply including, without limitation, any customers or import duties.

3.6          By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.

3.7          All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.

4. YOUR ACCOUNT

4.1          If you do not already have an Account you will need to create one before placing an Order or checkout out as a guest with all relevant information including a suitable contact number.

4.2          You may not set up an Account for someone else.

4.3          Please ensure that you enter all information carefully when creating an Account.  You warrant to CSA that all information provided by you in relation to your Account is complete, true and accurate 

4.4         You must notify CSA immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

4.5          Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), CSA will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify CSA, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

4.6          If CSA suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify CSA then you must pay CSA the amount of that loss, damage, cost or expense if CSA asks you to.

5. ORDERS

5.1          You can place an Order by following the instructions on the relevant CSA website.

5.2          An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge.  CSA may accept or reject your offer in its absolute discretion. In particular, but without limitation, CSA may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact info@colouredsmoke.com.au.

5.3          Each Order that you place will, if accepted by CSA, be a separate and binding agreement between you and CSA with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

5.4          If you place an Order for someone else or an alternative business to receive the Goods you must obtain their consent before providing CSA with their personal information and, by placing an Order, you confirm to CSA that you have done this.

5.5          Sale of Goods is subject to various Commonwealth, State and Territory laws. By placing an Order for any Goods you warrant to CSA that you are 18 years or older. When placing an Order for Goods you warrant that you are not obtaining the Goods on behalf of a person that is not eligible to purchase the Goods themselves, i.e supplying to a minor under 18 years of age.

5.6          For “coupon” usage a limit of one per customer applies.

5.7          Please ensure that you enter all information carefully when placing an Order. You warrant to CSA that all information provided by you in relation to each Order is complete, true and accurate.

5.8          Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by CSA.  CSA will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

5.9          Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), CSA will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by CSA, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .

5.10 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. CSA cannot consolidate separate Orders into one delivery.

5.11       Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible; where the goods are being dispatched from different locations; or where the Goods are backordered and the backorder wait may be a while out from order date.

Split shipments due to this situation will be covered at the expense of CSA except where “Additional Delivery” and “International Delivery” occurs.

5.12       You acknowledge that all Goods that you Order are not intended for resale.

5.13       The internet can be an unstable, and sometimes insecure, marketplace.  At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

5.14       You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

5.15       Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), CSA will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.13 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

6. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT

6.1          When you submit an Order you will receive an Order reference number via e-mail.

6.2          CSA will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4).  Your Order is deemed to be accepted by CSA when CSA does this, however CSA may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that CSA cancels your Order having already processed payment, it will refund payment in accordance with Section 13.1.

6.3          When CSA accepts an Order it represents an agreement by CSA to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

6.4          You must pay for Goods by credit card (using our Paypal portal), PayPal account, Cash upon Local Pickup or by Bank transfer. If the name on the credit card/payment card/account does not match the name on the Order, CSA may ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card you authorise CAS to deduct the price and the applicable delivery charge(s) from such card.

6.5          CSA reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

6.6         If you are paying by Cash for Local Pickup you must provide proper cash amount. CSA will not be responsible for providing exact change at the time of exchange of goods and cash payment.

6.7         Goods not collected or paid for will be returned back to the store as stock and available for purchase by other people. This will occur within 14 days of the Order placement date.

6.8         CSA may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, CSA reserves the right to cancel your Order and/or place your Order on hold and request and you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

6.9       Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. Including Bank transfer. If your payment cannot be processed, your Order will be rejected and we will notify you by email. 

7. CANCELLATION OF ORDERS

7.1          CSA reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. CSA may do this for example, but without limitation, where:

(a)          CSA’s suppliers are unable to supply Goods that they have previously promised to supply;

(b)          an event beyond CSA’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that CSA is unable to supply the Goods within a reasonable time;

(c)           Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d)          you ask CSA to cancel your Order in accordance with section 5.8; or

(e)          in the circumstances set out in Sections 3.4 or 6.9.

7.2          You may cancel your Order where CSA:

(a)          has breached a material term of this Agreement;

(b)          is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.

7.3          Where CSA cancels your Order after acceptance it will send you an e-mail notifying you of cancellation..

7.4         In the event of CSA or you cancelling your Order after payment has been processed, CSA will refund any money paid in respect of that Order.  Section 13 of these Terms and Conditions sets out further information about refunds.

7.5       Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, CSA will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8. AVAILABILITY OF GOODS

8.1          As CSA is dependent upon its Suppliers to provide stock, CSA cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. CSA reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), CSA will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8.2          Goods that are shown on the Website as “Backordered” are Goods which are currently not in stock but will be available within 2-3 weeks from our supplier. This is to be factored in when the order is placed.

9. DELIVERY

9.1          Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

9.2          Goods will generally only be delivered to addresses within Australia.  CSA is unable to deliver to certain parts of Australia and where this is the case the Website will reject your Order.  CSA may, in its absolute discretion, agree to accept Orders for products for delivery outside Australia but is under no obligation to do so.

9.3          Where requested, CSA will deliver to PO Boxes in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box and you have input a PO Box as the delivery address when placing your Order, CSA will call you to arrange an alternative delivery address

9.4         Following dispatch of your Goods, CSA will email you with confirmation of dispatch and a tracking number. An invoice for goods will be provided with your Order itself. An electronic invoice can be provided upon request stating full ABN, GST and TAX INVOICE declarations.

9.5         On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.

9.6          If you require Goods that you have ordered to be re-directed to an address which is not the original Order address CSA may charge you a reasonable fee for doing this.

Delivery of software products should occur within standard Australian Post delivery times.

9.7       CSA cannot be liable for Goods delivered by Australia Post where left unattended or “Safe Dropped”. CSA cannot give specific instructions to Australia Post for delivery – i.e. leave Goods somewhere / leave unattended.

9.8      For all products available;

• In Stock – CSA aims to have the Goods dispatched to you within 2 business days (some goods will be dispatched significantly quicker than this). If CSA is unavailable for downtime purposes (holiday or such) You will be contacted and given further options for a prompt delivery schedule.

• Backordered Stock – CSA aims to have items in stock most of the time. However due to bulk orders or Supply issues CSA can run out of stock and have items available for “Back order”. CSA aims to have the Goods dispatched to you within 5-15 business days.

9.9         Delivery of products should occur within standard Australian Post delivery times. Products shipped by “Express Post” are not guaranteed as “Next Day delivery” and are subject to Australia Post delivery. For interstate delivery please allow 2-5 days from dispatch.  Where an Order is to be delivered outside Australia, delivery is likely to take between 2-4 weeks by air mail.

10.  LOCAL PICK-UP OF GOODS

10.1       Many Goods can be picked up from a private residence of CSA staff or collection centre rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order.

10.2       Only the relevant CSA Account holder may pick-up in-store Goods ordered on that Account.

10.3       If you choose “Local Pickup” option you will be communicated with via email or SMS message about a pickup schedule and relevant address and contact details. Please note CSA is not available on certain days or at certain times for collection. Collection time is strictly at CSA’s discretion.

10.4        When picking up Goods:

(a)          you may be required to provide photo identification (current drivers licence, passport or Keypass) to CSA staff to verify that you are the purchaser. If requested, you must allow CSA to take a copy of this identification for fraud prevention purposes. The copy will not be used by CSA for any other purpose or disclosed to any person outside of CSA;

(b)           staff will also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;

(c)           you will also need to bring the email that CSA has sent to you confirming that the stock is available for pick-up; and

(d)          staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event CSA will contact the person who placed the Order using the contact details provided.

11. DELAY IN AVAILABILITY OR DELIVERY OF GOODS

11.1       You agree and acknowledge that:

(a)          CSA does not guarantee the delivery or availability of Goods within the timeframes set out in Sections Sections 9.7 –  9.10 or 10.3 above or otherwise specified by CSA or any of its staff;

(b)          events outside CSA’s control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for Local Pickup;

(c)           delays are particularly likely to occur around Christmas, Easter and public holidays, personal staff holidays; and

(d)          except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither CSA nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

12. COUPONs

12.1  Coupons will be issued at the discretion of CSA. These will have limited usage and timeframe allocations. CSA reserves the right to discontinue previous Coupon promotions and not offer them again. Subscription coupons have a limited usage time period as mentioned on the email sent out at the time of email subscription.

12.2 CSA will not refund the coupon % amount to any customers who have checked out and paid for their order and not had a successful coupon application. Complaints about coupons not working post sale will not be honoured unless and only due to the coupon system failure by CSA and proof given.

13. REFUNDS OF YOUR MONEY

13.1  Where CSA is obliged to refund your payment pursuant to these Terms and Conditions, CSA aims to initiate your refund within 14 business days (Monday – Friday 9 a.m to 5 p.m Sydney time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution / Paypal processes the refund.

13.2  Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), CSA will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

13.3  Refunds will not be given due to customers missing sale promotions and paying full retail. Customers are encouraged to keep an eye on social media and subscribe their email for all discount promotions and missed opportunities are not the responsibility of CSA and its staff.

14. FAULTY OR DAMAGED GOODS

14.1  You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged. If this is not the case you should contact CSA on http://colouredsmoke.com.au/contact/ as soon as possible. CSA checks Goods when they are sent out that they do not have physical defects. CSA cannot test goods before they go out due to the often “Single Use” nature of the goods sold.

14.2  If you have a problem with any Goods or otherwise wish to return them please contact CSA on http://colouredsmoke.com.au/contact/ for

14.3   You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

15. MORE INFORMATION ABOUT CSA LIABILITY TO YOU

15.1 To the full extent permitted at law, CSA is not liable for any loss of profit, damage to wardrobe / environment or Users, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

15.2 Acceptance of this Agreement includes agreeing that the User has educated themselves with the CSA FAQ page before they use the goods offered on this website.

16. PRIVACY

16.1  CSA policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions.

 

17. GENERAL

18.1  CSA reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

18.2  Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

18.3  These Terms and Conditions are governed by the laws of New South Wales, Australia.

Version 2
3rd April 2017