CUSTOMER TERMS & CONDITIONS

Thank you for accessing our website, gregsonweight.com.au (Website). Please read these terms and conditions before using the Website. The Website is operated by Gregson & Weight Pty Ltd (ACN 010 869 959) (Company) on a secure VPS server located in Sydney, NSW. By using the Website, you accept these terms and conditions. From time to time, the Company may modify these terms and conditions. Accordingly, you should continue to review these terms and conditions whenever accessing or using the Website. If, at any time, you do not wish to accept these terms and conditions, you may not use the Website.

The Company does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website. The Company does not guarantee the colour accuracy of published colour charts compared to actual product colour and reserves the right to refuse returns of products due to these potential inaccuracies.

TYPOGRAPHICAL ERRORS

If a product or service is listed on the Website at an incorrect price due to a typographical error or an error in pricing information received from the Company’s suppliers, the Company shall have the right to refuse or cancel any orders placed for any product or service listed at the incorrect price. The Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the Company shall issue a refund to your credit card.

INTELLECTUAL PROPERTY

The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material, is protected by copyrights, trademarks and/or other proprietary rights. Some content includes both content owned or controlled by the Company and content owned or controlled by third parties have their own rights to this content. All individual articles, reports and other elements making up the Website may be copyright works.

You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Website. You may not use any of the Company’s trademarks or trade names without the Company’s prior written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.

LICENCE AND DOWNLOAD RIGHTS

You acquire no rights or licenses in or to the Website and/or the content other than the limited right to use the Website in accordance with these terms and conditions and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.

Additionally, you may not offer for sale or sell or distribute over any other medium the content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.

PERMISSIONS

If you would like information about obtaining the Company’s permission to use any of the content or if you would like to link your website to the Website, please contact us via email or telephone.

NO WARRANTY

The Company does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or Trojan horses and the Company is not liable for any damage you may suffer as a result of such destructive features.

The Company shall not be held responsible for the content provided by third parties. These terms and conditions do not affect your statutory rights or your legal rights as a consumer.

LIMITATION OF LIABILITY

You acknowledge that your use of the Website, including the content is at your own risk. If you are dissatisfied with the Website, these terms and conditions or any of the content your sole remedy is to stop using the Website.

Save in respect of fraud and of personal injury or death to the extent it results from the Company’s negligence, in no event will the Company be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if the Company has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.

LOCAL LAWS AND REGULATIONS

The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.

The Company does not represent that either the Website or the content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.

INDEMNITY

You agree to indemnify, defend, and hold harmless each of the Company, its employees, officers, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of the Company, its employees, officers, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against the Company, its employees, officers, representatives, suppliers, or agents is based on or arises in connection with:

• your use of the Website;
• any breach by you of these terms and conditions;
• a claim that any use of the Website by you:
  • infringes any intellectual property rights of any third party, or any right of personality or publicity, or
  • is libellous or defamatory, or otherwise results in injury or damage to any third party;
• any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or
• any misrepresentation or breach of representation or warranty made by you contained herein.

References in this section of these terms and conditions to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer.

CHANGES TO THE WEBSITE

You accept that the Company has the right to change the content or technical specifications of any aspect of the Website at any time at the Company’s sole discretion. You further accept that such changes may result in your being unable to access the Website.

CREDIT CARD STORAGE

The Website includes a credit card API through Stripe, which will store your credit card details through a secure external encrypted site. As such, your credit card details are not stored on or through the Website, and there is no way for these details to be retrieved by the Company or its staff.

USE OF PRODUCTS

Upon purchase of products, you agree to use the products only for their intended purpose and strictly in accordance with their instructions, precautions and guidelines. Any other use will cause the buyer to assume full responsibility for any loss or damage arising out of their use. Questions as to use can be directed to info@gregsonweight.com.au

REFUNDS AND EXCHANGES

Subject to Australian Consumer Laws, the Company does not exchange or refund purchases because you changed your mind or chose the wrong colour or wrong product. If an item has a ‘’major problem’, you can choose to exchange. An item has a ‘’major problem’ when it:

• has a problem that would have stopped someone from buying the item if they had known about it;
• is unsafe;
• is significantly different from the sample or description; or
• does not do what we said it would, or what you asked for and cannot be easily fixed.

If the problem is not a ‘major problem’, the Company will endeavour to repair or replace the item within a reasonable time. If it is not repaired in a reasonable time, you can choose a refund or replacement.

DELIVERY/SHIPPING

The Company can use Australia Post, Sendle or other couriers for shipments. We only ship within Australia.

Orders are normally dispatched within 2 business days, provided the product is in stock. If the product is not in stock, The Company will endeavour to contact you to advise on the new delivery time. Very large orders may take longer.

Only Standard Post options are available. If an order is urgent, the Company recommends you contact us to discuss Express Post options, available at an additional charge. Both methods have tracking. Express Post deliveries will usually arrive in 2-3 business days after shipping, within the Express Post network. Standard Post will usually arrive within 3 – 7 business days after shipping.

COLLECT

You may personally collect your item from one of the Company’s locations during business hours, by choosing this option at the time of checkout.

APPLICABLE LAW AND JURISDICTION

All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the state of QLD. By purchasing products through the Website, you submit to the jurisdiction of the courts of QLD and Australia and agree that any legal action may only be commenced in these forums.