Terms and Conditions
Please read the following Terms and Conditions carefully before placing your Order. These Terms and Conditions contain important information about website usage, ordering, processing, fulfilment and delivery of goods, including limitations of liability.
Products on this website is supplied by FMCG Industry Solutions Pty Ltd (ABN 22135446007) trading as Shoe Shine.
These Terms and Conditions constitute a contract between the customer (You) and Shoe Shine.
1. Agreement
In these Terms and Conditions “We”, “Our” or “Us” means Shoe Shine; and “You” or “Your” means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.
The Agreement together with your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.
2. Legal Capacity
You need to be over eighteen (18) years to place Orders with Shoe Shine. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
3. Website Usage
The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
You must take Your own precautions to ensure that Your process 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. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
4. Pricing
All prices displayed on the Website are subject to change at any time without notice.
All prices listed on the Website includes GST (10%) and exclude Shipping Costs. Shipping Costs are shown separately on an Order.
5. Product Specifications
Features and specifications of Products described or depicted on the Website are subject to change without notice
All weights and dimensions of Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.
6. Orders
You may place an Order by following the instructions on the Website.
Orders will be deemed to have been received by Shoe Shine at the time Shoe Shine sends an Order confirmation to Your nominated e-mail address.
It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence
Shoe Shine may cancel Your Order at any time prior to dispatch of the Products.
In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
Shoe Shine does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
Shoe Shine shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Shoe Shine (or its affiliates), and Shoe Shine shall be entitled to a reasonable extension of time for the performance of such obligations.
Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
7. Payment
Payment can be made via Credit Card using Paypal facility. You can also use your own Paypal account to pay.
Payment for Orders will be processed immediately upon confirmation of Your Order.
8. Delivery and ownership of the goods
We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. We do not accept any liability for loss or damage suffered by anyone as a result of any such delays.
Products will be dispatched within 5 days after payment has been made.
We do not deliver products to PO Box address.
Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided
The couriers or postal services nominated by us will deliver Products during local business hours (9am to 5pm, Monday to Friday).
We are not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Shoe Shine (as notified to the Customer) in relation to date and time of delivery. We shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
9. Faulty or damaged goods
All products sold on the website have 12 month warranty. Shoe Shine will repair or replace faulty or damaged Products.
10. Warranty
Each Product sold on the Website is covered by a 12 month warranty
We will carry spare parts for each Product for the length of the Standard Warranty period. We do not guarantee the availability of spare parts outside of these periods. Where a Product is outside of warranty, Shoe Shine reserves the right to refuse to supply spare parts where limited stock is available.
Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.
11. Liability
To the extent permitted by law:
1. we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and
2. our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
12. Intellectual Property
All Intellectual Property in any Material on the Website is the property of FMCG Industry Solutions Pty Ltd, Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
13. Privacy
By placing your Order or otherwise contacting Shoe Shine, you agree that We may store, process and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Shoe Shine Products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.
14. Miscellaneous
Title and risk in the Shoe Shine Products pass to the Customer on signing for delivery of the Products.
Shoe Shine reserves the right to make changes to the shoe shine Website and these Terms and Conditions without notice.
Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
A failure or delay by Shoe Shine to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Shoe Shine does not preclude its future ability to exercise that or any other power or right.
Insofar as they apply to the ordering, purchase, fulfilment and delivery of Shoe Shine Products from www.shoe-shine.com.au, this Terms and Conditions are governed by and must be construed according to the law of the State of NSW, Australia and the parties submit to the jurisdiction of the courts in that State.
No Shoe Shine employee or agent has the authority to vary any of the Terms and Conditions governing any sale.