Terms and Conditions of Internet Sales

TERMS AND CONDITIONS OF INTERNET SALES

AYALON (Qld) Pty Ltd ACN 116 298 518 Trading as BUNDARRA GALLERY ("the Seller")

All dealings between  the Seller and the Customer are subject to these terms and conditions:

1. The Seller is not obliged to accept any order unless all monies owed to the Seller are paid in clear funds at the time the Order is placed.

2. Delivery of the goods is to be by Airmail or such other method as the Seller and Customer agree in writing.

3. If delivery is by airmail:

(a) If the Customer has ticked “yes” to insurance then the risk in the goods will pass to the Customer upon delivery of the goods to the Customer.

(b) If the Customer has not ticked “yes ” to insurance then the risk in the goods will pass to the Customer upon delivery of the goods to the premises of the Seller’s postal agent.  The goods are deemed to be in good order or condition upon delivery by the Seller to the Seller’s postal agent.

4. If delivery is to be effected other than by airmail then regardless of whether the Customer selects a freight forwarding agent or carrier; or the Seller selects a freight forwarding agent or carrier on the Customer’s behalf, delivery shall be deemed to have been effected in good order or condition upon collection by the agent or carrier at the Seller’s premises and the Customer shall be liable for all freight, insurance and handling charges in respect of the goods.

5. The Customer is deemed to have inspected and accepted the goods as being in satisfactory condition upon the expiration of 48 hours from the time of delivery unless during that period the Seller receives written notice from the Customer as to delivery of faulty goods or incorrect goods.  Faulty or incorrect goods must be returned to the Seller at the cost of the Customer within 7 days of receipt by the Customer.

6. Subject to this clause, the Seller makes no warranties either express or implied as to merchantability, fitness or otherwise with respect to the goods.  If a term condition or warranty implied by law is capable of limitation it is hereby limited at the option of the Seller to the resupply of the goods or payment of the cost of resupplying the goods.  Except for any terms, conditions or warranties implied by law which are not capable of exclusion, or as otherwise expressly provided in this Agreement, all conditions, warranties, terms, undertakings, duties and obligations expressed or implied by law in any way relating to goods or services are hereby excluded and the Seller shall not be liable in contract, tort, negligence, breach of statutory duty or otherwise in respect of any loss or damage claimed for demands of any nature arising directly or indirectly out of provision of the goods.

7. The internal records of the Seller are conclusive proof of the placement and terms of any order (except in case of demonstrated manifest error).

8. These terms constitute the entire agreement between the Seller and the Customer and all previous negotiations, warranties, undertakings and understandings are hereby superseded.

9. This Agreement applies notwithstanding the terms and conditions of any order placed by Customer.

10. This agreement can only be varied in writing signed by the Customer and the Seller.

11. If any term or condition is or becomes illegal or unenforceable it will be severed and none of the remaining terms or conditions will be affected.

12. The Customer agrees to indemnify and keep indemnified the Seller against any loss, claim or expense (including legal costs on indemnity basis) arising from breach of this Agreement by the Customer.

13. This Agreement is governed by and constructed under the laws of Queensland, Australia.  Any legal action in relation to this Agreement may be commenced in Cairns, Queensland, Australia.