TERMS & CONDITIONS
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Terms of Agreement for online trading between SUPER FLY HONEY and The user of this website ("You/Your")
Your use of this Website and purchase of the Products is subject to these legally binding terms and conditions. Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.
From time to time, this Agreement will be reviewed and may be revised. SUPER FLY HONEY reserves the right to change this Agreement at any time. Any such changes will be posted on the Website. If You have commenced any transaction prior to a change to this Agreement, transaction will be effected in accordance with the terms in place at the time of the acceptance of Your offer SUPER FLY HONEY.
1. PLACING AN ORDER AND PAYMENT
1.1 By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website, subject to any subsequent notification of price by SUPER FLY HONEY to You in accordance with clause 1.5.
1.2 Payment must be made at the time of submitting the Purchase Order. Payment can be made by credit card. SUPER FLY HONEY accepts Visa and Mastercard. You warrant that You are an authorised user of the credit card used to complete payment in accordance with this clause.
1.3 All Purchase Orders placed through this Website are subject to confirmation and acceptance by SUPER FLY HONEY. We will email you with confirmation of the receipt of Your Purchase Order, and then Acceptance by SUPER FLY HONEY will be upon Your receipt of the email confirming dispatch of the Product in accordance with clause 3.4 and 3.5. SUPER FLY HONEY may reject Your Purchase Order, and refund any payment made by You, at any time prior to Your receipt of this acceptance by SUPER FLY HONEY.
1.4 The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit provider. Therefore we are not able to take responsibility if the final amount charged to your card differs slightly from the estimated conversions we provide.
1.5 SUPER FLY HONEY may vary prices in the event of price changes or mistakes on reasonable prior notice to You. If SUPER FLY HONEY requests payment for increased prices, You may cancel the order by giving notice to SUPER FLY HONEY, which must be received within seven days of the announcement of the increase.
1.7 Expiry of cookies - the cookies that are placed on your computer when you visit the Website are known as session cookies. These session cookies originate from our web server, and cannot be accessed by any web server other than ours. Session cookies are temporary cookies which are necessary for the proper functioning of the Website. They automatically expire approximately 20 minutes after you have ceased viewing pages on our Website, and therefore cannot be used to recognise you on subsequent visits to the Website.
1.8 SUPER FLY HONEY does not store or keep credit card numbers from online transactions. While every endeavour is made to ensure every shopping experience with us is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.
1.9 Customers are responsible for paying any freight charges incurred by refused shipment and unclaimed goods. Likewise customers are responsible for paying any additional customs or duties charges that may be incurred on their order. SUPER FLY HONEY will make every effort to deliver on time. However, we shall not be held liable for delayed or lost shipment. Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts will be passed to the customers if the delivery address is unattended at the time of delivery, or if incorrect details are provided during the checkout process. When your order is shipped you will be sent an email confirmation which will include an order number and must be used when enquiring about your order.
1.10 The Website is owned and operated by SUPER FLY HONEY. This Agreement supersedes all prior agreements and may be revised by SUPER FLY HONEY from time to time.
1.11 This Agreement must be read in conjunction with the Returns Policy and Privacy Statement. These documents form a part of this Agreement.
2. YOUR USE OF THE WEBSITE
2.1 You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.
2.2 You will not violate or attempt to violate the security of the Website. You will not hack into the Website, SUPER FLY HONEY’s computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
3. SITE LIABILITY AND INDEMNITY
4.1 To the fullest extent possible, the limitation of liability and indemnity set out in clause 7 of these terms also applies to use of the Site by replacing the word “Products” with “Site or the Comment Function”.
4. WEBSITE AVAILABILITY
4.1 From time to time down-time, either scheduled or unscheduled, may occur. SUPER FLY HONEY will work within reason to ensure this amount of down-time is limited.
4.2 SUPER FLY HONEY will not be held liable for the consequences of any down-time.
4.3 Due to changing market forces and other extenuating circumstances that affect product availability and price stability we reserve the right to withdraw any product we advertise and change prices without notice. During sales periods, we may reduce items further. No returns, refunds or credits are available on the price difference.
4.4 Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
4.5 Images displayed on this website should be regarded as illustrative and informational purpose only. We endeavour to display products as close to the physical colour/product as possible, but at times, colours may not be identical to the actual product.
5. INTELLECTUAL PROPERTY
5.1 Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
5.2 Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by SUPER FLY HONEY.
5.3 SUPER FLY HONEY’s trade marks on this site represent some of the trade marks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by SUPER FLY HONEY.
5.4 All rights not expressly granted are reserved.
5.5 This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under SUPER FLY HONEY’s direct control and SUPER FLY HONEY accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that SUPER FLY HONEY is entitled to require you to remove any link from another website to this Website which you install without obtaining SUPER FLY HONEY’s prior written consent.
6.1 You acknowledge that the Products require special maintenance. SUPER FLY HONEY will not be liable for any damage caused by any failure by You to maintain the Product properly.
6.2 Please note that the colours of Product may vary slightly from those displayed by Your computer monitor.
6.3 Please note that the Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified ("Non-excludable Rights"). Notwithstanding any other term in this Agreement, SUPER FLY HONEY does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.
7. LIMITATION OF LIABILITY
7.1 To the fullest extent permitted by law, SUPER FLY HONEY’s liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of SUPER FLY HONEY, to:
a. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
b. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
7.2 SUPER FLY HONEY’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if SUPER FLY HONEY has been notified of the possibility of such loss or damage.
7.3 You agree that SUPER FLY HONEY’s liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.
8. FORCE MAJEURE
8.1 SUPER FLY HONEY will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond SUPER FLY HONEY’s reasonable control.
9.1 SUPER FLY HONEY reserves the right to terminate this Agreement at any time.
9.2 Subject to clause 9.3, SUPER FLY HONEY shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
9.3 If the Product has not been delivered to You prior to any termination of this Agreement by SUPER FLY HONEY, SUPER FLY HONEY will refund to You any payment You have made prior to the termination.
"Agreement" means the terms and conditions that apply to the use of the Website which may be amended from time to time.
"Products" means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.
"Purchase Order" means the online purchase order form to be completed by You in relation to Your purchase of the Product.
"Website" means internet website with the URL www.superflyhoney.com and associated websites.
"You" means the user of the Website (and "Your" has the corresponding meaning).
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