Juvenate.com.au

Terms & Conditions

Use of Website

1. Website Content

1.1. Juvenate may, at any time, add or remove content from this website without notice.

1.2. Any content published on this website must be read subject to these Terms.

1.3. Although Juvenate uses its best endeavours to confirm the accuracy of information published on this website, it does not accept responsibility for inaccuracies or errors caused by incorrect information supplied to Juvenate by third parties or by manufacturers or suppliers changing product specifications without notice to Juvenate. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.

2. Your Use of the Website

2.1. You agree to use this website only for purposes permitted by these Terms and all applicable laws or regulations.

2.2. Juvenate may restrict access to this website to you, at its discretion and without prior notice. If this occurs you may be prevented from accessing all or parts of the website including your account details or other content contained in your account (if applicable). Juvenate will not be liable to you if this occurs.

2.3. As electronic websites are subject to interruption or breakdown, access to this website is offered on an “as available” basis only.

3. Intellectual Property Rights

3.1. You acknowledge that any intellectual property rights, including graphics, logos, trademarks, designs, text, icons, sound recordings and all software relating to this website, are owned by (or lawfully licensed to) Juvenate and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms gives you a right to use any such property without express permission.

3.2. You may view this website and its contents for personal and non commercial use only. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of Juvenate.

4. Links to Other Websites

4.1. This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under Juvenate’s control and Juvenate is not responsible for the operation, availability or content of any linked website.

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5. Cookies

5.1. Cookies may be used on this website to gather data in relation to the use of this

website and you consent to this (although you may be able to disable cookies on

your web browser).

6. Privacy Policy

Juvenate’s Privacy Policy available on this

website explains how your personal

information is collected and managed in accordance with the Australian Privacy

Principles in the Privacy Act 1988 (Cth).

7. Disclaimer

7.1. Juvenate makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise required at law.

7.2. Use of information on this website is at your own risk. To the extent permitted by law, Juvenate excludes all liability in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. Where liability is not able to be excluded by law, Juvenate limits its liability to the re-supply of the relevant information products or services.

8. Governing Law and Jurisdiction

8.1. These Terms are governed by and construed in accordance with the laws of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of that state.

8.2. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.

8.3. If you access this website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Juvenate provides no assurance that the content of this website complies with the laws of any country outside Australia.

9. Interpretation

9.1. Terms used in this section which are defined in the Terms and Conditions of Sale have a corresponding meaning.

Terms and Conditions of Sale

1. General

1.1. Your purchase of goods through this website (“website”) is subject to these Terms and Conditions of Sale (“Terms”). If you do not accept these Terms, you should refrain from using this website.

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1.2. Juvenate Pty Ltd A.C.N. 135 130 399 (“us”, “our”, “we” “Juvenate”) carries on

business from the website.

1.3. The goods and services described in this

website are available from Juvenate and

will be available for you to make an offer to Juvenate through the website to purchase at the specified price until otherwise removed from the website or as specified, and where Juvenate accepts your offer, Juvenate will sell the goods or

services to you in accordance with these Terms.

1.4. In these terms:

  “you” means anyone who visits and/or uses this website

  “Order” means an offer made by you in response to an invitation to treat made by Juvenate through the website or via Email.

2. Access and Legality

2.1. By accessing the website, you accept these terms and agree to be bound by them, and an agreement is formed between Juvenate and you, to that effect.

2.2. The use of the website terms and conditions are hereby imported into and form part of these Terms.

3. Legal Capacity

3.1. You must be eighteen (18) years of age or over to purchase products from the website.

3.2. Any Order and/or purchase made by you using this website is an acknowledgement by you that you:

3.2.1. are over the age of eighteen (18) years;

3.2.2. accept these terms;

3.2.3. agree that you have entered into a legal contract with Juvenate in relation to these terms;

3.2.4. these terms, together with your order, constitute the entire agreement between you and Juvenate for the supply of products.

4. Orders

4.1. Representations of products for sale made by Juvenate via the website do not constitute an offer to sell but an invitation to treat.

4.2. You enter into a contract with Juvenate for the sale and supply of products by making an offer via the website to purchase a product at the price advertised on the website by:

4.2.1. placing an electronic Order for the products using the website;

4.2.2. confirming the Order details in accordance with the procedure on the website;

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4.2.3. making payment in full (plus any applicable delivery charges) on the website; and the subsequent acceptance of that offer by Juvenate

4.3. You acknowledge that Juvenate is under no obligation to investigate the authenticity or authority of persons issuing or transmitting electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

4.4. You will receive an email from Juvenate as soon as practicable after you have confirmed your Order and made payment.

4.5. If your Order is not accepted we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

4.6. Juvenate may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.

4.7. Any representations made about stock availabilities are subject to change. If Juvenate cannot supply a particular product, we will notify you by telephone or email as soon as possible.

5. Payment

5.1. All payments must be made in full prior to delivery.

5.2. Payments must be made via the secure payment gateway facilities accessible via the website.

6. Supply and Delivery

6.1. Subject to you complying with these Terms and acceptance of your Order by Juvenate, we will sell and supply the products to you as shown on your Order confirmation.

6.2. Products may not be available for immediate delivery. Juvenate will endeavour (subject to clause 6.4) to deliver your Order to you within ten (10) days of the date you placed your Order.

6.3. If Juvenate gives you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge and we will arrange for a full refund of any payment made by you to be processed.

6.4. Delivery times may be greater than 10 business days for regional, remote or areas outside Australia.

7. Delivery by Post or Carrier

7.1. The terms of this clause apply where you select to have your goods delivered to a specified address within Australia.

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7.2. The delivery address must be an address within Australia and cannot be made to a

PO Box.

7.3. On receipt of your Order by it will be dispatched to your specified delivery address.

7.4. You will be required to be available in person to accept delivery of your Order.

7.5. Juvenate will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however we do not warrant that these timeframes will always be met, as many factors may affect these timeframes.

7.6. Juvenate cannot and will not accept responsibility for delivery failures or delays by any third party delivery contractor.

8. Title and risk in goods

Title and risk in products sold through the website, such as loss and damage, pass to you on delivery or collection, as the case may be.

9. Payment fraud

9.1. The website employs a secure payment system.

9.2. To the extent permitted by law, Juvenate will not be responsible for any damage or consequential loss (whether direct or indirect) suffered by a user where a credit card or other payment account is fraudulently used or is used in an unauthorised manner.

10. Disclaimer and Indemnity

10.1.

To the extent permitted by law, Juvenate excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might

suffer as a result of:

10.1.1. errors, mistakes or inaccuracies on the website;

10.1.2. you acting, or failing to act, on any information contained, or referred to on the website;

10.1.3. personal injury or property damage of any kind resulting from your access or use of the website;

10.1.4. any unauthorised access to or use of the websites secure servers;

10.1.5. any interruption or cessation of transmission to or from the website;

10.1.6. any bugs, viruses or other harmful code or communications which may be transmitted to or through the website by any third party.

10.2.

Except as expressly provided in these terms, and to the fullest extent allowed by the law, Juvenate and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.

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10.3.

You will at all times indemnify, and keep indemnified, Juvenate and its directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.

10.4.

This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

11. Return Exchange and Refund Policy

11.1.

At Juvenate your satisfaction is important.  Any faulty, damaged or unsatisfactory product can be returned within twenty-one (21) days of receipt for replacement or, at our option, a full refund on the costs of the goods (excluding shipping). If you are not satisfied with your purchase please follow this procedure:-

11.1.1. Contact us via the email address        or on the following telephone number

11.1.2. A customer service representative will evaluate your return request, record all necessary product return information and issue you with a return authorisation number. The customer service representative will then provide you with an address to send or deliver your return.

11.1.3. Send your purchased item to the return address provided. In order to be valid the return must be received by Juvenate within fourteen (14) days of the return authorisation number being issued.

11.1.4. Upon receipt of the item a quality control inspection will be carried out and, provided that evaluation confirms the complaint and the product is received in the condition set out in sub-clause 11.1.5 a replacement product will be shipped within seven (7) days of receipt of the faulty product by us. Please note that Juvenate reserves the right to issue a full refund on the cost of the goods in lieu of providing a replacement product.

11.1.5. Return product must be received in the original packaging with tags (and generally in a saleable condition). Product received in a condition other than as set out in this clause will not be eligible for replacement or refund.

12. Force Majeure

Juvenate will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control.

13. Governing Law

13.1.

These terms will be governed by and interpreted in accordance with the laws of Queensland, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of Queensland, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

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13.2.

If you access the website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

14. Severability

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and us.

15. Waiver

The failure by Juvenate to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.