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Terms and Conditions
1.
General
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By browsing this Online Store and/or placing
an order, you agree to be bound by these Online Store Terms and
Conditions, the Website Terms and conditions, any additional
terms and conditions included in your order form or presented
during the purchasing process and any other terms or conditions
required to be implied by law (the "Conditions"). If you
do not understand or accept the Conditions, please exit this
Online Store immediately.
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In these Online Store Terms and Conditions,
references to "us", "we" and "our" refers
to Potentiality unless stated, or the context implies,
otherwise.
2.
Ordering Procedure
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You may offer to purchase goods/services
described in this Online Store for the price specified in the
Online Store by placing an order.
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Your order must contain your name, postal
address, phone number, email address, credit card details and
any other ordering information required by us.
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Payment for your order must be effected by
credit card using our ordering facility. We will only accept
payment for your order with one of the following major credit
cards, issued in Australia: Visa, MasterCard and Bankcard. Any
credit cards that you use must be valid at the date of making
your purchase.
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Confirmation of your purchase will be sent to
your e-mail address once your payment has been cleared. If you
do not receive a confirmation e-mail within two business days,
please contact Potentiality.
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Orders cannot be cancelled by you once they
have been submitted, even if our confirmation email is still
pending.
3.
Cancellation of Order
Your placement of an order via this Online Store
is an offer by you to purchase our goods/services. We may, for any
reason, decline to accept, or cancel, your order or any part of your
order at any time up to the time of delivery, notwithstanding that
your order has been confirmed and payment received (in which case we
will reimburse you for the relevant amount). If we decline to
accept, or cancel your order, we will attempt to notify you using
the e-mail address you have provided with your order.
4.
Delivery
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Delivery of goods/services is
effected in the manner described on
this Online Store.
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Title to, and responsibility for, goods
ordered by you passes from us to you when the goods are
delivered to you.
5.
Your warranties
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To make a purchase through this Online Store
· you must be 18 years of age or
over, or if you are under 18 years of age, you must have your parent
or guardian's consent to make the purchase and enter into the terms
and conditions applying to the purchase;
· you must be
authorised to use the credit card used to make your purchase;
and
· you
must be buying for your own use and not for resale.
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By making a purchase through the Online Store
you warrant that you meet the relevant conditions above.
6.
Privacy
We undertake to comply with
the terms of our Privacy Policy in relation to the collection, use
and disclosure of your personal information.
7.
Security
Unfortunately, no data transmission over the Internet can be
guaranteed as totally secure. Whilst we strive to protect such
information, we do not warrant and cannot ensure the security of any
information which you transmit to us. Accordingly, any information
which you transmit to us, including your credit card details, is
transmitted at your own risk.
8.
Limitation of Liability
To the extent permitted by law, we and our
employees, officers, agents and contractors (including Potentiality)
exclude all liability for any loss or damage (including without
limitation, indirect, special or consequential loss or damage)
arising from the use of this Online Store whether or not caused by a
negligent act or omission. To the extent that such a limitation of
liability is not lawful, liability is limited to the resupply of the
relevant goods/services.
9.
Miscellaneous
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All prices quoted for goods/services on this Online Store are
in Australian dollars and include GST, where applicable, unless
expressly stated otherwise.
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If any provision of the Conditions is held to be invalid or
unenforceable, that provision will be severed and the other
provisions will remain in full force and effect.
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Goods/services offered in this Online Store, and their
prices, are subject to change without notice.
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We reserve the right to amend these Conditions at any time.
Amendments will be effective immediately they are placed on this
Online Store. Your continuing use of the Online Store following
such placement will constitute your agreement to the amendments.
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Access to the Online Store may be terminated by us at any
time without notice.
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We accept no responsibility for any failure to comply with
these Conditions where such failure is due to a circumstance beyond
our reasonable control.
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These Conditions are governed by the laws in force in
Victoria, and you agree to submit to the exclusive jurisdiction of
the courts in Victoria.
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