Terms & Conditions.
These terms and conditions are the contract between you and Eshe. By visiting or using our website, you agree to be bound by them.
We are: Eshe, a business registered in Australia, ABN 48219536560. Our address is:
12 Arthur Street, Bunbury, Western Australia, 6230, Australia.
You are: Anyone who uses Eshe Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Eshe Website immediately.
The terms and conditions:
1. Definitions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you.
“Content” means any content in any form published on Eshe Website by us or any third party with our consent.
“Goods” means any of the goods we offer for sale on Eshe Website, or, if the context requires, goods we sell to you.
“Eshe Website” means any website of ours, and includes all web pages controlled by us.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Eshe Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
2. Interpretation
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated $80 per hour.
2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Eshe Website.
2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use Eshe Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. Because we rely on our suppliers, we do not guarantee that Goods advertised on Eshe Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Eshe Website on the day you order Goods.
3.5. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Eshe Website; these terms still apply so far as they can be applied.
3.7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Acceptance of your order
4.1. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.
4.2. At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
4.3. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
4.3.1 accept the alternatives we offer;
4.3.2 cancel all or part of your order.
5. Price and payment
5.1. It is possible that the price may have increased from that posted on Eshe Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
5.2. If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
5.3. If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
5.4. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Eshe Website before we ask you to pay.
5.5. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
6. Security of your credit card
We take care to make Eshe Website safe for you to use.
6.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7. Delivery and In Store Pick Up (Click and Collect)
7.1. Goods are dispatched within 1 business days from the day you place an order to purchase the Goods.
7.2. We aim to deliver products to you at the place of delivery (“Delivery” requested by you within the time indicated by us at the time of your Order, but we can’t guarantee firm Delivery dates or times. Delivery options are set out in our Shipping page on our Eshe Website although such information is indicative only.
7.3. Deliveries will be made by the Carrier to the address stipulated in your order. If you have provided us with the incorrect address and the parcel is returned to us, we will require payment to re post this item by the Carrier. You must ensure that someone is present to accept the delivery.
7.4. If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
7.5. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
7.6. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us here so that we may dispatch a replacement quickly and minimise your inconvenience. If upon checking your order you find items missing or damaged, contact will need to be made within 7 days of receipt of delivery.
7.7. Unless otherwise specified by you, all risk in the product shall pass to you upon delivery by the Carrier. If delivery is delayed, risk shall pass at the date when delivery has occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
7.8. Goods are sent by post. We will send you a message by email to tell you when we have despatched your order. We will try to let you know if we expect to be unable to meet our estimated dispatch date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.
7.9. Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order. Additional charges for shipping on such large and heavy “bulky” goods may apply. We will contact you with the rates before dispatching your order.
7.10. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
7.11. You must take care when opening the product so as to not damage it, particularly when using sharp instruments. We are not liable for any products damaged when opening parcels.
7.12. We are happy for you to pick up Goods purchased via Eshe Website provided you have received an email advising your order is ready for collection.
7.13. If you pick up Goods from our premises then:
7.13.1 We will not be able to assist you in loading your purchase in your car:
7.13.2 Goods are at your risk from the moment they are picked up by you from our shop;
7.13.3 you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
8. Foreign taxes and duties
8.1. If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
8.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
9. Liability for subsequent defects
9.1. We will repair or replace Goods which fail to comply with the provisions of the Competition and Consumer Act 2010 or which shows a defect. If you claim that the item is defective, the following conditions apply:
9.1.1 the defect must be reported to us within four weeks of becoming apparent;
9.1.2 the defect results only from faulty design or manufacture;
9.1.3 you have returned the defective Goods or parts to us if we have so requested.
9.2. If we agree that we are liable, we will refund the cost of the damaged goods as well as the postage if applicable. If you wish to repurchase the Goods, you will be required to place a new order and pay postage (if applicable) for this new order.
9.3. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
10. Goods returned
These provisions apply in the event that you return any Goods to us for any reason:
10.1. The Goods must be returned to us as soon as any defect is discovered but not later than 30 days.
10.2. We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact us as soon as possible (within 7 days of receipt of delivery) so we can guide you through the returns process and help resolve the issue as swiftly as possible. In order to assist the returns process, you may be required to send us images of the damage or defect for preliminary assessment. You may be asked for further information to support your claim to assist us with our assessment of the Goods.
10.3. Goods should be returned:
10.3.1 with both Goods and all packaging as far as possible in their original condition;
10.3.2 securely wrapped;
10.3.3 including completed Returns Form as supplied by Eshe via your delivery or via email on request;
10.3.4 via registered post with a reputable Carrier
10.4. If you send Goods to us without a Returns Note, we may not be able to identify sufficient details to enable us to attend to your complaint.
10.5. Detailed instructions for returning Faulty Goods are on Our Website at www.emporiumofeshe.com. Please note in particular that we cannot deal with your complaint unless you return the entire Goods that you bought: that is to say, with all components and packaging.
10.6. If delivery was made to Australian address, you are also protected by the Competition and Consumer Act 2010.
10.7. If we agree that the Goods are faulty, we will:
10.7.1 refund the cost of return carriage;
10.7.2 repair or refund the cost of the Goods at our discretion
11. Disclaimers
11.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
11.2. All the conditions, warranties or other terms implied by the law of any county other than Australia are excluded from this agreement to the extent permitted by law.
11.3. We or our Content suppliers may make improvements or changes to Eshe Website, the Content, or to any of the Goods, at any time and without advance notice.
11.4. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
11.5. We give no warranty and make no representation, express or implied, as to:
11.5.1 the quality of the Goods;
11.5.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
11.5.3 the correspondence of the Goods with any description;
11.5.4 the adequacy or appropriateness of the Goods for your purpose;
11.5.5 the truth of any Content on Our Eshe Website;
11.5.6 non-infringement of any right.
11.6. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Eshe Website or the purchase of Goods.
11.7. Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
12. Your account with us
12.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
12.2. If you use Eshe Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
12.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
13. Restrictions on what you may Post to Eshe Website
You agree that you will not use or allow anyone else to use Eshe Website to Post Content which is or may:
13.1. be malicious or defamatory;
13.2. consist in commercial audio, video or music files;
13.3. be illegal, obscene, offensive, threatening or violent;
13.4. be sexually explicit or pornographic;
13.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
13.6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
13.7. solicit passwords or personal information from anyone;
13.8. be used to sell any goods or services or for any other commercial use;
13.9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
13.10. link to any of the material specified above, in this paragraph;
13.11. send age-inappropriate communications or Content to anyone under the age of 18.
14. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
14.1. hyperlinks, other than those specifically authorised by us;
14.2. keywords or words repeated, which are irrelevant to the Content Posted;
14.3. the name, logo or trademark of any organisation other than yours;
14.4. inaccurate, false, or misleading information.
15. How we handle your Content
15.1. Our privacy policy is strong and precise. It complies fully with current privacy law which is at [link to privacy policy].
15.2. If you Post Content to any public area of Eshe Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
15.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
15.4. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Eshe Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
15.5. We will use that licence only for commercial purposes of the business of Eshe Website and will stop using it after a commercially reasonable period of time.
15.6. You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
15.7. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Eshe Website, even though it may be defamatory or critical.
15.8. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
15.9. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
15.10. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
15.11. Please notify us of any security breach or unauthorised use of your account.
16. Removal of offensive Content
16.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Eshe Website for any purpose.
16.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
16.3. If you are offended by any Content, the following procedure applies:
16.3.1 Your claim or complaint must be submitted to us in the form available on Eshe Website, or contain the same information as that requested in our form. It must be sent to us by email.
16.3.2 we shall remove the offending Content as soon as we are reasonably able;
16.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
16.4. We may re-instate the Content about which you have complained or not.
16.5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
16.6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
17. Security of Eshe Website
If you violate Eshe Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
17.1. modify, copy, or cause damage or unintended effect to any portion of Eshe Website, or any software used within it.
17.2. link to Eshe Website in any way that would cause the appearance or presentation of Eshe Website to be different from what would be seen by a user who accessed Eshe Website by typing the URL into a standard browser;
17.3. download any part of Eshe Website, without our express written consent;
17.4. collect or use any product listings, descriptions, or prices;
17.5. collect or use any information obtained from or about Eshe Website or the Content except as intended by this agreement;
17.6. aggregate, copy or duplicate in any manner any of the Content or information available from Eshe Website, other than as permitted by this agreement or as is reasonably necessary for your use of Eshe Website;
17.7. share with a third party any login credentials to Eshe Website.
17.8. Despite the above terms, we now grant a licence to you to:
17.8.1 create a hyperlink to Eshe Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
17.8.2 you may copy the text of any page for your personal use in connection with the purpose of Eshe Website.
18. Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
18.1. your failure to comply with the law of any country;
18.2. your breach of this agreement;
18.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
18.4. a contractual claim arising from your use of the Goods;
18.5. a breach of the intellectual property rights of any person.
19. Intellectual Property
19.1. We will defend the intellectual property rights in connection with our Goods and Eshe Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
19.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
19.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
19.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
20. Miscellaneous matters
20.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
20.2. Where we provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
20.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
20.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
20.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
20.6. Any communication to be served on either party by the other shall be delivered by hand or sent by express post.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
20.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
20.8. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
20.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
20.10. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
20.11. The validity, construction and performance of this agreement shall be governed by the laws of the State of Western Australia and you agree that any dispute arising from it shall be litigated only in that State.