REFUND POLICY AND TERMS AND CONDITIONS OF TRADE
1. INTERPRETATION
In these Terms:
1.1. “Agreement” means any agreement between Talisman Collections and the customer;
1.2. “Consequential Loss or Damage” includes but is not limited to loss of profits, loss of opportunity, loss of use, loss of revenue, removal costs, re-installation costs and any other remote form of damage;
1.3. “GST” means the Goods and Services Tax imposed by A New Tax System (Goods & Services Tax) Act 1999 and any related act and/or regulations;
1.4. “Talisman” means Talisman Collections Pty Limited ABN 16 115 219 022;
1.5. “Goods” means all goods sold and/or delivered by Talisman to the customer from time to time; and
1.6. “Terms” means these Terms and Conditions of Trade.
2. APPLICATION
2.1. These Terms apply to all products sold or supplied by Talisman.
2.2. No amendment, alteration, waiver or cancellation of these Terms is binding on Talisman unless confirmed in writing by Talisman.
2.3. The customer acknowledges that no employee or agent of Talisman may make any representation, warranty or promise in relation of the Goods or the sale of the Goods other than as contained in these Terms.
3. INSPECTION
Unless the customer has inspected the Goods and given written notice to Talisman within seven (7) days after collection that the Goods are defective, do not comply with the relevant specifications or descriptions are faulty or damaged, the Goods are deemed to have been accepted in good order and condition and compliant with those specifications and description.
4. RETURN OF PRODUCTS AND REFUND OF PURCHASE PRICE
4.1. Subject to clause 4.2 , Talisman will only accept the return of any Goods to it by the customer, if:
4.1.1. the customer has applied to Talisman for approval to return the Goods and has returned the Goods to Talisman’ premises within seven (7) days of purchase; and
4.1.2. the Goods, when received by Talisman, must be unsoiled, undamaged and in a resaleable condition (if otherwise, the customer must pay for all costs of returning the Goods to a resaleable condition for example by re-packaging) as determined by Talisman.
4.2. Talisman will not allow a return of Goods and a refund of the Purchase Price if the Goods are:
4.2.1. second hand goods; or
4.2.2. imported especially for the customer or comprise non-standard equipment made to special order; or
4.2.3. marked as “NOT RETURNABLE”.
5. TALISMAN’S LIABILITY LIMITED
5.1. These Terms do not affect any rights conferred by the Trade Practices Act (1974).
5.2. Talisman is not subject to, and the customer releases Talisman from any liability (including but not limited to Consequential Loss or Damage) arising from any delay in delivery or fault or defect in the Goods. The customer acknowledges that Talisman is not responsible if the Goods do not comply with any applicable safety standard(s) or similar regulation(s), and that Talisman is not liable for any claim, cost, damage or demand resulting from such non-compliance.
5.3. If any statutory provisions under the Trade Practices Act 1974 or any other statute(s) apply to the Agreement then, to the extent to which Talisman is entitled to do so, Talisman’s liability under the statutory provisions is limited, at Talisman’s option, to:
5.3.1. refund the Purchase Price, replacement or repair of the Goods or the supply of equivalent Goods; or
5.3.2. payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods,
and in either case, Talisman will not be liable for any Consequential Loss or Damage or other direct or indirect loss or damage.
6. WARRANTY
6.1. Talisman warrants that the Goods will be supplied in an undamaged condition.
6.2. The customer acknowledges and agrees that it is satisfied from its own enquiries that the specification of the Goods is correct and appropriate for the purpose required by the customer.
6.3. Where the Goods carry a manufacturer’s warranty, Talisman will, if and when required to do so, use all reasonable endeavours to assist the customer in obtaining the benefit of that warranty.
6.4. On discovery of any defect in the Goods, the customer must immediately notify Talisman in writing of such defect. The customer must not carry out any remedial work to products that are alleged to be defective without first obtaining the written consent of Talisman to do so.
6.5. The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Agreement in relation to the Goods are hereby expressly negatived and excluded to the full extent permitted by law.
6.6. The customer expressly acknowledges and agrees that it has not relied on, and Talisman is not liable for any advice given by Talisman, its servants, agents, representatives or employees in relation to the suitability of the Goods for any purposes.
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WEB SITE DESIGN AND DEVELOPMENT
This web site was designed and created by Cathy Back of Opacity Design. No part of this web site may be altered without the express permission of Opacity Design.
For further information on design services, please contact Cathy Back direct on:
Tel: 0412 319 035
Studio 27 Loombah Street, Bilgola NSW Australia
email cathy@opacity.com.au
LEGAL & DISCLAIMER
Site and content are copyright 2008 Talisman Collections
PRIVACY STATEMENT
Please click here for our Privacy Statement,
if you wish to link with us or if you wish to copy information from this site
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CONFIDENTIALITY
• Talisman Collections values your privacy and will never sell or market information you provide, nor do we allow anyone else to access your information, unless required by law.
• Talisman Collections collects e-mail addresses and contact details of visitors where they are supplied to us. We may use these details for further marketing contacts.
• You are free to opt-out from receiving marketing information from us.
GENERAL
While we have endeavoured to capture the true colour of the handbag on screen, slight colour variations may occur in real life.
While every care has been taken in the preparation of this web site and associated electronic documents, no responsibility will be accepted by the owner of the web site, Talisman Collections, the host, the author of the site or any nominated agents of Talisman Collections for any consequences arising from the use of any information on this site.
All dimensions are in mm unless otherwise specified.
TRADING CONDITIONS (Terms & Conditions of Trade)
This web site covers the Talisman Collections range of products. Dimensions are within generally accepted tolerances. It is the customer's responsibility to ensure that these tolerances are consistent with the intended use of the products.
Talisman Collections gives no warranty as to the suitability of the goods for any specific uses other than those for which the goods are normally purchased.
TRADEMARKS AND COPYRIGHT
1. Talisman Collections and XS Baggage™ are trademarks of Mackies Industries Pty Ltd 1998 - 2006.
2. All information, documents and images here in (the Web Site) are owned and
copyright Talisman Collections.
3.
(A) Original photographs and artwork undertaken of Principal's and supplier's products by Talisman Collections and
(B) all images that are from Principal's and supplier's catalogues and brochures are used with their best interest and for the purpose of encouraging the sale of their products and the promotion of their business name.
4. All Trademarks are the property of their respective owners.
If you feel an infringement has occured please click here to contact us urgently.
______________________________ Talisman Collections - ABN 16 115 219 022 ________ |