This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website http://www.joebananas.com.au(site) to you.
As a user
of this site (referred to as "you/your") you acknowledge that any use
of this site including any transactions you make ("use/using") is
subject to our terms and conditions listed below. In addition, you will find
other useful information located on our home page. Please:
* Read through these terms and conditions carefully before using this site.
* Print a copy for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from the site.
The site is operated by Joe Bananas Pty Ltd (referred to as "Joe Bananas/we/our/us"). We are registered in Australia under the Australian Business Number: 43 052 004 734.
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the site and it is your responsibility to read the terms and conditions on each occasion you use the site and your continued use of the site shall signify your acceptance to be bound by the latest terms and conditions.
1.2 The information on this site does not constitute a binding offer to sell products described on the site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation. You may not purchase any item from this site for resale by you or any other person, and you may not resell any item purchased from this site. The prices displayed on the site are quoted in Australian dollars and are intended to be valid and effective only in Australia. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account.
1.3 To order products through our site, you may need to register on the site and subsequent orders of products will be subject to an approved login name and password ("password details"). Information that you provide on this site must be accurate and complete. All password details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your password details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
1.4 Our Site is not intended for use by people who do not satify these conditions:
a) You are legally capable of entering into binding contracts;
b) You are at least 18 years old;
c) The purchase is for personal use and you do not intend to resell or reproduce any product.
2. Order process
2.1 Please see the Shipping Information pages for information on how to place an order. All orders that you place on the site will be subject to acceptance in accordance with these terms and conditions.
2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Joe Bananas.
2.3 Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (“dispatch confirmation”). The contract between us (“contract”) will only be formed when we send you the dispatch confirmation.
2.4 The contract will relate only to those products whose dispatch we have confirmed in the dispatch confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate dispatch confirmation.
3.1 Delivery charges and estimated timescales are specified in Shipping Information and also when you place an order. Your order will be fulfilled by the delivery date set out in the dispatch confirmation or, if no date is specified, then within 30 days of the date of the dispatch confirmation, unless there are unforeseen factors beyond our reasonable control.
3.2 We make every effort to deliver the products within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Subject to clause 7.1, Joe Bananas shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.3 Risk of loss and damage to the products passes to you on the date when the products are delivered. Title to any products you order on the site shall pass to you on delivery of the products provided that we have processed and received payment in full for those products.
4.1 We take payment from your card at the time we dispatch your order. Products are subject to availability. In the event that we are unable to supply the products, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
4.2 The price you pay is the price displayed on this site at the time we receive your order except in cases of obvious error. While we try and ensure that all prices on the site are accurate, errors may occur. If we discover an error in the price of the products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. We are under no obligation to provide the products to you at an incorrect price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and unmistakable.
4. Payment can be made by credit card or Paypal.
4.5 All prices are shown in Australian and New Zealand dollars and include GST (where applicable) at the applicable current rates and include delivery charges, unless expressly stated otherwise (see Shipping Information for further details including any applicable delivery charges).
4.6 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch confirmation.
5. Returns, Cancellations and Substitutions
5.1 We offer a 21-day exchange policy. In the unlikely event that you receive faulty or damaged products, you may also return the products within 21 days (please refer to clause 7.1 and Shipping Information for further details).
5.2 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of the site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within the site is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this site. You further acknowledge that any other use of the material and content of this site is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
6.3 Unless otherwise indicated, copyright in the information on this web site is owned by Joe Bananas. All right reserved. Except for the purpose of a bona fide use of this site or as otherwise permitted by the Australian Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Joe Bananas.
7. Our Refunds Policy
7.1 When you return a product to us because you claim that the product is defective, we will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 28 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. You may also request a replacement (subject to availability) or a repair of the product (where possible).
7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8.1 Subject to Clause 8.3 below, we will use reasonable endeavours to verify the accuracy of any information on the site but make no representation or warranty regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site is free of viruses or bugs and Joe Bananas accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
8.2 This clause sets out our entire financial liability to you in respect of:
a) any breach of contract; and
b) any representation, statement or tortious act or omission (including negligence) arising under or in connection with our contract.
8.3 Nothing in this agreement shall limit or exclude our liability for:
a) death or personal injury resulting from negligence; or
b) fraud or fraudulent misrepresentation; or
c) any other liability which may not be lawfully excluded.
8.4 Without prejudice to clause 8.3, we shall not be liable to you, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
a) loss of profit; or
b) loss of goodwill; or
c) loss of business; or
d) special, indirect or consequential damage, suffered by you that arises under or in connection with this contract.
8.5 Subject to clause 8.3 Joe Bananas’ aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) you purchased.
8.6 This clause 8 does not affect your statutory rights as a consumer, nor does it affect your cancellation rights.
9. Miscellaneous Provisions
9.1 The contract between us shall be governed by the laws of Australia and any dispute between us will be resolved non-exclusively in the courts of Australia.
9.2 We have selected our products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose.
9.3 Joe Bananas shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
9.4 To provide increased value to our customers, we may provide links to other sites for you to access at your sole discretion. You acknowledge and agree that we are not responsible for the availability of such external sites, the content of those sites or for any use you may make of them.
9.5 You may not assign, sub-contract or transfer any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon beforehand in writing by Joe Bananas. We may transfer, assign, or sub-contract the benefit of the whole or part of any of our rights or obligations under these terms and conditions to any third party.
9.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other clauses of these terms and conditions shall not be affected.
9.7 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party to them.
9.8 No delay or failure by Joe Bananas to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Joe Bananas.
9.9 These terms and conditions including the documents referred to in them supersede all prior representations understandings and agreements between you and Joe Bananas relating to the use of the site (including the order of products) and sets forth the entire agreement and understanding between you and Joe Bananas for your use of the site.
9.10 When using the site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9.11 All notices given by you to us must be given to Joe Bananas at Joe Bananas, P.O. Box 373, Potts Point, NSW, Australia, 2011. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 9.10 above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
* Use or attempt to damage, interfere with or introduce anything (including a virus, robot, spider, scraper or automated means) to this website or any network or system underlying or connected to it for any purpose, or act in any other way that compromises this website, the delivery of the services, or any network or system underlying or connected to them;
* Use this website or any information or other material from this website, for any commercial purpose;
* Remove any copyright, trade mark or any other intellectual property notice from any material accessible on this website; or
* Copy, distribute, alter or tamper with in any way, or otherwise use, any material contained in this website (except as expressly permitted in these terms).
Bananas website is operated by:
Joe Bananas Pty Ltd Trading as Joe Bananas. Registered in Australia ABN: 43 052 004 734
We recommend you print out a copy of these terms and conditions for future reference.
If you have any questions regarding the Joe Bananas website, please see the home page for more information and full contact details.