Terms & Conditions
WEBSITE TERMS AND
CONDITIONS OF TRADE OF S SHIM & E SHIN, TRADING AS ACEMUM
These
Terms and Conditions constitute a legally binding contract between
the customer (“you”) and S SHIM & E SHIN (“ACEMUM”) and
apply to the ordering, purchase, fulfilment and delivery of goods
and/or services (“Goods”) from www.acemum.com.au. By placing an
order for Goods from ACEMUM you agree to these Terms and
Conditions.
For the purposes of section 28B of the Fair
Trading Act 1986, ACEMUM is a “person in trade”.
Please
read the following Terms and Conditions carefully before placing your
order. The Terms and Conditions contain important information about
the ordering, processing, fulfilment and delivery of Goods
1.
DEFINITIONS
In these Terms and Conditions:
“Additional
Delivery Charge” has the meaning given in Section 3.4;
“Delivery
Charge” has the meaning given in Section 3.3;
“Order”
means an order for Goods, placed on the Website;
“Recipient”
means the recipient of an order of Goods place by you, other than
you
“Website” means www.acemum.com.au.
“Working
Day” means any day other than Saturday, Sunday or public holiday in
Australia.
2. YOUR LEGAL RIGHTS
Your purchase of
Goods will be subject to certain laws including, without limitation,
the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
Nothing in these Terms and Conditions shall be read or applied so as
to exclude, restrict or modify or have the effect of excluding,
restricting or modifying any condition, warranty, guarantee, right or
remedy implied by law (including the Consumer Guarantees Act) which
cannot by law be excluded, restricted or modified.
3.
PRICING & TAXES
3.1 Prices for
Goods are as shown on the Website.
3.2
ACEMUM reserves the right to change the prices of Goods at any time
without notice to you. The price displayed at the time that you place
your Order will continue to apply to you even if the price changes
before your Order is accepted by ACEMUM.
3.3
In addition to the price for the Goods, you will also need to pay the
advertised Delivery Charge (if any). Any Delivery Charge will appear
in your shopping cart.
3.4 In addition
to the price for the Goods and the Delivery Charge (if any) you may
also need to pay any additional delivery charges which are not shown
in your shopping cart but which we incur because you live or the
Recipient lives in an area outside of the usual range of our chosen
delivery agent (“Additional Delivery Charge”). Such charges may
apply even where the item is shown on the Website as having “free
delivery”, “free freight” or something similar. If you believe
that you or the Recipient might live in such an area, you can email
Customer Service via http://www.acemum.com.au/index.php?route=information/contact for more
information
3.5 By placing an Order
you agree to pay the price for the Goods, any Delivery Charge and any
Additional Delivery Charge.
3.6 All
prices and Delivery Charges and Additional Delivery Charges quoted
are in Australia dollars and are inclusive of GST.
4.
ORDERS
4.1 You can place an Order by following the
instructions on our website.
4.2
An Order submitted by you is an offer by you to purchase the Goods
for the price plus the Delivery Charge as shown at the time of
submission of your Order and any applicable Additional Delivery
Charge or International Delivery Charge. ACEMUM may
accept or reject your offer in its absolute discretion. In
particular, but without limitation, ACEMUM may
reject Orders for commercial quantities of Goods. If you wish to
order commercial quantities of Goods please contact kyle.s.shim@gmail.com.
4.3 Each Order that you place is
considered an offer and will, if accepted by ACEMUM
through delivery of goods, be a separate and binding agreement
between you and ACEMUM with respect to the supply of
the relevant Goods, in accordance with these Terms and
Conditions.
4.4 If you place an Order for someone else to
receive the Goods you must obtain their consent before providing
ACEMUM with their personal information and, by
placing an Order, you confirm to ACEMUM that you
have done this.
4.5 Please ensure that you enter all
information carefully when placing an Order. You warrant to
ACEMUM that all information provided by you in
relation to each Order is complete, true and accurate.
4.6
Please check your Order carefully (including the quantities ordered)
before submitting it as Orders may not be able to be changed or
cancelled once the Order has been accepted by ACEMUM. ACEMUM will use reasonable endeavours to
cancel or change the Order if it has not already been shipped but
makes no representation that it will be able to do this.
4.7
Except to the extent otherwise required by law (including, without
limitation, the Australian Consumer Law), ACEMUM
will not be liable to you, or any other person, for any loss, damage,
cost or expense suffered as a direct or indirect result of your Order
information being incomplete or inaccurate or as a result of being
unable to change or cancel your Order once it has been accepted by
ACEMUM, whether in contract, negligence or any other
tort, equity, restitution, strict liability, under statute or
otherwise at all.
4.8 Where you place separate Orders the
Goods will be delivered separately and a separate Delivery Charge
(and Additional Delivery Charge/ International Delivery Charge if
applicable) will apply to each Order. ACEMUM cannot
consolidate separate Orders into one delivery.
4.9 Where you
order more than one item in one Order, all Goods for which your Order
is accepted at the same time will be dispatched together where
practicable. However, in some cases Goods may be dispatched
separately, for example: in order to ensure that you receive each of
the Goods as promptly as possible; where the goods are being
dispatched from different locations; or where the Goods are of
different types (e.g a mixture of hardware and software).
4.10
You acknowledge that all Goods that you Order are intended for
personal, domestic, non-commercial use only.
4.11 The internet
can be an unstable, and sometimes insecure, marketplace. At times the
facility to place Orders may not be available, your Order might not
be received, your Order may be lost or misdirected, or your Order
might be delayed.
4.12 You must take your own precautions to
ensure that the process which you employ for accessing the Website
does not expose you to risk of viruses, malicious computer code or
other forms of interference which may damage your computer system and
contains appropriate protection to prevent damage to your computer
system caused by viruses, malicious computer code or other forms of
interference.
4.13 Except to the extent otherwise required by
law (including, without limitation, the Australian Consumer Law),
ACEMUM will not be liable to you, or any other
person, for any loss, damage, cost or expense arising out of or in
connection with of any of the events set out in Section 5.13 or
arising out of or in connection with you accessing the Website,
whether in contract, negligence or any other tort, equity,
restitution, strict liability, under statute or otherwise at all.
5.
AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT
5.1
If ACEMUM is unable to fulfil your Order we will contact you
cancelling your Order as soon as practicable, and will refund any
payment received by ACEMUM for the Order.
5.2
When ACEMUM accepts an Order it represents an agreement by ACEMUM to
supply the Goods to you or the Recipient in accordance with your
Order subject to receiving payment from you and subject to these
Terms and Conditions.
5.3 You must pay
for Goods by credit card (Visa or Mastercard), or debit card. The
name on the credit card/debit card must match the name on the Order.
By providing your credit card/payment card you authorise ACEMUM to
deduct the price and the applicable delivery charge(s) from such
card.
5.4 ACEMUM reserves the right to
change the payment methods that can be used for Orders at any time in
its absolute discretion.
5.5 ACEMUM
may not be able to, or may decline to, accept payment from you by
your nominated payment method at any time for any reason including,
without limitation: (a) where our fraud detection systems detect
possible irregularities; (b) because your financial institution has
declined payment; or (c) because your payment card has expired. Where
this is the case, your Order will be placed on hold and ACEMUM will
contact you to ask you to provide additional information (for
example, proof of identity documents) or arrange payment by another
method. If you are unable to comply with ACEMUM’s requests within
the timescale specified, ACEMUM may cancel your Order.
5.6
Goods that you have ordered will not be dispatched to you or the
Recipient until your payment for the Goods has cleared. If your
payment cannot be processed, your Order will be rejected and we will
notify you by email.
6. CANCELLATION OF ORDERS
6.1
ACEMUM reserves the right to cancel, at any time before delivery and
for whatever reason, an Order that it has previously accepted. ACEMUM
may do this for example, but without limitation, where:
(a)
ACEMUM’ suppliers are unable to supply Goods that they have
previously promised to supply;
(b) an
event beyond ACEMUM’ control, such as storm, fire, flood,
earthquake, terrorism, power failure, war, strike or failure of
computer systems, means that ACEMUM is unable to supply the Goods
within a reasonable time;
(c)
Goods ordered were subject to an error on the Website, for example,
in relation to a description, price or image, which was not
discovered prior to the Order being accepted;
(d)
you ask ACEMUM to cancel your Order in accordance with section 4.5;
or
(e) in the circumstances set
out in section 5.8.
6.2 You may cancel
your Order where ACEMUM:
(a) has
breached a material term of this Agreement;
(b)
is not able to deliver your Order within a reasonable time of the
estimated delivery time advertised on the Website or as set out in
these Terms and Conditions, other than a result of any delay: (i) for
which you or the Recipient are wholly or partly responsible such as a
failure to provide the correct delivery address or to pay for the
Goods; (ii) which was outside ACEMUM’s control including the
situations set out in Sections 6.1(a) and (b) above;
6.3
In the unlikely event of ACEMUM or you cancelling your Order after
payment has been processed, ACEMUM will refund any money paid in
respect of that Order. Section 10 of these Terms and Conditions sets
out further information about refunds.
6.4
Except to the extent otherwise required by law (including, without
limitation, the Consumer Guarantees Act and the Fair Trading Act) or
as expressly set out in these terms and conditions, ACEMUM will not
be liable to you, or any other person, for any loss, damage, cost or
expense suffered as a direct or indirect result of cancellation of
your Order, whether in contract, negligence or any other tort,
equity, restitution, strict liability, under statute or otherwise at
all.
7. AVAILABILITY OF GOODS
7.1
As ACEMUM is dependent upon its Suppliers to provide stock, ACEMUM
cannot guarantee availability at all times. You acknowledge and agree
that, from time to time, certain Goods may be out of stock or
unavailable. ACEMUM reserves the right to withdraw or suspend from
sale any Goods displayed on the Website, either temporarily or
permanently, at any time without notice to you. Except to the extent
otherwise required by law (including, without limitation, the
Consumer Guarantees Act and the Fair Trading Act), ACEMUM will not be
liable to you, or any other person, for any loss, damage, cost or
expense suffered as a direct or indirect result of the unavailability
of any Goods at any time, whether in contract, negligence or any
other tort, equity, restitution, strict liability, under statute or
otherwise at all.
8. DELIVERY
8.1
Once ACEMUM has confirmed acceptance of your Order, ACEMUM will
endeavour to dispatch your Order on the same day (provided that your
Order has been placed before the “same day delivery” time
specified on our website on a Working Day). If your Order is not
placed prior to the “same day delivery” time specified on our
website, ACEMUM will endeavour to dispatch your Order the next
Working Day, but at the latest within three (3) Working Days unless a
different time frame is specified in relation to any particular
Goods. If ACEMUM is unable to dispatch your order within the
timeframe specified, ACEMUM will endeavour to contact you and advise
you of the expected date for dispatch.
8.2
You may specify delivery instructions for any order (for example, you
may authorise the delivery agent to leave the Goods in a specified
location if you or the Recipient will not be at the delivery
address). ACEMUM will not be responsible for any Order that is
delivered in accordance with your delivery instructions.
8.3
Risk and title in Goods passes to you on the date and time of
delivery of the Goods to the delivery address provided in your
Order.
8.4 Goods will only be
delivered to addresses within Australia.
8.5
ACEMUM may, in its absolute discretion, agree to accept Orders for
delivery outside Australia but is under no obligation to do
so.
8.6 Following dispatch of your
Goods, ACEMUM will email you with confirmation of dispatch and an
invoice for your Order.
8.7 If you or
the Recipient are not available to take delivery of the Goods, the
Goods will be left in a safe place at the delivery address, and a
calling card will be left at the address. If, in the reasonable
opinion of our delivery personnel, there is not a safe place to leave
the Goods, then the Goods will be returned to ACEMUM, and we will
contact you to organise re-delivery.
8.8
If you require Goods that you have ordered to be re-directed to an
address which is not the original Order address ACEMUM may charge you
a reasonable fee for doing this.
9. REFUNDS OF YOUR
MONEY
9.1 Where ACEMUM is obliged
to refund your payment pursuant to these Terms and Conditions, ACEMUM
aims to initiate your refund within 3-5 Working Days. The additional
time that it takes for you to actually receive your refund will
depend upon how quickly your financial institution processes the
refund.
9.2 Except to the extent
otherwise required by law (including, without limitation, the
Consumer Guarantees Act and the Fair Trading Act), ACEMUM will not be
liable to you, or any other person, for any loss, damage, cost or
expense suffered as a direct or indirect result of any delay in you
receiving any refund due to you, whether in contract, negligence or
any other tort, equity, restitution, strict liability, under statute
or otherwise at all.
10. RETURNS / FAULTY OR DAMAGED
GOODS
10.1 You should check your Goods as soon
as they are delivered to you in order to ensure that: (i) they are
what you ordered; and (ii) they are not damaged or faulty. If this is
not the case you should contact ACEMUM within 24 hours of delivery to
arrange for an exchange.
10.2 When returning
Goods:
(a) please ensure that
they are in their original packaging or wrapping, and in a condition
suitable for re-sale by ACEMUM;
(b)
ACEMUM may, in its sole discretion, levy a restocking fee (of up to
15% of the invoiced price) in ACEMUM’s sole discretion. ACEMUM
shall not be obliged to accept the return of any Goods, until such
restocking fee has been paid by you.
10.3 You are
not entitled to any refund or exchange just because any packaging is
damaged in transit.
10.4 Any returned Goods will
be paid solely at ACEMUM’s discretion, and will be made in the form
of the original payment method used to pay for the Goods by you.
ACEMUM may, in its sole discretion, deduct a restocking fee from the
amount of any refund owing to you.
11. MORE INFORMATION
ABOUT ACEMUM’ LIABILITY TO YOU
11.1 To the
full extent permitted at law, ACEMUM is not liable for any loss of
profit, loss of revenue, loss of business, loss of bargain, loss of
savings, loss of data, loss or goodwill, loss of reputation, the cost
of obtaining replacement or alternative goods or the cost of other
remedial measures, or for any indirect or consequential loss arising
in connection with any Order.
12. PRIVACY
12.1
ACEMUM policy on the collection, use and disclosure of customers’
personal information is set out in its Privacy Policy which forms
part of these Terms and Conditions
13. GENERAL
13.1
ACEMUM reserves the right to amend these Terms and Conditions at any
time. Any amendment will take effect from the time that it appears on
the Website. The Terms and Conditions which apply at the time that
you place your Order are the Terms and Conditions which will apply to
your Order.
13.2 Any provision in this agreement
which is invalid or unenforceable in any jurisdiction is to be read
down for the purpose of that jurisdiction, if possible, so as to be
valid and enforceable, and otherwise shall be severed to the extent
of the invalidity or unenforceability, without affecting the
remaining provisions of this agreement or affecting the validity or
enforceability of that provision in any other jurisdiction.
13.3
These Terms and Conditions are governed by the laws of Australia.