CHINESE DIGITAL MEDIA PTY LTD
ABN 15 158 146 242
TERMS AND CONDITIONS
Order and formation of Contract
Availability and Cancellation
Australian Consumer Law
Faulty Product Returns
Disclaimer and liability
Mediation and dispute resolution
Definitions and interpretation
1.1 This website (Site) is operated by Chinese Digital Media Pty Ltd ABN 15 158 146 242. Throughout these Terms and Conditions (Terms), the terms “we”, “us”, “our” and “Crazyasia” refer to Chinese Digital Media Pty Ltd. Chinese Digital Media offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1.2 By purchasing our Products, you engage in our Service and agree to be bound by the following Terms and Conditions (Terms), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms supplement and incorporate the legal terms of our payment service providers. Your purchase from us indicates that you have read, accepted and will comply with these Terms and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, then you must not purchase from us.
1.3 Any new features or tools which are added to the current Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
2. ORDER AND FORMATION OF CONTRACT
2.1 You may place an order for a Product or Products as set out on the Site. When making an Order, you must follow the instructions on the Site as to how to place your Order and for making changes to your order before you submit the Order.
2.2 Once you select a Product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including GST and any other charges.
2.3 Unless otherwise stated all charges are in Australian Dollars.
2.4 You must pay for the Order by one of the payment methods we provide on the Site. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase, or any other third party payment services provider. As above, these Terms supplement and incorporate the terms of our third party payment service providers. You must not pay, or attempt to pay, for an Order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.
2.5 You agree to provide current, complete and accurate information for all purchases made on our Site. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
2.6 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact our Customer Service Team by emailing firstname.lastname@example.org. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
2.7 You will receive from us a Confirmation of Order by email shortly after you have placed your Order. The Contract between us for the purchase of the Products will not be formed until you receive an Order Complete Email confirmation from us. A binding agreement comes into existence between you and us once we provide you with an Order Complete Email. No changes to these Sales Terms will be effective unless we both agree to the changes in writing.
2.8 We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
3. AVAILABILITY AND CANCELLATION
3.1 All purchases made with us are subject to availability. We do our best to keep in stock most Products and to keep the Site up to date with the availability of our Products.
3.2 We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:
(a) unavailability of stock, or we may offer you or a store credit or an alternative Product (in which case we can, if necessary, require you to re-submit your Order); and
(b) we suspect that you might on sell the Products to other consumers.
3.3 Until the time when we provide you with an Order Complete Email, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.
3.4 If you wish to cancel your Order, please contact our Customer Service Team by emailing email@example.com. No cancellation fees will apply. Once an Order has been processed and you have received an Order Complete Email, the Order cannot be cancelled and the item must instead be returned to us in accordance with our Faulty Product Returns or Other Returns clauses.
3.5 We reserve the right, but are not obligated, to limit the sales of the Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer.
4.1 We aim to deliver Products to you at the place of delivery requested by you within the time indicated by us at the time of your Order, but any delivery times we provide are an estimate only. We usually dispatch your Order within one Business Day of the Order being received by us.
4.2 We will try to let you know if we expect to be unable to meet our estimated delivery date, 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 delivery.
4.3 You may grant us an ‘authority to leave’ when placing your Order. If you do, you understand and agree that this authority to leave gives us and/or our couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge’s desk, or as per your instructions – of the delivery address without obtaining a signature confirming delivery at the delivery location. In these circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfers to you on delivery.
4.4 By ordering a Product to an address you are indicating that you will be able to receive a delivery there within a reasonable time frame. If you are not able to receive a delivery, the couriers may provide instructions on re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) no longer make the Product available for delivery or collection and notify you that we are cancelling the applicable Order, in which case we will refund to you, your credit or debit card company or other payment method as applicable any money paid to us, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for above).
4.5 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
4.6 Unless otherwise specified by you, all risk in the Product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
4.7 You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
5. AUSTRALIAN CONSUMER LAW
5.1 ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
5.2 Goods & Services: If you are a consumer as defined in the ACL, the following notice applies to you: “Our Products and Services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. You are also entitled to have Services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure.”
5.3 Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for Products provided to a person or entity defined as a “consumer” under the ACL is governed solely by the ACL and these Sales Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
6. FAULTY PRODUCT RETURNS
6.1 We aim to provide you with Products of the highest standard and quality. If you have received a Product with a defect, please contact our Customer Service Team by emailing within seven days of receipt so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.
6.2 If the Product is confirmed to have a defect, we will replace the Product or refund the price of the Product to your original payment method at your request. If the Product is found not to have a defect or deemed out of warranty, we will ship the Product back to you.
6.3 It does not constitute a defect, if in our reasonable opinion, the Product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
6.4 We will not be able to refund any delivery fees that you have paid at purchase to have the Product shipped to you, unless the Product is faulty.
7. OTHER RETURNS
7.1 In addition to your rights in relation to faulty Products in clauses 5 and 6, if you are unhappy with any Product, please contact our Customer Service Team by emailing within seven days of receipt so we can help resolve the problem as swiftly as possible.
7.2 We will not be able to refund any delivery fees that you have paid at purchase to have the Product shipped to you, unless the Product is faulty.
7.3 Nothing in this clause is intended to exclude any of your statutory rights as a consumer under Australian Consumer Law.
8. DISCLAIMER AND LIABILITY
8.1 This clause prevails over all other clauses, and, to the extent permitted by law, states our entire Liability, and your sole and exclusive remedies, for:
(a) the performance, non-performance, purported performance or delay in performance of these Terms or a Contract or the Site or the Service (or any part of it or them); or
(b) otherwise in relation to these Terms or the entering into or performance of these Terms.
8.2 Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability for:
(b) death or personal injury caused by our Breach of Duty;
(c) any breach of the obligations implied by law; or
(d) any other Liability which cannot be excluded or limited by applicable law.
8.3 In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.
8.4 Subject to clause 8.3:
(a) To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site;
(b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
(c) You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
(d) It is your responsibility to ensure that Products purchased are sufficient and suitable for your purposes and for your child and meet your or your child’s individual requirements, including if you or your child has any allergies to any specific material or ingredient. If you are purchasing a Product as a gift, you are responsible for ensuring that the Product meets the gift recipient’s needs. We do not warrant that the Products will meet individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
(e) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms.
(f) To the extent permitted by law in no event shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data – whether based in contract, tort (including negligence), strict liability or otherwise – arising out of or in connection with your access to, or use of, or inability to use or access this Site, the Service, any Products and these Terms. (g) In no case shall Crazyasia be liable for any other claim related in any way to your use of the Service or any Products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
(h) We do not bear any responsibility for any errors, omissions, defamatory, offensive or illegal conduct of any user of the Site.
(i) We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
(j) We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
(k) You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.
(l) Our total Liability under any Contract shall in no circumstances exceed:
(i) in the case of Products, the replacement of the Products or the supply of equivalent Products, the repair of the Products, the payment of the cost of replacing the Products or of acquiring equivalent Products, or the payment of the cost of having the Products repaired; or
(ii) in the case of Services, the supplying of the Services again, or the payment of the cost of having the Services supplied again.
8.5 Some information about Products on the Site is based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
8.6 Incorrect or inappropriate use: Many of our Products come with usage guidance. This guidance must be followed. If we provide you with any usage guidance and you fail to use the Product in accordance with the usage guidance provided, we are not liable for any damage or loss caused. If a Product is marked as for use by a particular age group of child, we are not responsible if a child from a different age group uses the Product.
8.7 Materials and ingredients: Crazyasia makes every attempt to identify and source baby products utilising the highest quality materials and ingredients. Please see our Ingredients and Environmental Policy for further details. We also request our manufacturers and suppliers to clearly identify the content of any Product and any special usage instructions. However, there is a possibility that some manufacturers and suppliers could change the material or ingredient content of our Products without advance notice to us.
8.8 Some people and babies may have allergic reactions to certain ingredients or materials. Customers concerned with allergies or other special sensitivities are encouraged to consult a medical practitioner regarding the use of a Product, prior to using it.
8.9 Crazyasia is committed to product safety and care. Nevertheless, we cannot be responsible for allergic reactions that some people and babies may have due to special sensitivities to certain ingredients or materials and buyers are encouraged to carefully monitor the use of all baby products. Upon request, Crazyasia will provide additional information regarding Product ingredients and materials to shoppers with specific concerns or questions.
8.10 Appearance of Products: Due to photographic and screen limitations associated with the representation of Products, some actual Products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of Products are created or chosen by us for promotional purposes, and may not be an exact representation of the Products you receive.
8.11 Advice: Any suggestions we provide to you in relation to using our Products is a suggestion only. It is not intended to be advice specific for your situation or your child (if relevant) or a gift recipient if you are purchasing the Product as a gift. Suggestions are intended to be a general guide only and you are responsible for ensuring that a Product meets your needs. You agree that any information, insights or guidance contained in our Site or Products is not an attempt to practice medicine or provide medical advice. Any general guidance we provide not be used as a substitute for professional diagnosis and treatment. Any health information provided on our Site is provided simply for your convenience. The Site is intended for general information purposes only. Any guidance provided on the Site does not take into account personal circumstances. Guidance is not intended to be advice, it is not intended to be relied upon and it is not a substitute for professional medical advice based on personal circumstances.
8.12 As above, you are solely responsible for determining the suitability of any of the Services, and your reliance on any information that is provided to you through our Site is at your own risk.
9.1 You indemnify and hold us and our related entities, affiliates, and our and their respective partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
10. MEDIATION AND DISPUTE RESOLUTION
10.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Products, please contact us. If there is a dispute between the Parties in relation to these Sale Terms, the Parties agree to the following dispute resolution procedure:
The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
11.1 Entire agreement: These Terms contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms except as expressly stated in these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
11.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.
11.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
11.4 No waiver: No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.
11.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office.
11.6 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
11.7 Severability: If any provision of these Terms is held to be unlawful, void, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
11.8 Governing law: These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of Victoria and both parties hereby submit to the jurisdiction of the courts of Victoria.
11.9 Change of the Terms: We reserve the right, at our sole discretion, to update, change or replace any part of these Terms at any time. All amendments to these Terms will be posted online. It is your responsibility to check our website periodically for changes. However, continued use of the Site will be deemed to constitute acceptance of the new Terms.
11.10 Relationship of Parties: These Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
11.11 Product Usage: You understand how to keep safe of the grocery bag products. To avoid danger of suffocation, keep away from babies and children. Disinfect and wipe after use.
12. DEFINITIONS AND INTERPRETATION
In these Terms unless the contrary intention appears:
Breach of Duty means the breach of any
(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
Business Day means a day which is not a Saturday, Sunday or a public holiday in Sydney Australia;
Confirmation Of Order means our email or other correspondence with you, in which we acknowledge receipt of Order and provide you with an Order number;
Contract means the sale of goods agreement between you and us for the supply of Products you have ordered in accordance with these Terms;
Delivery means the process in clause 4 of these Terms;
Delivery Fee means any charges you are liable to have the Products delivered to the address provided by you;
GST means the Goods and Services Tax;
Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these Terms (and for the purposes of this definition, all references to these Terms shall be deemed to include any collateral contract);
Order means the order submitted by you to the Site to purchase Products from us;
Order Complete Email means our email or other correspondence with you, in which we confirm that your Order is complete and where we may confirm shipping details;
Product means any product offered for sale by us on our Site;
Service means by visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms;
Site means this website (www.grocerybag.com.au) operated by Chinese Digital Media Pty Ltd;
Terms means Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content;
Crazyasia means Chinese Digital Media (ABN 15 158 146 242) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.
(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
(c) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
(d) References to includes or including or like words or expressions shall mean without limitation.