Terms and Conditions
CONDITIONS OF SALE
In these Conditions of Sale: -
"Colourstrings Australia” refers to a trading name of S Djachenko & Y Djachenko, ABN 83 182 252 309;
'Goods" means goods ordered by the Purchaser from time to time under these Conditions of Sale;
'Price' means the purchase price of particular Goods as specified in Colourstrings Australia's current price list or lists;
"PPSA" means the Personal Property Securities Act 2009 (Cth.); and
"Purchaser" means the company or person purchasing the Goods under these Conditions of Sale.
Prices and price lists are subject to alteration or withdrawal without notice. Prices may be increased by the amount of any levies, taxes and duties applicable at any time. Unless specifically stated Prices and price lists do not include such levies, taxes and duties.
3. WEIGHTS AND DIMENSIONAL INFORMATION
Information provided on this website regarding the weights and sizes of books and CDs and any other product is indicative only. The Purchaser shall make note of the details of each product ordered and assess the suitability of the product for their intended purpose. In no case shall Colourstrings Australia be held responsible/liable if an ordered product is deemed unsuitable for its intended use.
Orders are taken, and promises for delivery given, conditionally upon Colourstrings Australia being able to secure the necessary stock and packaging materials, and without responsibility for delays arising through risks and uncertainties of manufacture, strikes, accidents, or other causes beyond Colourstrings Australia's control.
Orders can only be accepted subject to being invoiced at Prices ruling at the date of dispatch from Colourstrings Australia.
Colourstrings Australia reserves the right to refuse countermands, which cannot be accepted in the case of Goods ready for dispatch or for an exceptionally large order for which in turn required a special order of extra stock from our wholesaler and/or publisher suppliers.
The placing of any order by the Purchaser with Colourstrings Australia will amount to an acceptance by the Purchaser of Colourstrings Australia's offer of sale contained in these Conditions of Sale.
For delivery to a Purchaser whether in or outside of Australia, full payment must be made to Colourstrings Australia prior to despatch, unless the Purchaser is an established customer holding an account that is maintained in accordance with agreed credit terms.
Colourstrings Australia reserves the right to refuse any payments, whether by credit card or other means.
Deliveries are normally handled by Australia Post or an independent courier service. In no case shall Colourstrings Australia be held responsible for shipping delays or shipping service issues. Orders over 20kg will require splitting into multiple packages to obviate the need for two people to despatch or receive the item supplied by the Purchaser. Courier companies do not phone ahead and may specify delivery times as vague as between 8am to 5:30pm. Colourstrings Australia shall not be held responsible for and complications associated with accessibility or delivery address information provided by the Purchaser. Colourstrings Australia reserves the right to:
charge for delivery;
pass on to the Purchaser any charges incurred due to delays not of Colourstrings Australia's making at the time of delivery.
7. RETURNED GOODS
Colourstrings Australia may, at its sole discretion, accept returned Goods and replace those Goods or at its sole discretion provide credit no greater than the cost of the Goods at time of purchase if:
Goods are returned and claims for credit are made within 7 days of original despatch from Colourstrings Australia;
all returned Goods are accompanied by Colourstrings Australia's original invoice or original invoice number; and
all returned Goods are returned in the same condition in which they left Colourstrings Australia's premises
The Purchaser will pay Colourstrings Australia a handling fee (specified by Colourstrings Australia) for any returned Goods.
When any Goods are returned to and accepted by Colourstrings Australia, and payments for credit are made, title and property in the returned Goods will vest in Colourstrings Australia.
If Colourstrings Australia, at their sole discretion, decide to replace the goods, the goods shall be replaced by the equivalent or 'compatibly similar' goods to the returned goods, where 'compatibly similar' shall be defined solely by Colourstrings Australia. In such an event, the replacement goods shall be full and final settlement of Colourstrings Australia's obligations and no further claim shall be accepted on or associated with the returned goods or the items offered as replacement.
Offers for delivery of Goods from stock are made subject to Goods remaining unsold on receipt of an order from the Purchaser.
9. RISK AND TITLE
Risk in all Goods sold by Colourstrings Australia to the Purchaser passes to the Purchaser when such Goods are delivered to the Purchaser or into custody on the Purchaser's behalf but title and property in the Goods will be retained by Colourstrings Australia in accordance with the following provisions of this clause:
All Goods remain the property of Colourstrings Australia until any amount owing to Colourstrings Australia for the Goods, and any other amounts owing to Colourstrings Australia on any account whatsoever, are paid in full by the Purchaser.
If at any time prior to making payment to Colourstrings Australia in accordance with paragraph (a) the Goods are mixed with or affixed to products or material which is the property of a third party the mixed or affixed product will be deemed to be owned in common by Colourstrings Australia and the third party.
Until such time as title and property in the Goods pass to the Purchaser:
the Purchaser will store the Goods in a manner which makes them readily identifiable as Colourstrings Australia's goods and keep separate records of any further sales of the Goods:
the Purchaser will hold the Goods as bailee of Colourstrings Australia and a fiduciary relationship will exist between Colourstrings Australia and the Purchaser; and
if the Purchaser sells or otherwise disposes of the Goods it will be deemed to have done so as an agent of Colourstrings Australia and on the following terms:
the Purchaser must account to Colourstrings Australia for that part of the proceeds of the sale as is equal to the Price or Prices payable by the Purchaser to Colourstrings Australia in respect of such Goods; and
until the Purchaser pays Colourstrings Australia the Price or Prices payable for the Goods the proceeds of resale must be held in trust for Colourstrings Australia by the Purchaser and must be maintained by the Purchaser in a separate account.
10. PERSONAL PROPERTY SECURITIES ACT
This clause 10 will take effect on the commencement of the PPSA.
The Purchaser acknowledges and agrees:
that Colourstrings Australia may register on the Personal Property Securities Register ("PPS Register") a security interest or purchase money security interest ("PMSI") in the Goods, any other goods supplied by Colourstrings Australia to the Purchaser and any proceeds of the sale of such Goods or other goods (together the "Collateral") as security for the Purchaser's obligations to pay Colourstrings Australia for the Goods;
that it will reimburse Colourstrings Australia for all costs and expenses incurred by Colourstrings Australia in relation to registering, maintaining or releasing any financing statement or financing change statement (each as defined in the PPSA) in respect of any security interest or PMSI under any agreement of which these Conditions of Sale form part; and
this clause will apply despite anything, express or implied, to the contrary contained in any purchase order (or its equivalent, however described) of the Purchaser.
The Purchaser undertakes:
promptly to do all things, sign any further documents and provide any further information (which information the Purchaser warrants to be complete, accurate and up-to-date in all respects) which Colourstrings Australia may reasonably require to enable Colourstrings Australia to perfect, and maintain the perfection of, its security interest or PMSI (including by registration of a financing statement or financing change statement on the PPS Register);
not to register a financing statement or financing change statement in respect of the Collateral without Colourstrings Australia's prior written consent; and
to give Colourstrings Australia no less than 14 days' prior written notice of any proposed change in the Purchaser's name or any other change in the Purchaser's details (including, but not limited to, changes in its postal and physical address, email address, facsimile number or trading name).
The Purchaser waives its right to receive a copy of any financing statement or any financing change statement relating to the security interest or PMSI.
The Purchaser agrees that pursuant to section 115(1) of the PPSA and to the maximum extent permitted by law the Purchaser waives its rights and, with Colourstrings Australia's agreement, contracts out of sections 95, 125, 128(2),(4) and (6), 129(2) and (3), 130, 132(3)(d), 132(4) and 135 of the PPSA in so far as the Collateral is predominately used for or relates to personal, domestic or household purposes.
11. PURCHASER INSOLVENCY
any step is taken:
to appoint a receiver, receiver and manager, official manager, controller, liquidator, provisional liquidator, administrator or other like person of the whole or any part of the Purchaser's assets, undertaking or business
by a mortgagee or chargee to enforce a security held in respect of the whole or any part of the Purchaser's assets, undertaking or business; or
to enter into any scheme of arrangement between the Purchaser and its creditors:
the Purchaser becomes insolvent or is otherwise unable to pay its debts as and when they become due or,
if an individual, commits an act of bankruptcy:
the Purchaser ceases or threatens to cease carrying on business;
payment is overdue in whole or in part; or
Colourstrings Australia is unable automatically to debit the Purchaser's credit card in respect of any payment,
Colourstrings Australia may forthwith terminate any contract or order of which these Conditions of Sale form part and the Purchaser also grants an irrevocable licence to Colourstrings Australia and/or its agents to enter upon the Purchaser's land and premises and any sites upon which the Purchaser is working or has stored Colourstrings Australia's Goods for the purpose of recovery of those Goods.
Colourstrings Australia acknowledges that certain legislation in Australia, including the Australian Consumer Law, provides consumers (as defined in the Australian Consumer Law) with guarantees and rights which cannot be excluded, restricted or modified or which may in certain cases only be modified or restricted to a limited extent. Nothing in these Conditions of Sale excludes, restricts or modifies, or is intended to exclude, restrict or modify, any guarantee, condition, warranty, right or liability implied by law (including any guarantee, condition, right or liability imposed under the Australian Consumer Law) which cannot lawfully be excluded, restricted or modified.
To the extent permitted by the Australian Consumer Law, Colourstrings Australia's liability for goods or services supplied under a contract for the supply of goods or services to a consumer (a Consumer Contract) that are not of a kind ordinarily acquired for personal, domestic or household use or consumption is limited, at Colourstrings Australia's option, to any one or more of the following:
in the case of goods, the replacement, repair or payment of the costs of replacement or repair of the goods; and
in the case of services, supplying the services again or payment of the cost of having the services supplied again.
In the case of goods or services which are not supplied by Colourstrings Australia under a Consumer Contract:
Colourstrings Australia accepts no liability for any economic, indirect or consequential loss, including loss of profit or business: and
Colourstrings Australia's maximum aggregate liability for any cause and under any head of liability will not in any circumstances exceed the price or prices paid by the Purchaser for those goods and services.
These Conditions of Sale describe the full extent of Colourstrings Australia's obligations and liabilities in- respect of the Goods and, except as expressly stated or referred to in these Conditions of Sale, there are no guarantees, conditions, warranties or other terms that bind Colourstrings Australia nor will Colourstrings Australia otherwise be liable in contract, tort (including negligence) or for breach of statutory duty for any loss, damage, cost or expense of any kind.
13. COMPLIANCE WITH DIRECTIONS