1. THIS AGREEMENT Thanks for taking the time to read our terms and conditions (Agreement), we are Shym Solutions Pty Ltd ACN 643 148 725 (Shym Saunas and Spas, we, our, us, and other similar terms). These terms govern the purchase of goods from us online or via any other means. It also addresses certain obligations regarding your access to, and your use of our website. When we refer to you (you, your and other similar terms) we mean the person or entity purchasing goods from us or otherwise using the website. By purchasing goods from us or using our website, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to purchase goods from us or continue to use our website. It is your obligation to ensure that you have read, understood, and agree to the most recent terms published by us from time to time. Please email us at art@shymsaunas.com.au if you have any questions relating to this Agreement. 2. DISCLAIMER You acknowledge goods for sale via our online store may not be held in stock and may need to be sourced from suppliers within Australia or throughout the world. If in doubt, please feel free to contact us via the details on our Contact Page. 3. MAKING PURCHASES You acknowledge and agree that to purchase goods from us, you may be required to provide us with Personal Information. You agree to provide any information reasonably requested by us for the purpose of making the purchase. You warrant that all of the information you provide to us is accurate and complete in all respects and you will not provide false or misleading information. 4. ORDERS, DELIVERY AND REFUNDS 4.1 Placing orders Prices for products presented on this website are provided as an invitation to treat. The final price of the products you purchase is calculated at checkout or on a manually generated invoice and may include additional costs such as taxes, delivery charges, and insurance. Many of the goods for sale on our website require us to manually calculate shipping costs. You acknowledge and agree that unless Shipping costs are included in the price, then you are required to collect the goods from our warehouse in Deloraine or Perth, Tasmania. Where you make payment via our website you are making an offer to us on the terms and conditions set out in this Agreement. We are under no obligation to accept an offer. Acceptance of your offer is deemed once we process your payment. Where goods are not held in stock, we have to place a special order for the product you wish to purchase. Acceptance will be deemed once we confirm your shipment with our suppliers or fulfillment centers and notify you. 4.2 Payment In purchasing products from us, you agree to abide by the terms and conditions imposed by your financial institution (including buy now pay later providers) and pay the amounts in relation to the transactions you authorise. While we use only reputable payment gateway providers, we are not liable for any act or omission of the provider you choose to use. You are responsible for the payment of any goods and services, or value-added taxes which are presented to you at the time of making an order. We reserve the right to require the payment of a deposit before making any special order, holding goods, or arranging for delivery. Once paid the deposit is non-refundable other than in accordance with the Australian Consumer Law. 4.3 Delivery Unless shipping costs are included on our invoice to you, then you are required to collect the goods from our warehouse in Deloraine or Perth, Tasmania. This clause applies where shipping is included. We endeavor to deliver the products you purchase in accordance with our delivery information details to you and if not specified then within a reasonable time considering the size, shape, and availability of the goods you purchase. However, delays may occur in our delivery and fulfillment services from time to time. Should you encounter a delay you can contact us via the details on our Contact Page so we can investigate the reasons. Risk in the Goods passes to you immediately upon us making the goods available for pickup by your or the delivery service provider at our warehouse in Deloraine or Perth, Tasmania. Title passes to you on final payment of the fees. You acknowledge and agree we are under no obligation to make goods available to you or any delivery service provider until we have received full payment for the goods and any services we arrange on your behalf. 4.4 Products may not be available You acknowledge the products advertised via the website may be unique, available in low stock volumes, or temporarily unavailable. If we are unable to fulfill an order, we will contact you and reimburse you for the cost of that product. 4.5 Gift cards, coupons and discounts From time to time and at our sole discretion we may make available to you the use of coupons and redeemable gift cards. Coupon codes and gift cards are redeemable when you place your order and on the conditions upon which those discount codes and gift cards were offered. 4.6 Refunds and defects We provide refunds in accordance with the Australian Consumer Law. 5. PRIVACY When we talk about Personal Information, we mean information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form (Personal Information). You agree and consent to the handling of Personal Information in accordance with our Privacy Policy. We may amend our privacy policy at our sole discretion. If we amend our privacy policy, we will post it on our website. 6. USE OF THE WEBSITE 6.1 Third-party infrastructure and processing You acknowledge that our website may be operated from servers owned and controlled by a third party, and its operations rely on third-party services, like those provided by payment gateway providers. As such, you acknowledge that certain functions are out of our control, including data storage and payment processing. You agree we are not liable for faults in the services provided by third parties (GPay, Afterpay and the like) with whom you have a separate Agreement. 6.2 Errors, updates and downtime You acknowledge and agree that there may be technical or administrative errors in the information on the website, including but not limited to errors with respect to product description, pricing, and availability. From time to time, without notice, access to all or part of the website may be disrupted or limited. During such an interruption, we will use reasonable endeavors to restore access to the website as soon as practicable. We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove products from, redesign, improve or otherwise alter the website at our sole and absolute discretion. 6.3 Security Responsibilities We will take reasonable steps to ensure that the website is secure from unauthorised access and consistent with generally accepted industry standards. This includes implementing SSL encryption for passing payment details to the payment gateway provider. 7. INTELLECTUAL PROPERTY When we talk about Intellectual Property we mean all present and future rights conferred by statute, common law, or equity (and all moral rights) in or in relation to business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, inventions, know-how, patents, trademarks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right (Intellectual Property). We own or have a license to use all the Intellectual Property on the website and our YouTube channel. You warrant that you will not do any of the following, or permit any person over whom you have effective control to do so: a. copy or reproduce, or create an adaptation or translation of, all or part of the website in any way, except to the extent that reproduction occurs automatically through the ordinary use of the website; b. incorporate all or part of the website in any other webpage, site, application, or other digital or non-digital format; or c. sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the website on any medium. 8. WARRANTIES References to non-excludable conditions in this Agreement mean any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded (Non-Excludable Condition). You warrant you are over the age of 18, have the requisite authority to enter into this Agreement and have authority to use the payment method you select. We warrant the products are free from material defects, fit for their intended purpose, are of merchantable quality, meet the description of the product as set out on the website, and are delivered free of liens or encumbrances. Subject to the Non-Excludable Conditions, all other conditions and warranties, statutory or otherwise and whether express or implied, are hereby excluded, and no guarantees apply, other than that expressly contained in this Agreement. 9. LIABILITY 9.1 Exclusion of liability Subject to the Non-Excludable Condition and to the maximum extent permissible by law, we exclude all liability for any losses, including consequential loss, suffered or incurred directly or indirectly by you in connection with this Agreement, including: a. the website being inaccessible for any reason; b. the use of products for a purpose they were not intended to be used; c. your failure to follow any installation instructions provided with the goods; d. any damage to the goods caused by you or third parties you engage to install the goods; e. your failure to comply with any State, Territory or Commonwealth laws associated with the use and installation of the goods; f. any negligent act performed by you connected with the website or the goods; or g. your breach of this Agreement. 9.2 Limitation of Liability Where a Non-Excludable Condition is deemed to apply, to the fullest extent possible under the law, we limit our liability for any breach to: a. in the case of goods, the re-supply of the goods or payment of the cost of the re-supply of the goods or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and b. in the case of services, the resupply of the services or the payment of the cost of having the services resupplied. 10. INDEMNITY You indemnify us, including our directors, employees, contractors, agents, subsidiaries, and related bodies corporate against all costs suffered or incurred, however, caused, arising wholly or partially, directly or indirectly, in connection with this Agreement or your use of the website, including any costs arising from: a. your breach of this Agreement; b. our collection activities in relation to a debt you have to us; c. your failure to comply with any State, Territory, or Commonwealth laws associated with the use and installation of the goods; d. your infringement of any Intellectual Property and our costs of protecting those rights; or e. any harm to, claim, or action by a third party arising directly or indirectly from your use of the website or goods you purchase. 11. TERMINATION We may end this Agreement immediately if in our reasonable opinion you are in breach of this Agreement or the goods you purchase become temporarily or permanently unavailable from our supplier. If we terminate this Agreement, we will refund you any money paid to us for goods that you have not received. 12. GENERAL Assignment - We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent. Entire Agreement - This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect. Event of Force Majeure - means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code. The parties' obligations, other than an obligation to pay money, under this Agreement are suspended for the duration of and to the extent they are affected by an Event of Force Majeure. We may end this Agreement and refund the cost of any products you purchase from us if the Event of Force Majeure continues for more than 30 days. Governing law - The laws of Tasmania, Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there. Notices - The parties agree all notices, disclosures, and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement that we send to you will be sent to you via the email address provided to us by you. By accepting these terms, you give your consent to receive communications from us by email. Your notices to us should be directed to art@shymsaunas.com.au or sent via the facilities made available to you on our Contact Page. Severability - Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable unless this would materially change its intended effect. Variations to this Agreement - We may vary this Agreement at any time by posting the new terms and conditions on our website.
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