Terms and Conditions – CleverStuff

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Terms and Conditions

Terms & Conditions Inc. Privacy Policy

Mighty Monkeys Pty Ltd t/a Cleverstuff Educational Toys
A.B.N. 70 600 726 412  

PRIVACY POLICY

CleverStuff Educational Supplies is the sole owner of the information collected at http://www.cleverstuff.com.au

Information is collected at various points on our web site.

In order to use all of the services provided users have to become members and complete the required Login and Registration Forms, supplying personal information.

Type of Information collected:

Contact information such as name, address, telephone numbers and email address are collected and stored. When users sign up and use a credit card, the credit card details are not stored. The details are transmitted electronically and discarded.

Information Use

Mighty Monkeys Pty Ltd t/a CleverStuff Educational Toys will not publish or display members’ contact or financial information. Further, CleverStuff Educational Toys will NOT provide a third party with contact details, including email addresses, at any time.

Communication

CleverStuff Educational Toys customers will be contacted directly by CleverStuff Educational Toys for a variety of service and/or marketing reasons. Such communication will include but is not limited to: Special Offers and Updates, Newsletter, Service Announcements and the like.

Such contact will be via normal email. It is the responsibility of  member to ensure that personal contact information, particularly the email address is kept current and valid.

Security

This web site takes every reasonable precaution to ensure privacy and to protect members information, particularly contact information and financial information. Where sensitive information such as financial information is requested (eg credit card details) , that information is encrypted and protected to the highest industry standard in common use – SSL.

We also do everything reasonable possible to protect members information in the off-line environment. Only senior and trusted employees ever get to see members sensitive information on an “as needs” basis in order to complete a particular task.

Returns Policy

Mighty Monkeys Pty Ltd t/a CleverStuff Educational Toys

A.B.N. 70 600 726 412 

Return goods policy

Whilst every effort is made by CleverStuff Educational Toys to ensure our goods and services conform to the highest standards of quality, we recognize that sometimes problems may occur. If there is a problem with your delivery we need to correct it as quickly as possible to save you any further inconvenience.

CleverStuff Educational Toys is under no obligation to accept goods for return (i.e. warranty, replacement or credit claim) and may refuse to at our discretion and without reason.

So that your request for return may be handled as efficiently as possible, we ask that you adhere to the following procedures at all times.

What you must do

  1. It is your responsibility to check the delivery (if applicable) before signing for delivery. Any discrepancy in the number of cartons received must be noted on the consignment there. The name of the person receiving the goods must be clearly legible at all times.
  2. It is your responsibility to check the goods to the invoice within 72 hours of delivery.
  3. Delicate items, must be inspected upon arrival to ensure they are intact.
  4. Any discrepancy, breakage, damage etc. must be notified to CleverStuff Educational Toys by phone, e-mail, or fax within 72 hours of receipt, quoting invoice number, goods code, date and reason. Failure to do so may result in the claim not being recognized.

Goods for Return

If CleverStuff Educational Toys agrees to accept goods, pursuant to the above paragraph/s, we may request that all freight/handling charges be paid for by you. You agree that approval or rejection for warranty claim, replacement or credit, can only be finalized once returned to CleverStuff Educational Toys for assessment.

The following reasons are not valid

  • Goods rendered un-saleable due to price marking and soiling of packaging or contents, within your premises or vehicle/s, other than a fault in manufacture.
  • Overstocking or deleting of goods.
  • Goods received and held for more them three days before claim request notification.
  • Unpackaged goods that left our warehouse with packaging.
  • Goods not accompanied by a proof of purchase.
  • Claims for damages or breakages on consignments that are sent with Australia Post or where freight insurance is not requested, or by your own freight carrier.
  • Goods purchased by you from CleverStuff Educational Toys over six months prior may be refused for claim.

Warranties

Where goods carry a manufactures guarantee or warrantee, the distributor, CleverStuff Educational Toys, will honor the claim under warranty only in accordance to the conditions of the said warranty or guarantee.

The warranty or guarantee is limited to repair in the first instance. Where repair is not possible, replacement is offered or, at our discretion, a credit to the buyer for the purchase price.

All claims under warranty or guarantee against material and/or manufacturing defects must be substantiated with the warranty card (where applicable), completed by the retailer and supported with proof of purchase.

The buyer will assume all responsibility for freight/handling or mailing charges to and from CleverStuff Educational Toys

CleverStuff Educational Toys reserves the right to accept or deny any claim under warranty until the item is inspected by us.

Exclusions to a Warranty Claim

a) Installation error, and/or causing operational faults.
b) Misuse, abuse, lack of maintenance, negligence to and/or accident.
c) Modifications of any kind, including but not limited to the removal of the electrical plug and/or damage or alteration to the electrical cable.
d) Consumer materials and moveable parts which are subject to wear and tear.
f) Parts that must be periodically replaced for normal maintenance of the good/s i.e. filter media e.g. sponge, cartridge, carbon etc.

Under no circumstances will loss or damage to property, physical injury, or financial loss be entertained.

Any repairs outside the warranty period (and only where possible) will be carried out at cost. This will require acceptance by you, in writing, prior to the item being repaired. The repair charge must be pre-paid prior to repair of goods and their return.

Whilst all care is taken, CleverStuff Educational Toys does not accept liability for any negligence we may have caused.

All goods must be used in strict accordance with the operating instructions.

Terms of Service

 

Mighty Monkeys Pty Ltd t/a CleverStuff Educational Toys

A.B.N. 70 600 726 412 

Terms & Conditions

  1. Pricing R.R.P and G.S.T
    All prices are subject to change without notice. Our price list should be used as a guide only. Prices are quoted before freight/handling, and charges are exclusive of 10% G.S.T. All goods are subject to Australian G.S.T regulation. Recommended retail prices are quoted as G.S.T. exclusive.
  2. Order acceptance and/or refusal.
    We may accept or decline, in whole or in part, an order from you. We may amend quantities ordered. We may substitute goods of a similar price and nature if agreed to, by you.
    Once an order is placed with us, it becomes binding from the moment we receive it, if cancelled due to "change of mind" a credit note will be issued for the amount of the order.
    Where orders include items that have been ordered in specifically for that order no cancellation of the order is possible. We accept no responsibility for orders placed or queries made by person/s that mislead us to believe they act on your behalf.
  3. Payment & credit terms.
    All invoices are payable prior to their dispatch from CleverStuff Educational Toys. Any approval by us to grant credit terms will be notified in writing to the applicant and must be strictly adhered to as per the terms granted.
  4. Your liability.
    You are liable to us for all goods charged to your account, until paid for in full.
  5. Ownership of goods.
    Ownership of goods passes to you at the time of payment. We remain the owner of all goods covered by an invoice until you have paid in full the invoice value of those goods.
  6. Payment methods.
    The applicant acknowledges that CleverStuff Educational Supplies Pty Ltd accepts payments by means of: Credit Card (visa, MasterCard), Cheque, or Direct Deposit.
    Credit card (visa, MasterCard) – All credit card payments are processed immediately and upon approval goods are shipped. All payment is to be made within 14 day of invoice date.
  7. Default account.
    We may re-take possession of any goods or associated charges, not paid for in full, by entering the applicants premises or vehicle/s without liability for trespass or any resulting damage. This includes those premises or vehicle/s of an associated company or agent where the goods are stored or displayed and where we believe there are reasonable grounds to expect that we may find goods in whole or in part, within. We may keep or re-sell these re-possessed goods at our discretion.
    If the applicant has sold or no longer possesses the goods and does not present payment on request from the supplier, we may take action against the applicant.
  8. Debt recovery, expenses and disbursements.
    You agree to pay all costs, commissions, and legal expenses whatsoever arising from the collection of any overdue monies. Such interest, costs and commissions and legal expenses may be recovered as a liquidated debt
  9. Reversal of discounts.
    Any discounts granted prior to payment may be revoked if payment is not received in full by the due date.
  10. Delivery of goods.
    A freight and handling fee is charged on invoice and is G.S.T applicable. The freight and handling fee may be changed without notice. The current fee/s chargeable may be confirmed with our office.
  11. Return of goods.
    CleverStuff Educational Toys is under no obligation to accept goods for return i.e. under warranty, replacement or credit claim, and may refuse to at our discretion and without reason. All goods and invoices must be checked on arrival. All shortages, incorrect or damaged goods, must be notified to us within 72 hours of receipt, otherwise claims will not be recognized. No claim for loss or damage will be entertained where the carrier was your own carrier, Australia post, or freight insurance was not requested by you. All freight/handling charges will be on account of the buyer unless otherwise waived by us. Where goods carry a manufacturer’s guarantee or warranty, the distributor, CleverStuff Educational Supplies Pty Ltd, will honor the claim under warranty only in accordance to the conditions of the said warranty or guarantee. The warranty or guarantee is limited to the repair in the first instance. Where repair is not possible, replacement is offered or, at our discretion, a credit to the buyer for the purchase price. All freight/handling charges will be on account of the buyer. Under no circumstances will loss of or damage to property, physical injury, or financial loss be entertained. All returned goods must be accompanied with proof of purchase, and the original packaging before any claim will be entertained.

Terms and Conditions: PUT IT ON LAY-BUY

Layby Terms, agreements and contract

Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com has identified core principles we believe are integral and imperative for all Lay-Buy agreement deals transacted through our PUT IT ON LAY-BUY powered by PayPal checkout payment option to be fair and reasonable per the Fair Trading Act 1999.

The following principles below therefore make up the Terms & Conditions for any Lay-Buy or Layby contract and related transactions entered into. This applies to all and any lay-by contract template utilized by both the vendor or consumer:

  1. Record of Payment
    A record of payments transaction history will always be available for both the merchant and buyer, recording all amounts paid to-date and the date and value of all future pending payments as per your agreed lay-by policy.
  2. Storage and Identification of Lay-Buy Products
    Product’s on Lay-Buy will be set aside and stored separately to other products. Products will be clearly identified as ‘Lay-By contract’ products by a number or some other identification.
  3. Cancellation of Lay-Buy by Buyer
    The buyer may cancel their LayBy agreement form at any time prior to delivery of products and on delivery of products if the products are damaged by so advising seller in writing or if seller agrees, orally.If a buyer cancels a Lay-Buy, seller will, if so requested by the seller, give the buyer a “cancellation statement” which sets out-
    a) The purchase price of the products; and
    b) Advise customer of the cancellation fee payable to seller under all Lay-By terms and conditions; and
    c) The total amount paid under the Lay-Buy; and
    d) Any amount owing to either the buyer or seller under the layby terms on the cancellation of the Lay-Buy.If seller does not accept the buyer’s oral cancellation it is obliged to give/send the buyer a duly completed Lay-By Form of Cancellation immediately.
  4. Cancellation of Lay-Buy by Seller
    The seller under a Lay-Buy must not cancel it unless –
    a) The buyer breaches a term of the Lay-Buy; or
    b) The seller stops trading; or
    c) The products are no longer available
  5. Cancellation on breach by Buyer
    If a buyer has breached a term of a Lay-Buy and seller intends to cancel the Lay-Buy, before doing so seller must –
    a) Give the buyer notice of seller’s intention to cancel the Lay-Buy; and
    b) Allow the buyer at least 14 days within which to rectify the breach; and
    c) The notice to be given has to be:I) in writing, sent to the buyer’s last known address, or, if the buyer so agrees, orally; and
    II) must specify the breach of the Lay-Buy for which the Lay-Buy is being cancelled; and
    III) must state the time within which the buyer must rectify the breach;
    IV) must state the matters listed per below:* the purchase price of the products;
    * all cancellation charges payable under the agreement; and
    * the total amount paid under the Lay-Buy;
    * any amount owing to either the buyer or seller under the terms of the Lay-Buy on the cancellation of the Lay-Buy.The Lay-Buy is cancelled at the end of the period specified in the notice unless the buyer rectifies the breach before then or Seller agrees not to cancel it.
  6. Cancellation where business closes
    If Seller under a Lay-Buy agreement proposes to stop trading before the agreement is completed, Seller must give notice of the proposal to the buyer and must either –
    (a) allow the buyer 7 days within which to complete the agreement; and
    (b) cancel the Lay-Buy
  7. Cancellation where products not available
    If the products are no longer available, Seller must cancel the Lay-Buy and refund all monies to the buyer.
  8. Effect of Cancellation
    Subject to the above, when a Lay-Buy is cancelled by either party, Seller must refund all money paid within 14 days less a AUD $25 cancellation fee. There are circumstances which prohibit Seller from keeping the cancellation charge. These include but are not limited to, situations where the products are damaged or not delivered or where Seller has breached a term of the Lay-Buy statement.
  9. Cancellation Charge
    Seller shall charge the buyer a AUD $25 cancellation fee under the terms of all Lay-Buy deals.
  10. Banking Charges back Fees
    The seller shall be entitled to pass-on to the buyer all charge back fees received by any given bank for any given customer charge back from any given Lay-Buy deal.
  11. Service Fee
    Seller shall not charge the customer any interest charges, membership fee or service fee on any Lay-Buy sales transaction. Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com charge an admin fee, which is a once-off 0.9% of the total order value at checkout. The buyer will pay this amount to Lay-Buys at checkout at time of paying the down payment. This fee is an admin fee and is therefore not refundable.
  12. Lay-Buy Reporting
    Seller shall have reporting in place for all Lay-Buy deals covering Down Payment made, Lay-Buy period, Frequency of payments required, Payment amount required per installment; and a full record of all payments made to-date (amount and date on which made).
  13. Delivery
    The seller will only dispatch the buyer product/s after receiving the final installment payment for all Lay-Buy deals.
  14. MISCELLANEOUS
    14.1   This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
    14.2   This Agreement may be amended only by a written instrument duly executed by all parties hereto.
    14.3   The parties hereby represent and warrant that each of them has full legal right, power and authority to enter into this Agreement and to carry out its obligations hereunder.
    14.4   This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
    14.5   Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

Mighty Monkeys Pty Ltd t/a CleverStuff Educational Toys

A.B.N. 70 600 726 412 

 

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