Terms & Conditions
- DEFINITIONS.
- "Buyer" means the person, firm, corporation or entity who orders and buys or agrees to buy the goods from GenesisDirect.
- "Goods" means the products which the buyer contracts to buy from GenesisDirect.
- CONDITIONS APPLICABLE.
- These conditions shall apply to all contracts for the sale of goods by GenesisDirect to the buyer to the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply contained in or under any purchase order, confirmation of order or similar document.
- An order for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these conditions.
- The submission of an order for the goods shall be deemed conclusive evidence of the buyers acceptance of these conditions.
- Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be invalid unless agreed in writing by GenesisDirect and the buyer.
- THE PRICE
- The price shall be the GenesisDirect quoted price. For Australian Customers, the price is inclusive of GST. For New Zealand Customers, the price is exclusive of GST although GST is charged on Freight.
- The price in the quotation is that applicable at the date of quotation and is, at GenesisDirect discretion, subject to change depending on the fluctuation in the cost of materials, labour, currency exchange rates or duty and shipping rates. Should there be any change as aforesaid, GenesisDirect reserves the right to vary the price accordingly and the buyer is deemed by these conditions to accept such variation.
- No order of the buyer is binding upon GenesisDirect until it has been accepted or confirmed.
- RISK OF LOSS
- All goods purchased from GenesisDirect are made pursuant to a free on board contract. If your goods are lost in transit, we will do our best to locate them however we cannot accept responsibility for them once they are in transit. Insurance can be arranged prior to delivery if required.
- RETENTION OF TITLE
- Legal property in the goods shall not pass to the buyer until all monies owed by the buyer to GenesisDirect are paid in full and unconditionally, and delivery is made by GenesisDirect to the carrier.
- UNDELIVERABLE ITEMS
- It is the buyers obligation to enter the correct delivery address details at time of ordering. If the wrong address is entered, we are not obliged to re-send the order to the correct address at our expense.
- If goods do not arrive, it is the responsibility of the buyer to inform GenesisDirect. Once we learn that an order has not arrived within a reasonable time, we will instigate enquiries. We will not be held liable for any loss or damage resulting from late delivery.
- Replacement items will be despatched according to our discretion. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
- RETURNS
- If you receive goods that you believe are not what was expected, GenesisDirect will (a) refund, or (b) replace goods, or (c) exchange, or (d) provide a credit to the value of the returned order (goods) purchased from our web site, provided goods are returned within 14 days, and are in good condition, and are accompanied by our official receipt/tax invoice. All return requests should be made through the returns form.
- When returning goods to us, GenesisDirect will only cover the cost of freight for goods that are faulty or damaged prior to delivery. Freight costs for all other returns will be at the expense of the buyer. All returns should be mailed to GenesisDirect, PO Box 2281, Byron Bay, NSW 2481, Australia.
- CANCELLATION
- GenesisDirect may cancel an order at any time before the goods are delivered, by giving written notice to the buyer. On giving such notice, GenesisDirect shall promptly repay to the buyer any sums paid in respect of the goods. GenesisDirect shall not then be liable for any loss or damage whatsoever arising from such cancellation.
- INTELLECTUAL PROPERTY
- All copyright and intellectual property of the goods provided are and remain the property of the author of the goods.
- PROPER LAW
- This agreement is deemed to have been made in the State of New South Wales in the Commonwealth of Australia, and is subject to, and is to be interpreted in accordance with the laws of the State of New South Wales.