Terms and Conditions
2Chillies.com.au is owned and operated by 2Chillies Retail Pty Ltd ACN 159 206 952 (“2 Chillies”) on the World Wide Web. The material contained on the website is subject to copyright © 2015, 2Chillies Pty Ltd ACN 159 206 952.
You must read these terms and conditions before accessing or using the information, services and content available through this website.
If you are under 18 years of age then you must obtain your parent’s or a guardian’s consent to continue to access our website.
Our terms and Conditions and policies constitute a legally enforceable agreement with you. Therefore, if you do not agree with any of our terms, conditions and policies then you are not permitted to use the site and you must exit the site immediately.
CHANGE OF TERMS
Our Terms and Conditions of Website Use, policies and notices are subject to change from time to time, and such changes will be effective upon posting on this website. Your continued use of the website after we post any such changes will indicate your acceptance of such changes.
We take precautions and care to make sure that the files posted to and available for downloading through our site or delivered electronically through email are free from viruses, infections, defects, harmful components or any other codes/programs that may have contaminating or harmful properties. However, we cannot guarantee this due to the open nature of the internet. You are therefore responsible for and must implement any procedures and processes that will satisfy you as to the accuracy of data input and output, and/or which enables you to reconstruct any lost data.
Sometimes we need to rely on information and material supplied by an external source or third party. As we do not and cannot control this information and data we do not warrant the accuracy, completeness, integrity or quality of the information and content obtained from third parties. We also do not warrant that the information provided on our site is free from human error or automated error. If you rely on information on our site you do so at your own risk.
By entering and using our website, or in accessing the information or services we offer, you agree to indemnify us against all claims, demands, proceedings, legal costs, expenses, damages, awards, judgments and any other liabilities whatsoever that arise out of or in connection with your use of or access to our website, its information, services, content or materials.
LINKS TO OTHER WEBSITES
If we have links to other websites on our site, this is purely to provide you with information. It is not an endorsement by us as to that site, or the merchants, the products, services or information contained in or listed in that site.
We also make no warranty or representations as to the quality, accuracy, merchantability or fitness for purpose or any product or material on the other websites. We do not control these websites and cannot be held responsible for any content of that site, or other sites linked to that site.
Should you breach any terms or conditions, and we take no action against you, we are not waiving our right to do so, and we shall be entitled to invoke our rights and remedies in respect of your breach should we chose to do so.
COPYRIGHT AND TRADEMARKS
Unless otherwise indicated, 2Chillies owns or has the right to use and reserves all intellectual property rights, including but not limited to, copyright in the content of our website and all material and services provided by the website and in all documents and images appearing on or linked to our website.
You are not allowed to copy, modify, use, reproduce, upload, transmit, post, sell, frame or embed in any other website or in electronic format or in any way distribute the content contained in our website. Further, you are prohibited from using our trademarks in connection with any product or service or in any way that is likely to cause confusion, or in any manner that is likely to disparage or discredit us, unless you have our express written consent. You must not use any of our trademarks in any meta tag without our prior written consent.
If you believe that any of your work or trademarks have been infringed then contact us at email@example.com.
REVIEWS AND COMMENTS
Our website may allow you to provide comments and feedback in relation to our products and services. Anything that you submit or post on our website and you provide us with, whether that be ideas, know-how, techniques, questions, reviews, comments, and suggestions (“Feedback”) will be treated as non-confidential and non-proprietary, and we can use your words at our discretion and for any purpose. Therefore your Feedback will automatically become our sole and exclusive property and shall not be returned to you.
Further, when you post Feedback on our website, you also grant us the right to use that Feedback and you authorise us to use the name you supply in connection with the Feedback.
You warrant that the Feedback you provide is yours and that by using this we will not be infringing upon or violating the rights of any third party.
Further, you must not provide false information or pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of your Feedback and we reserve the right to remove or edit your Feedback for any reason whatsoever. You can also send your comments and feedback to firstname.lastname@example.org
APPLICABLE LAW AND JURISDICTION
Your use of this website is governed in all respects by the laws of the State of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland in relation to any legal proceeding directly or indirectly arising out or relating to this site (including but not limited to the purchase of 2Chillies products).
PURCHASE TERMS AND CONDITIONS
1. ACCEPTANCE OF YOUR ORDER
1.1 When you place an order to purchase a product from 2Chillies, this will evidence your intention to enter into a contract with us for the supply of that product.
1.2 We will send you an email to acknowledge receipt of your order. Any acknowledgement by us of receipt of your order does not amount to acceptance of that order nor does it constitute an offer by us to sell or supply to you the products referred to in your order. After we receive your order we reserve the right to decline your order at any time or to supply you with less than the quantity you ordered, without prior notice to you.
1.3 All orders require pre-approval with an accepted method of payment and we may require additional information or verification from you, or carry out a credit check before we accept your offer to purchase our products.
1.4 Once we have accepted your payment, we will send you an email confirming receipt of payment and details of the products we can supply (“Receipt of Payment”) and then we will dispatch the product/s to you. We accept your offer to purchase our products only after we have received payment for the products. We will then send you an email that amounts to your Receipt of Payment, and confirm that we have accepted your order at which time we will then dispatch the products that we can supply to you (“acceptance of your order”).
1.5 We are not obliged to supply our products to you until we have accepted your order and we reserve the right to refuse your order at any time or if you revoke your order prior to our acceptance of the order.
1.6 Sometimes we cannot supply all the products you request. Therefore, we are only obliged to dispatch to you those products referred to in our Receipt of Payment (which may not refer to all of the products that you ordered). Our contract to supply the additional products (if and when they become available to supply you) will only arise once we have sent you a further Receipt of Payment which refers to the remaining products that you want to purchase.
1.7 If you discover that you have made a mistake in placing your order you should tell us immediately by contacting us at email@example.com. However, we cannot guarantee that we can change your order. If you contact us after we have accepted your order and you then want to return the products dispatched to you, then you will need to refer to our Returns Policy.
2. PRICING & AVAILABILITY
2.1 2Chillies list the products for sale on its website as indicated. Whilst we use our best endeavours to fulfil such orders, we cannot be held responsible if the products are not available at a given point in time.
2.2 The dispatch times stated in the Delivery and Returns section of our website are simply a guide to processing times and are not guaranteed dispatch times and should not be relied upon as such.
2.3 When you select a product that you want to buy then you will be shown on the site the charges you must pay (including price, GST, and any delivery charges – “Charges”). This is the price that you will pay for the product, regardless of any previous price you may have seen or heard.
2.4 All pricing is in Australian dollars for Australian customers, New Zealand dollars for New Zealand customers and US dollars for all other customers.
2.5 All prices are correct at time of publication, however, sometimes prices can change for different reasons. Therefore, we reserve the right to alter prices if necessary. If this should happen after you have ordered a product, we will contact you prior to processing your order.
2.6 If we do not or cannot contact you then you are required to pay the Charges shown on the website at the time we accept your order.
2.7 You must pay all Charges for the product in full by supplying us with your credit or debit card details from a credit or debit card company acceptable to our payment gateway provider, Payment Express, or by PayPal. We cannot process your order and we are not obliged to supply the product to you unless we receive payment of all Charges.
2.8 When you make payment of Charges to us by credit card, then you warrant to us that the details you provide to us for the purpose of purchasing our product are correct and that you are fully entitled to use that card or account and you have sufficient funds to cover the proposed payment to us.
2.9 We reserve the right to cancel an order at any time and without notice to you and without any reason. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided by you and we will endeavour to refund all money received using the method or payment you used to pay for the products.
3.1 We will use our best endeavours to deliver the products you have ordered to the place of delivery that you have nominated and within the time frame stipulated. However, we will not be responsible for late deliveries or loss or damage relating to late deliveries or for any incorrectly entered address details.
3.2 If we cannot deliver to your area, we will tell you using the contact details you provide and then cancel the order or arrange an alternative delivery address.
3.3 It is a term of your contract with us that you will be available within a reasonable time after the contract is accepted to accept the products. If you unreasonably delay accepting the goods or you do not accept them within 2 weeks of our first attempt to deliver the goods to you then we can charge you a storage fee or cancel the order (without effecting any other right or remedy we may have). If we cancel the order and the goods are returned to us we will refund your money less any other fees we have incurred in cancelling the order and relating to the return of the goods. We reserve the right to charge an administration fee.
3.4 If multiple products are ordered, and stock is not available resulting in part delivery of an order, then we will try and tell you about this prior to dispatching the order. We reserve the right to charge additional delivery fees relating to the subsequent deliveries that have to be made to complete an order.
3.5 You must be careful when opening the order that you do not damage the products as we will not be responsible for any damage suffered in these circumstances.
3.6 We are entitled to choose a freight provider that we select, which are currently Toll IPEC and DHL International (or another other supplier we determine). We recommend that you open and check the products for damage before you sign acknowledging the receipt and acceptance of your products. That way you can check to see if any of our products were damaged in transit before accepting them.
4. RISK OF LOSS
4.1 When you purchase an item through our website, then the risk of loss and title in the product passes to you as soon as the product reaches the hands of the carrier who is transporting the item to you.
4.2 Therefore, if you want to insure the item during transit then please let us know and we can arrange the insurance. The cost of that insurance must be paid by you before the item is transported. From the time the risk passes to you, we will not be liable for loss or destruction of the product.
5. SUITABILITY OF OUR PRODUCTS
5.1 The products we dispatch to you will generally reflect the product you have seen on our website. However, there may be some minor adjustments to colour, weight, measurements, design and features. These adjustments will only be minor and will not render the product unreasonably different from the product you purchased. If you believe that the product you purchased is not the product that you ordered, then you should contact us at firstname.lastname@example.org to discuss the matter. You can return the product only if you comply with our Returns Policy.
5.2 The size chart contained in the Size + Fit Guide section of our website generally reflects the size garment required based on your measurements. However, we cannot guarantee that the sized garment you purchase will necessarily fit you, as some minor variations can occur during manufacturing. If you need to change the sized garment, then please contact us on email@example.com and comply with our Returns Policy.
5.3 We cannot, and do not, warrant that the products that you purchase from us will be suitable for your purposes or that they will necessarily meet your individual requirements. Therefore, you must consider our products and decide for yourself whether they are suitable and whether they will meet your needs.
5.4 The products we dispatch to you are intended to be used in accordance with the manufacturer’s instructions as set out on this site and on our products themselves. You must use the products strictly in accordance with those instructions.
5.5 We warrant that we will dispatch our products to you in an undamaged state. Therefore, you must check the item as soon as you receive it and before you sign the receipt acknowledging delivery, so you can make sure that the item was not damaged in transit.
5.6 If you believe that our product is faulty, then you must contact us at firstname.lastname@example.org. You must keep the product in the condition in which you received and immediately return the item to us for our consideration. However, we are not obliged to accept the return of the product and refund your money unless you have also complied with our Returns Policy.
5.7 We will need to assess the product that you allege is faulty and therefore we may need you to assist us by you providing us with information detailing the way in which you allege the product is damaged or defective, delivery details and any other information we reasonably request.
5.8 If you ask us to replace our products or you return the product to us and ask us to refund your money, then notwithstanding any other terms and conditions referred to on our website, we can refuse to do so, if we determine that the product has been misused, abused, subject to neglect, improperly or inadequately cared for, been damaged or subject to abnormal conditions, or has been modified, or dealt with contrary to manufacturer’s instructions or deteriorated through normal wear and tear.
6.1 The Australian Consumer Law provides customer guarantees in relation to certain contracts that relate to the supply of goods and services, and which guarantees cannot be excluded by contract.
6.2 Pursuant to the Australian Consumer Law, if there is a breach of any mandatory customer guarantee by us then we limit our liability in accordance with the provisions contained in the Australian Consumer Law.
ERRORS, INACCURACIES & OMISSIONS
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).