TERMS AND CONDITIONS
www.selected88.com.au wants each visitor to the Site (“you”) to have a safe, pleasurable visit, so we have established the following terms and conditions so that we both know what to expect from each other. By using Selected88.com.au, you agree to terms and conditions of the site following. Please read them carefully. Your usage of the site indicates your acceptance of these terms and conditions. Your placement of an order also indicates your acceptance of these terms and conditions.
INFORMATION DISCLAIMER
All information supplied has NO WARRANTY whatsoever. No warranty is made that any information on or linked to this site is complete and/or accurate. All information contained on the Site, including information relating to products, is for informational purposes only. It is often presented in summary.
COPYRIGHT AND TRADEMARK NOTICE
This site is owned and operated by Selected88.com.au. Unless otherwise specified, all material appearing on this site, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces, and other material (collectively “Content”) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Copyright © 2000, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Selected88.com.au or their respective content providers. All software used on the site is the sole property of Selected88.com.au or those supplying the software. You acknowledge that the Site contains Content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Selected88.com.au’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS SOLD
EXCEPT AS EXPRESSLY STATED HEREIN, Selected88.com.au MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE SITE. EXCEPT AS EXPRESSLY STATED HEREIN, Selectd88.com.au EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT FOR THE ‘CONSUMER GUARANTEES’ OUTLINED IN THE AUSTRALIAN CONSUMER LAW (FOUND AT: WWW.ACCC.GOV.AU). YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO Selected88.com.au ARISING FROM ANY PRODUCT SOLD ON THE SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL Selected88.com.au, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.
DISCLAIMER FOR USE OF SITE
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL Selected88.com.au, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES, THIRD-PARTY CONTENT PROVIDERS OR THE LIKE WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, Selected88.com.au, DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR USE OF THE INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE.
FURTHER, Selected88.com.au EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE SITE FROM THIRD PARTIES. WE CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN THIRD-PARTY SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR REGISTRATION INFORMATION, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) NEGLIGENT OR WILFUL ACTS OF Selected88.com.au, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES OR (vi) ANY OTHER MATTER RELATING TO THE SITE.
You agree to indemnify and hold Selected88.com.au, and our directors, officers, employees, and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.
YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Site, you agree to:
If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the Site.
You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Selected88.com.au consider this registration information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our site and services to you, to administer our site, and to notify you of products or special offers that may be of interest to you.
PAYMENT METHODS
Credit Cards: We accept all major credit cards including Visa and MasterCard. There is no surcharge for Visa or Mastercard transactions with Selected88.com.au. Please be sure to provide your exact billing address and telephone number – the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point (except in the case of recurring orders, where you credit card details will be stored by our third-party service provider. For more information, see information under the heading ‘Recurring Deliveries’). If we cannot fulfil your order, or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.
COUPONS Terms of Use:
ORDER ACCEPTANCE POLICY
KEY TERMS AND CONDITIONS FOR USE: Coupons are to be treated as cash. Defaced, mutilated, altered, lost or stolen cards will not be replaced, refunded, or redeemed. Coupons are: Redeemable for merchandise or services at all Selected88.com online store; must be used before use by date, and not redeemable for cash and cannot be used for payment of credit or retail accounts.
We reserve the right to change any terms. We reserve the right to chance any terms contained in these terms of use at any time. Accepted payment methods for Gift Card purchase in-store are Cash, Card (Credit / EFTPOS) or After pay.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Selected88.com.au reserves the right at any time after receipt of your order to accept or decline your order for any reason. Selected88.com.au reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
YOUR CONDUCT
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
OUR RIGHTS
Selected88.com.au may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such content.
Selected88.com.au may terminate your access or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Selected88.com.au shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Selected88.com.au shall have the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled Selected88.com.au shall immediately issue a credit to your credit card account in the amount of the incorrect price.
APPLICABLE LAW
As far as legally possible this Agreement, its terms and conditions and the use of this Site shall be governed by the laws in existence from time to time in Australia. Any claim relating to the Site, the services provided through the Site, or the Content shall be governed by the internal laws of the state of NSW, and you agree to submit to having the matter dealt with in a court in NSW in the state of NSW, Australia, or another Australian jurisdiction.
TERMINATION
These terms are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be affected without prior notice and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
LIMITED PURCHASE QUANTITIES AND FREQUENCY
Selected88.com.au reserves the right to monitor and limit the purchase amounts and/or purchase frequency of products at its sole discretion. Selected88.com.au reserves the right to restrict sales to a non-commercial level at its sole discretion (including in respect of sales on a recurring basis). In such cases Selected88.com.au will reduce product(s) and/or order frequency to what Selected88.com.au considers a non-commercial supply.
For any commercial enquiries, please contact us via:
https://www.selected88.com.au/commercial
INTERNATIONAL DESTINATION RESTRICTIONS & LIABILITY
Selected88.com.au has no control over International Customs or International Postal Operations and as such, takes no responsibility for damaged items or items claimed to be missing.
Selected88.com.au will not refund any international orders where such claims are made. We recommend such claims are placed with your local customs and or postal service.
Selected88.com.au is not responsible for the loss of any orders due to untraceable consignments numbers. Selected88.com.au is not liable for any cost that may be incurred due to customs tax or delivery tax. Selected88.com.au holds no liability to any orders that are detained by any country’s customs, this may also affect delivery times and Selected88.com.au holds no responsibility on the order being delivered within a certain timeframe or cost. Selected88.com.au cannot guarantee the quality of any consumable products delivered due to extended shipping times and weather and hold no liability on replacing/refunded them. Selected88.com.au cannot guarantee the quality of any food products delivered due to extended shipping times and weather and hold no liability on replacing/refunded them. Selected88.com.au will refund the exact amount of a cancelled order in Australian Dollars, however for international orders the currency at the time will dictate how much will be deposited back into your account. Selected88.com.au is not liable for any discrepancy of currency at the time of the refund.
As such by agreeing to purchase the goods in your basket today, you accept that If for any reason whatsoever, be it taxes, custom law, duties, or any other reasons whatsoever your parcel does not make it to your door whilst we regret the non-delivery, Selected88.com.au is unable to refund your payment.
Selected88.com.au is unable to guarantee goods purchased on our web site will be compliant with your local laws and regulations and as such be permitted to make it to your door.