As well as our standard terms and condition (outlined below) FlipBelt retailers are subject to
Your use of these websites are conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out in these (“Terms and Conditions”). You should read them now. Your use of these websites constitutes your agreement to the Terms and Conditions.
FlipBelt reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of these websites after any amendment becomes effective, constitutes an agreement by you to abide and be bound by the Terms and Conditions, as so amended.
This Agreement is a contract between You and FlipBelt ABN 76 375 934 396 of 2/20 Douglas St, Mooloolaba, QLD, 4557. It sets out the terms and conditions under which You may purchase products online from FlipBelt through any of the above mentioned websites. Please read the following terms and conditions carefully before placing your order with FlipBelt.
What is the Agreement?
The entire agreement between You and FlipBelt for the purchase of Goods by You from FlipBelt is:
(a) these Conditions; and
(b) the terms of the Order.
When is the Agreement formed?
An agreement exists between You and FlipBelt once:
(a) FlipBelt accepts an Order; or
(b) FlipBelt receives the Order and does not reject it within ten working days.
Important Note: Each Order is a separate agreement.
In these Terms & Conditions:
“FlipBelt”, “we”, “our”, or “us” means FlipBelt (A.B.N. 76 375 934 396).
“You”, “Your” means an individual or company wishing to order products or services from FlipBelt.
“Agreement” means an agreement between You and FlipBelt to supply Goods or Services. The Agreement consists of the Order and these Conditions.
“Conditions” means these Conditions and any agreed written variations.
“Delivery Address” means the address to which the Goods are to be delivered as stated on the Order.
“Goods” means Goods described in an Order and includes packaging.
“Intellectual Property Rights” includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
“Order” means an order by You to purchase Goods from FlipBelt.
“Products” means Goods displayed on the FlipBelt Internet sites and as amended from time to time.
The products on the website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.
Any order placed by you in the manner described in these websites is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in these websites at the time you place your order on these Terms and Conditions. FlipBelt reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on these websites, or an error in your order. Your contract with FlipBelt only comes into existence when it forwards confirmation of receipt of your order and payment.
Prices of products, services, delivery and other charges displayed on these websites are current at the time of issue, but may change at any time and are subject to availability.
Prices and savings may vary from between FlipBelt retail stores and the online shop.
Goods and Services (“GST”) and Other Taxes
Prices displayed on these websites are inclusive of GST applied at the rate of 10%. If the delivery address is outside Australia, the GST component of each price will be deducted after we receive your order. We will send an email confirming the order amount after deduction of the GST component.
You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from these websites.
Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographic errors on these sites, including any such errors in relation to prices.
7. RETENTION OF GOODS
7.1 The Seller and the Buyer acknowledge and agree that:
7.1.1 the legal and equitable title, ownership and property in the Goods remains with the Seller absolutely at all times until the Seller has been paid in full for the Goods purchased by the Buyer under all individual contracts, agreements or orders between the Seller and the Buyer;
7.1.2 the Buyer is a trustee and bailee of the Goods and the proceeds received by or owed to the Buyer from the sale of the Goods by the Buyer must comply with clause 7.2;
7.1.3 the trust and bailment referred to in clause 7.1.2 continues in relation to separate purchases of the Seller’s Goods Delivered to the Buyer until the price for the Goods under all individual contracts, agreements or orders between the Seller and the Buyer has been paid in full;
7.1.4 the Goods are at the Buyer’s risk on and from the time the Goods are Delivered to the Buyer; and
7.1.5 the Buyer’s right to possession of the Goods immediately ceases if it does anything, or fails to do anything, which results, or would result, in the Buyer using any of the Seller’s intellectual property including copyright, patents, trademarks, logos, know-how and any other type of intellectual property belonging to the Seller without the prior written consent of the Seller
7.2 Until Goods are paid for in full, the Buyer must:
7.2.1 not sell or supply any Goods to any person outside its ordinary or usual course of business;
7.2.2 not sell or supply any Goods to any person in its ordinary or usual course of business as an agent for the Seller and agrees to:
(a) place any proceeds from the sale or supply of any Goods into a separate bank account, which is at all times identifiable as the money of the Seller ensuring that none of the proceeds are mingled with any other money or deposited into any overdrawn account; and
(b) pay to the Seller the proceeds referred to in clause 7.2.2(a) on their due date for payment plus any interest payable;
7.2.3 not allow any person to create, have or acquire any security interest in the Goods;
7.2.4 insure the Goods, in the name of the Buyer and the Seller, for their full replacement value with a reputable insurer and provide a certificate of currency of such insurance to the Seller immediately upon written request by the Seller;
7.2.5 properly and separately store and label the Goods Delivered so as to distinguish them from the Buyer’s own goods, in a manner which makes them readily identifiable as the Seller’s Goods.
7.2.6 where the Buyer has not been paid for the Goods by a third party, agrees to assign its claim against that party to the Seller upon the Seller giving the Buyer notice in writing to that effect.
7.3 The Buyer acknowledges and agrees that the Seller is not obliged or required to distinguish between Goods sold to the Buyer pursuant to invoices which remain unpaid and Goods sold to the Buyer pursuant to invoices which have been paid.
7.4 If the Buyer fails to pay for any of the Goods by their due date for payment, or as otherwise agreed in writing between the Buyer and the Seller, the Seller may enter the Buyer’s premises, or the premises of any person holding the Goods for and on behalf of the Buyer, during business hours without the requirement to provide any previous notice, for the purpose of auditing, inspecting or retaking and recovering possession of the Goods and the Buyer hereby grants to the Seller an irrevocable licence to do so without liability whatsoever, including but not limited to trespass or any resulting damage. The Buyer agrees that the Seller may use reasonable force in exercising its power of auditing, inspecting or retaking possession of the Goods under this clause 7.4.
7.5 The Buyer acknowledges and agrees that clause 7.4 constitutes specific authority for the Seller to enter the Buyer’s premises, or the premises of any person holding the Goods for and on behalf of the Buyer, for the purposes specified in clause 7.4 and the Seller may rely on clause 7.4 and this clause 7.5 against the Buyer in the event of a dispute, mediation, arbitration or court proceeding with the Buyer.
7.6 The Buyer indemnifies the Seller against any claim made by the Buyer or a third party arising out of the Seller exercising its rights under clause 7.4 and 7.5.
7.7 The Buyer acknowledges and agrees that the Seller will not be deemed to be relinquishing any of its rights as a creditor when exercising any of its rights as owner of the Goods under this clause 7, and its security interest shall continue in full force and effect.
7.8 The express and implied terms of this clause 7 continue even if any contract, agreement or order between the Seller and the Buyer is repudiated by the Buyer.
7.9 The Seller does not relinquish any of its rights against the Buyer until all monies due and payable to it by the Buyer, are paid in full.
FlipBelt makes every effort to represent product colours accurately. However, the colour settings of computer monitors can vary considerably. As a result, there may be variations between the colour you see on-screen and the colour of the item which you purchase.
Please read the Delivery Information contained in the website. The delivery times are indicative only and FlipBelt will not be liable for any failure to observe these delivery times.
10. RISK AND TITLE
FlipBelt will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service. You should consider whether to obtain any suitable insurance.
The circumstance in which FlipBelt is obliged to make a Refund is detailed in its Refunds Policy.
12. USER CONDUCT AND INDEMNITY
You must not up-load, post, transmit or otherwise make available through the site any material which:
13. DISCLAIMER OF LIABILITY
You acknowledge and agree that to the extent permitted by law, Flipbelt will not be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:
(a) the use, copying, or display of the contents of these sites;
(b) goods or services supplied by FlipBelt under these Terms & Conditions; or
(c) a failure or omission on the part of FlipBelt to comply with its obligations under these Terms & Conditions of use.
14. DISCLAIMER OF WARRANTY
You acknowledge and agree that FlipBelt is providing these sites and its contents on an “as is” basis and use of these sites is at your own risk. The content is believed to be accurate, complete, current and reliable at the date the information was placed on the site.
FlipBelt, nor any of its directors, officers, employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on these sites (including in relation to any products or services). To the extent permitted by law, including nay non-excusable statutory obligations, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on these sites.
To the extent permitted by law, FlipBelt expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.
To the extent (if any) that the content of these websites do not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.
15. LIMITATION OF LIABILITY
You acknowledge and agree that our total liability to you (if any) in connection with these sites, or with these Terms & Conditions of use or any goods or services supplied under them, will be limited, at our election, to:
You acknowledge and agree to indemnify FlipBelt, our respective directors, officers, employees and agents, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered, or likely to be incurred or suffered, by you as a direct or indirect consequence of using these sites.
17. RIGHTS WE CANNOT EXCLUDE
The above disclaimer, liability limitation and indemnity do not exclude any rights which by law may not be excluded.
These websites contain links to websites not maintained, controlled or associated with FlipBelt and it does not make any endorsement, or any representation as to the accuracy, of information contained on those websites. FlipBelt will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those Web Sites.
You grant FlipBelt an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to these sites or otherwise provide to FlipBelt (Transmissions) from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in the Transmissions for any purpose and without restriction or compensation.
The materials on these sites are protected by copyright under the laws of Australia and, through international treaties, other countries.
Unless otherwise indicated, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support, these sites, including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved, by FlipBelt.
21. PERSONAL, NON COMMERCIAL USE
Permission is granted to display, copy, distribute, download, and print in hard copy portions of these sites solely for the proper and reasonable purposes of:
(1) placing an order with FlipBelt; or
(2) using these sites as a shopping resource, provided that you do not modify the site and that FlipBelt retain all copyright and other proprietary notices contained in the Contents.
22. PROHIBITED CONDUCT
You are not authorised, without the prior, written permission of FlipBelt and each other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from, that content.
No trademark (whether registered or otherwise) that is contained on these sites or otherwise used by FlipBelt may be used without our prior, specific, written permission or that of the trade mark owner.
FlipBelt does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. FlipBelt will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on FlipBelt, it shall be limited to the cost of re-supplying that information.
Your ability to purchase goods from these sites may be terminated by FlipBelt at any time without notice. All restrictions, licences granted by you and limitations of liability of FlipBelt will survive termination.
25. APPLICABLE LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Queensland, Australia.