TERMS AND CONDITIONS OF SALE & DELIVERY POLICY (07.2019)
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In these Terms and Conditions, “Chapel Hill retreat” means Harmony Chapel (ABN 31 150 964 033) or any associate company which supplies goods to the customer (“the Customer”).
Chapel Hill Retreat supplies all goods to every Customer subject to the following terms and conditions (“Terms and Conditions”) and the attached order form (“the Order Form”) and any attachments to those documents, notwithstanding anything that may be stated to the contrary in the Customer’s inquiries, on the Customer’s orders or in the Customer’s terms and conditions.
The Customer acknowledges and agrees that neither the Customer nor Chapel Hill Retreat’ staff are authorised to make any commitments or representations which amend, vary or otherwise deviate from these Terms and Conditions. Any such amendments, variations or deviations must be agreed in writing and signed by Chapel Hill Retreat’ authorised representative. Notwithstanding anything else contained in these Terms and Conditions, Chapel Hill Retreat reserves the right to change its Terms and Conditions at any time. Any amendments to these Terms and Conditions shall apply to all orders accepted by Chapel Hill retreat after such amendments have been notified (orally or in writing) to the Customer. These Terms and Conditions replace all prior terms and conditions issued by Chapel Hill retreat to the Customer.
(a) By placing an order, the Customer will be deemed to have accepted these Terms and Conditions to the exclusion of any other terms and conditions. Chapel Hill Retreat will not be bound by any conditions attaching to the Customer’s order and, unless those conditions are expressly agreed by an authorised representative of Chapel Hill Retreat in writing, the Customer acknowledges that those conditions are expressly excluded.
(b) The Customer’s orders must be submitted to Chapel Hill retreat via our website www.chapelhillretreat.com.au Chapel Hill Retreat reserves the right to accept any order in whole or in part, or to decline any order.
(c) Once the order is accepted by Chapel Hill retreat, it may not be cancelled or varied by the Customer without the consent of Chapel Hill retreat in writing.
(d) Each of the Customer’s orders must specify the type and quantity of the goods.
(a) Unless otherwise agreed in writing by Chapel Hill Retreat, the price of the goods payable to Chapel Hill Retreat by the Customer is the price as stated in the Order Form (“the Price”).
(b) Delivery costs and installation costs (where applicable) are payable in addition to the Price as set out on the Order Form, and are payable directly to the manufacturer.
3. PASSING OF TITLE AND RISK
Risk and title in goods supplied by Chapel Hill Retreat, or on its behalf, will pass to the Customer upon delivery of the goods to the Customer or the Customer’s carrier, whichever is the sooner.
(a) Deliveries and installation (where applicable) will generally be made by the manufacturer of the goods, on behalf of Chapel Hill Retreat.
(b) Following acceptance of an order by Chapel Hill Retreat in accordance with clause 1, the manufacturer will as soon as practicable advise the Customer of the estimated delivery date of the consignment of the goods (“Delivery Date”). The Delivery Date is given and intended as an estimate only. The manufacturer will use reasonable endeavours to deliver the goods by the Delivery Date, but the Delivery Date is not of the essence.
(c) Chapel Hill Retreat will not be liable for, nor be required to indemnify the Customer from or against, any loss, damage, actions, claims or expenses suffered or incurred, whether direct or consequential, as a result of a delay in delivering the goods.
5. INSPECTION AND ACCEPTANCE
(a) The Customer shall inspect all goods upon delivery and shall within 24 hours of delivery give notice to Chapel Hill Retreat and to the manufacturer of any issue or matter by which the Customer alleges that the goods are not in accordance with the Customer’s order as specified in the Order Form.
(b) If the Customer fails to give such notice, to the extent permitted by law, the goods shall be deemed to have been delivered and accepted by the Customer.
6. RETURN OF GOODS
(a) Goods may not be returned or credited without obtaining prior authorisation from Chapel Hill retreat or its authorised agents.
(b) To the extent permitted by law, Chapel Hill Retreat reserves the right to impose any handling charge which it deems to be reasonable in respect of goods returned.
7. WARRANTIES AND LIMITATION OF LIABILITY
(a) The manufacturer has agreed with Chapel Hill Retreat that, for a period of ten years from purchase, the goods will be free from defect in workmanship and materials. If service is required due to a defect in workmanship or materials, the manufacturer will repair the goods at the manufacturer’s cost. A copy of the manufacturer’s warranty is attached to and forms part of these Terms and Conditions. This warranty is subject to the terms and conditions set out in the warranty document. The manufacturer will upon delivery provide a copy of the warranty document to the Customer along with the goods.
(b) For the avoidance of doubt, the manufacturer’s warranty is in addition to and independent from any statutory warranties or conditions that may be available to the Customer.
(c) To the full extent permitted by law, Chapel Hill Retreat shall not be liable in any way whatsoever to the Customer or any third party, whether in tort (including negligence), contract, breach of statute or otherwise, for any loss of profits, revenue, business or goodwill, or for any other loss including but not limited to any indirect, special or consequential loss.
(d) To the full extent permitted by law, the liability of Chapel Hill Retreat in respect of any order of goods shall in any event be limited to the lesser of the purchase price of the goods or the cost of replacing the goods.
(e) Where Chapel Hill Retreat replaces the goods, it will arrange for delivery of the replacement goods to the Customer’s address as specified on the Order Form unless otherwise agreed in writing by Chapel Hill Retreat.
(f) The limitations on Chapel Hill Retreat liability contained in these Terms and Conditions are made to the extent permitted by law. Nothing in these Terms and Conditions restricts the effect of any warranties or conditions which may be implied by the Trade Practices Act 1974 (Cth) or any other law which cannot be excluded, restricted or modified. Subject to those laws, to the extent to which Chapel Hill Retreat is entitled to do so, its liability under such implied conditions or warranties will be limited at the option of Chapel Hill Retreat to any one or more of the following: (i) in the case of goods: 1. the replacement or repair of the relevant goods, or the supply of equivalent goods; or 2. the payment of the cost of replacing or repairing the goods, or of acquiring equivalent goods; and (ii) in the case of services: 1. supplying of the services; or 2. the payment of the cost of having the services supplied again.
(g) Chapel Hill Retreat makes no promise and gives no guarantee that repair facilities or parts will be available in respect of any of the goods supplied.
8. FORCE MAJEURE Without prejudice to any other provisions hereof, Chapel Hill Retreat shall not be liable for any delay in performance or failure to perform any of its obligations, if such performance is prevented, restricted or affected by a force majeure event or any other cause beyond Chapel Hill Retreats’ control.
9. REPRESENTATIONS The Customer acknowledges that no person, agent or employee has been or is authorised to make any representations, warranties, guarantees or other statements on behalf of Chapel Hill Retreat.
10. GOVERNING LAW These Terms & Conditions shall be governed by the laws of New South Wales and the parties submit irrevocably and unconditionally to the non-exclusive jurisdiction of the Courts of New South Wales.
11. MANURFACTURERS WARRENTY
Please Click here for Manurfacturers Warrenty
In this policy, “us”, “we”, or “our” means Chapel Hill Retreat, operators of this website.
We are bound by the National Privacy Principles contained in the Commonwealth Privacy Act 1988 (subject to any exemptions that apply to us under that Act).
1. INFORMATION WE COLLECT
Contact details are collected as supplied by you from time to time.
2. HOW WE COLLECT IT
Contact details is collected when supplied by you when filling in contact information on our website.
3. WHY WE COLLECT IT AND HOW WE USE IT
We collect your personal contact details
- To respond to requests or queries you raise
- To keep you up to date with news, special offers, and other marketing information you have opted-in to receive.
4. HOW WE DISCLOSE IT
We may disclose your personal information to third parties, and you consent to us disclosing your personal information to third parties, under the following circumstances:
- As part of a sale of all or part of our business
- As required for processing of credit card payments by Internet Payment Gateways and Merchant Facilities.
- To lessen or prevent a serious threat to a person’s health or safety
5. OPTING IN AND OUT
When you supply us with your email address you may be asked to opt in to receive marketing information by e-mail or other means.
You will be given the opportunity to opt out from receiving further communications from us in accordance with this policy each time we send you information for which you have opted in. This comes in the form of an ‘unsubscribe’ link, generally in the footer and/or header of each email.
If you receive any communication purporting to be connected with us or our products or services that you believe has been sent to you other than in accordance with this policy, or in breach of any law, please contact us immediately as outlined in section 8.
6. INFORMATION MANAGEMENT AND SECURITY
You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.
You agree that we are not responsible for the privacy or security practices of any third party and that the collection and use of your information by third parties may be subject to separate privacy and security policies.
If you suspect any misuse or loss of, or unauthorised access to, your personal information, please contact us immediately as outlined in section 8.
7. CREDIT CARD PAYMENTS
This website uses Secure pay an external encrypted site for all online credit card payments. Your credit card details will not be stored on Chapel Hill Retreat website and will not be accessible by Chapel Hill Retreat staff.
8. HOW TO CONTACT US
If you have any questions or complaints about how we collect, use, disclose, manage or store your personal information, or would like to request access or changes to the information we hold, please contact us.
Last Update: Dec 2022