About these Terms and Conditions
In these terms and conditions "we" and "us" means Jeff Sykes & Associates P/L (hereafter J.S&A P/L) ABN 21 051 674 625 of 65 Tucker Street, Breakwater, Victoria, 3219 Australia, and "you" means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
Placing Your Order
You may place an Order by filling in the Order Form on the J.S & A P/L Web Site and clicking the "Submit My Order" button.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
No information on our website constitutes or should be deemed as an offer by us to supply any Products, however J.S & A P/L will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. J.S & A P/L and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Payment Methods And Processing
J.S & A P/L currently accepts Visa and MasterCard
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding Victorian Public holidays.
We process credit card payments after you click the "Submit My Order" button and your order is processed.
For credit card payments we will send a tax invoice to you with the goods. Your tax invoice is your proof of purchase.
Please note that you may be required to provide further identification for additional security reference checks.
J.S & A P/L purchases include GST unless otherwise stated on a Product listing.
J.S & A P/L always seeks to list Products with the most competitive prices. J.S & A P/L reserves the right to change prices for Products displayed at J.S & A P/L at any time.
Supply of your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
When your Order items have been dispatched, we will email you to confirm shipment of each item including where applicable a tracking number for each item.
Delivery Of Your Products
We will endeavor to dispatch your products as soon as we receive your order. Although every effort is made to ship your order, delays may occur due to changes in supply or circumstances beyond our control. We encourage you to visit the "Your Account" section on our website to view the delivery status of your Products.
Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame. Title and risk of loss to all Products will pass to you upon delivery.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data - Use And Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other J.S & A P/L Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other J.S & A P/L Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.
Credit Card Fraud
Whilst J.S & A P/L employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, J.S & A P/L will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of J.S & A P/L. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability of J.S & A P/L for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option J.S & A P/L, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
J.S & A P/L reserves the right to change the Terms and Conditions of sale at any time. No J.S & A P/L employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
J.S & A P/L shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of J.S & A P/L, and J.S & A P/L shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.