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Terms and Conditions

Terms & Conditions of Sale and Website Use

Welcome to the www.cleckheatonsuperfine.com.au and www.cleckheatonsuperfine.com website (Website). This Website and domain name are owned and operated by Australian Country Spinners Pty Ltd ACN 006 290 713 (us or we). This Website is made available by us and all content, information, software, text, graphics, logos, design, layout, downloads, pricing, products and services provided on and through this Website (Content), as well as the purchase of any products (Goods) from the Website, are governed by the following terms and conditions (as amended from time to time by us) (Terms and Conditions).

Please take a few minutes to review these Terms and Conditions.  By using the Website and in consideration of us providing you with access to this Website, you agree to abide by and be bound by these Terms and Conditions, which together with the Privacy Policy, govern your access to and use of this Website as well as the purchase of any Goods from the Website.  

If you do not agree with these Terms and Conditions, please do not use the Website or purchase any Goods from us from the Website.

1. How to order

1.1 Our Goods are categorised by Yarn, Publications & Kits on the Website.  Once you have found the Goods you would like to purchase, simply add them to your cart and proceed through to the checkout.

1.2 To make a purchase through the Website, you will be asked to register and provide your personal details.  There is an option to order and purchase as a guest, however we would prefer you to register, in order for us to advise you of upcoming offers/events etc.

1.3 When registering and/or placing an order, you may be asked to provide:

(a) your name (as shown or your passport and/or drivers licence);
(b) phone number;
(c) email address;
(d) payment details;
(e) confirmation that the payment details you provide are both valid and correct;
(f) confirmation that you are the person referred to in the billing information provided;
(g) any other requested information as indicated when registering and/or ordering.  

It is your responsibility to ensure that such information is correct.

1.4 All orders are subject to availability of Goods and our acceptance of your order.

1.5 Once we receive confirmation that you have made payment, we will confirm acceptance of your order by sending you an email confirming that the Goods have been dispatched in accordance with your delivery instructions.  If we are unable to process or accept your order after payment is received, we will contact you by email or telephone.

1.6 We reserve the right not to accept your order if:

(a) we are unable to obtain authorisation for payment;
(b) shipping restrictions apply to a particular item;
(c) the Goods ordered are out of stock; or
(d) the Goods do not satisfy our quality control standards and are withdrawn from the Website.

1.7 We may also refuse to process and therefore accept an order for any reason, or refuse service to anyone at any time, at our discretion.  We will not be liable to you, or any third party by reason of our withdrawing any Goods from the Website, removing or editing content from and on the Website, refusing to process a transaction or suspending any transaction after processing has begun.

1.8 The online store is open for business 24 hours a day, 7 days a week. We will endeavour to process orders within 2 business days of placement of the order. These times may vary due to public holidays and any unforseen circumstances.

2. Age and identification

You must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us to purchase Goods from our Website.   

3. Pricing and payment

3.1 All prices quoted on the Website are inclusive of Goods and Services Tax (GST) and are in Australian dollars (for more details see Clause 4). All prices were current at the time of publication on the Website. Additional fees may be charged for delivery of the Goods.

3.2 All orders must be paid for at the time of placing your order by credit or debit card or E way.

3.3 Payment will be debited and cleared from your account before dispatch of your order by us. By placing an order on our Website, you confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it.  All credit / debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your credit/debt card refuses to authorise payment to us, we will not be able to process your order and will not be liable for any delay or nondelivery.

3.4 You are responsible for any costs associated with accessing the Website and for submitting an order including any internet service provider fees and all telephone call charges.

4. Sales Tax, Custom & Import Duty Fees 

4.1 For all Goods purchased through the Website, a mandatory 10% GST is payable by Australian law for goods sent to an Australian delivery address. For all Australian residents or Australian shipping addresses, this 10% GST will be included in your order total and processed at the time of sale.

4.2 For international customers this 10% tax will not be charged by the Website, however you will be liable to pay your own country’s applicable import/duty taxes on receipt of your package. These charges vary greatly depending on the country you are ordering from and cannot be predicted. It is your sole responsibility to research these duty/taxes and you are liable to pay them on receipt of your packages. 

5. Delivery

5.1 All shipping fees are shown separately when you purchase Goods and may vary depending on your location. We will advise you of the delivery charges at the time of purchase.

5.2 For deliveries within Australia, standard post delivery charges will apply. 

5.3 For international deliveries, additional courier fees may apply.

5.4 Please allow 2 – 20 working days for the delivery of the Goods, depending on your location. This delivery time frame is an estimate only and we do not guarantee the time frame for delivery of the Goods.

5.5 Please specify when placing your order if you have any specific delivery instructions (for example, if the Goods can be left at the address if no one is home). If you specify that the Goods may be left unattended, any loss or damage to the Goods will be at your own risk.

5.6 If you are not at the address at the time of delivery and you do not specify delivery instructions, an Australia Post / courier delivery card will be left for you (or the person you have ordered the Goods for) and you will need to collect the Goods from the relevant depot or post office.

5.7 Subject to clause 10.2, we will not be responsible for any delay, loss or damage to the Goods that may occur after the Goods have been dispatched by us to the address listed in your order.

6. Customer support

6.1 We have a customer support team which will endeavour to respond to any queries within 24 hours.  You can contact our customer support team at www.cleckheatonsuperfine.com.au/contact-us.

7. Errors and inaccuracies

7.1 While we make every reasonable effort to present accurate information on the Website, the information contained on the Website may contain typographical errors or inaccuracies and may not be complete or current.

7.2 Subject to any rights you may have as a consumer as set out in clause 10.2:

(a) we do not represent or warrant that this Website will be:

(i) errorfree, complete, true, accurate, timely, reliable or otherwise not misleading;
(ii) free of viruses or other harmful components; or
(iii) available or accessible.

(b) we reserve the right to correct any errors, inaccuracies or omissions on the Website and to change or update information at any time without prior notice.  Such errors, inaccuracies or omissions may relate to a product description, pricing and availability. If, for example, the price or description of any Good offered for sale on the Website is mistakenly listed we reserve the right to refuse any orders placed for those Goods listed at the incorrect price or with the incorrect description. We also reserve the right to limit quantities of Goods provided (including after you have submitted your order and/or made payment). We apologise for any inconvenience this may cause you.

8. Redemption of coupons and gift cards/vouchers

8.1 The redemption of any coupons and/or gift cards/vouchers must be completed during the checkout process of your purchase.

8.2 You must include the coupon or gift card/voucher code into the tab specified on the Website.

8.3 Coupons and/or gift cards/vouchers cannot be redeemed in conjunction with another promotion unless otherwise specified by us. Please contact us at the following link www.cleckheatonsuperfine.com.au/contact-us if you have any queries.

9. Indemnification

You agree to indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (each an Indemnified Party), harmless from any damage, loss, or expense (including without limitation, reasonable legal costs and expenses on a full indemnity basis) incurred by us or any Indemnified Party in connection with any claim, demand, suit, action or proceeding by any person against us where such loss or liability arises out of, in connection with or in respect of your use of the Website or any breach by you of these Terms and Conditions by you.

10. Limitation of liability

10.1 Subject to clause 10.2:

(a) this Website, the Content and any Goods provided by us are provided on an 'as is, as available' basis.  We make no warranty or representation to you as to the performance or operation of this Website, the Content or the Goods;
(b) all conditions, warranties and implied terms, whether statutory or otherwise, are excluded in relation to the Website, the Content and the Goods;
(c) we will not be liable for any loss or damage resulting from or in connection with any use or access of, or any inability to use or access, the Website (or any Content) or from your decision to purchase Goods from us; and
(d) we exclude any liability for legal costs and disbursements and, without limitation, any loss or damage to reputation, lost data, loss of goodwill, loss of profits, revenue, use, expectation or opportunity, wasted expenditure, any loss associated with delayed deliveries of Goods, any damage or injury of any nature caused by the use or misuse of Goods, any loss or damage suffered from unauthorised access to our use of our secure servers and/or personal information and/or financial information stored on those servers, lost production or any other indirect or consequential expense, loss or damage suffered by you under or in connection with this Website, these Terms and Conditions, the Content or the Goods.

10.2 The Australian Consumer Law (ACL) provides consumers with a number of protections and consumer guarantees which cannot be excluded or limited.  These Terms and Conditions, and in particular the limitations of liability set out in clause 10.1 of these Terms and Conditions, are therefore subject to, and will not apply to the extent that they limit or exclude such protections or consumer guarantees applicable to consumers.

10.3 Where the ACL permits us to limit the remedies available to you for a breach of a consumer guarantee, we limit our remedies to you, at our option, in the case of Goods, to the repair or replacement of the Goods, the supply of equivalent Goods or the payment of the cost of having the Goods repaired or replaced or having equivalent Goods supplied and, in the case of service, to supplying the services again or paying the cost of having the services supplied again.

11. Returns

11.1 Defective or Faulty Goods

(a) If you believe any Goods you receive from us are faulty or defective, please contact our customer support team at the following link www.cleckheatonsuperfine.com.au/contact-us or by phone: +61 3 5721 2111. Please remember to have your receipt or invoice details handy.
(b) Once you have contacted our customer support team, we may require you to return the Goods to us so that we can assess the Goods, and determine, in our reasonable opinion, if the Goods are faulty or defective.
(c) If we require you to return the Goods to us for assessment, the Goods must be sent to the following address:

Customer Service - Returns
Australian Country Spinners 
Wangaratta Mill 
Textile Avenue
Wangaratta VIC 3676
Phone: +61 3 5721 2111

(d) If on receipt of the Goods from you we determine that the Goods are faulty or defective, we will (at our option):

(i) replace the Goods;
(ii) repair the Goods;
(iii) supply equivalent Goods;
(iv) reimburse you for the cost of repairing or replacing the Goods, or having the equivalent Goods supplied; or
(v) refund you for the cost of the Goods.

(e) If on receipt of the Goods from you we determine that the Goods are faulty or defective, we will refund you the cost of returning the defective or faulty Goods to us.

11.2 Change of Mind

(a) We will exchange or provide a credit note for any undamaged Goods purchased from us so long as they are returned unused, undamaged, fully packaged and with proof of purchase within 30 days of purchase.
(b) Any costs incurred in returning the Goods to us for exchange or credit it will be at your own cost.
(c) You must return the Goods to us at the following address so we can process your return:

Customer Service - Returns
Australian Country Spinners 
Wangaratta Mill 
Textile Avenue
Wangaratta VIC 3676
Phone: +61 3 5721 2111

12. Intellectual property

12.1 You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or trade marks for any purpose, other than with the prior written consent of Australian Country Spinners, or as permitted by law.  All rights of Australian Country Spinners are reserved.

12.2 Trade marks used on this website to describe third parties and their products are trade marks of those third parties.

12.3 You acknowledge and agree that you obtain no rights in this Website or any part of the Content from your use of the Website and the Content.

12.4 You are permitted to use the Content only as expressly authorised by us. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties.  Without limiting the foregoing, copying and use of the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.  However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

12.5 We welcome your comments regarding the Website. Any comments, feedback, notes, messages, ideas, suggestions or other communications (Comments) sent to us shall be and remain our exclusive property. Your submission of any such Comments shall constitute an assignment to us of all rights, titles and interests in all copyrights and other Intellectual Property Rights in the Comments. We will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.

12.6 If you become aware of any infringement or suspected infringement by any third party of any intellectual property rights in this Website or the Content, you must immediately notify us.

13. Colours

We have done our best to display as accurately as possible the colours of the Goods shown on the Website.  However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

14. Licence to use Website

14.1 As a user of this Website, you are granted a nonexclusive, nontransferable, revocable, limited licence to access and use this Website and the Content in accordance with these Terms and Conditions.

14.2 We may terminate this licence at any time for any reason whatsoever immediately and without notice.

14.3 If you wish to download and use any materials contained on this Website for a temporary purpose (such as viewing offline), you may do so.  However, downloading materials contained on this Website for reproduction may only be done upon receipt of prior written consent from us.

15. Your use of the Website

15.1 This Website is for your personal, noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content contained within this Website.

15.2 You agree that you will be personally responsible for your use of this Website and for all of your communication and activity on, and pursuant to, this Website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms and Conditions, we may deny you access to this Website on a temporary or permanent basis.

16. Limitations on use of Website

16.1 You must not:

(a) use the website in breach of any applicable laws or regulations;
(b) use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;
(c) interfere with, disrupt, or create an undue burden on the website;
(d) upload, post, transmit or otherwise make available any material that:

(i) is not your original work, or which may infringe the intellectual property or other rights of another person;
(ii) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(iii) includes an image or personal information of another person unless you have their consent;
(iv) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
(v) contains large amounts of untargeted, unwanted or repetitive content; or
(vi) contains financial, legal, medical or other professional advice.

16.2 If you believe that a user has breached any of the above conditions, please contact us.

17. Linking and Third Party Content

17.1 You must not link to, frame or mirror any part of this Website without our prior written authorisation.

17.2 This Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. We are not responsible for the availability of Third Party Websites, and are not responsible or liable, directly or indirectly, for the privacy practices or the content of Third Party Websites, including any advertising, products or other materials or services on or available from such websites or resources.  Nor are we liable for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of, or reliance on any such content, goods or services available on Third Party Websites or resources.

17.3 If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

18. Privacy

Our Privacy Policy (which can be viewed here) is incorporated by reference into these Terms and Conditions. By using the website, you agree to the Privacy Policy.

19. General

19.1 These Terms and Conditions are governed by the laws of the State of Victoria.

19.2 We reserve the right to change these Terms and Conditions from time to time by posting a new version on this Website. By continuing to use the Website, you agree to be bound by the changes. All amendments are effective from the time of posting on the Website but will not apply to orders already placed and processed.

20. Contact

If you have any queries regarding these Terms and Conditions, please contact us on www.cleckheatonsuperfine.com.au/contact-us.

 

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