TERMS AND CONDITIONS OF SALE (“SALES TERMS”)
These Sales Terms are applicable to the Talk to the Hand Polish Online Shop (“Online Shop”) at talktothehandpolish.com and to orders and sale transactions for products available at the Online Shop (“Product”).
The Online Shop is owned by and operated by Talk to the Hand Polish,. (herein, “Talk to the Hand Polish”, “we” or “us” as the context may require). The Online Shop is owned by and operated by Talk to the Hand Polish. Talk to the Hand Polish is the seller of the products.
Talk to the Hand Polish
ABN: 50 629 225 832
With regard to your purchases in the Online Shop we will communicate electronically by sending email or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
Please note that these Sales Terms give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction.
ABOUT THESE SALES TERMS
These Sales Terms only apply to purchases made in this Online Shop. Other Talk to the Hand Polish web sites on the internet may have different terms and conditions. From time to time Talk to the Hand Polish may change or alter these Sales Terms which will be applicable to orders placed on or after the effective date stated by Talk to the Hand Polish.
Information contained in Talk to the Hand Polish advertising, brochures or other written materials, on Talk to the Hand Polish web sites or given to you, is for information only and not an offer by Talk to the Hand Polish to supply any Products.
BY PLACING AN ORDER FOR PRODUCTS YOU AGREE TO BE BOUND BY AND ACCEPT THESE SALES TERMS.
Additional terms and conditions are required to be accepted for Employee or other purchase programs.
PLACING AN ORDER
To be able to buy Products you have to:
- Provide your name and address, email address, payment details and other required information.
- Be at least 16 years of age.
- Provide a delivery address in Australia (note that Talk to the Hand Polish is able to deliver to certain addresses, including but not limited to, P.O. Box addresses and Military APO/FPO addresses provided that a physical address is included).
- Be the owner or authorized holder of a valid payment method.. You may place an order by clicking on the “Add to cart” button and proceeding to the checkout page.
When you create a Talk to the Hand Polish account you will also create a personal user identification (your username) and password. Keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password.
ORDER PROCESSING AND CONTRACT FORMATION
You agree that your order is an offer to buy the Products listed in your order under these Sales Terms. All orders must be accepted by Talk to the Hand Polish. We may choose not to accept abnormal orders and orders which Talk to the Hand Polish suspects are not placed in good faith.
After having received your order, Talk to the Hand Polish will send you an order confirmation via email with your order number and details of the items you have ordered.
Acceptance of your order and the formation of the contract of sale between Talk to the Hand Polish and you will not take place unless and until you have received your Talk to the Hand Polish order confirmation email.
PRICES, SHIPPING AND HANDLING, CHARGES AND TAXES
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order receipt and order confirmation emails. Talk to the Hand Polish may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
Talk to the Hand Polish charges sales tax where required by law. The appropriate charges are included in the total price displayed on your Talk to the Hand Polish Order. Prices for the Products do not include charges for shipping and handling.
Separate charges for shipping will be itemized in your shopping cart and on Your Talk to the Hand Polish order confirmation email.
PRODUCT AVAILABILITY AND DELIVERY, CIRCUMSTANCES BEYOND REASONABLE CONTROL
Talk to the Hand Polish does not guarantee the availability of any Product in the Online Shop. Talk to the Hand Polish reserves the right, without liability or earlier notice, to change, discontinue or stop making any Product.
We will provide you with the information on the latest expected delivery date which will not exceed 30 days unless you specifically agree on a later date.
In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.
Delivery options are defined in checkout and may change. Delivery based on the option selected is not guaranteed. Reimbursement for payment of the express delivery price will occur if the service requested was not delivered on time.
If the items remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you in accordance with our return policy less the reasonable additional costs incurred by Talk to the Hand Polish.
Customer desiring to return or refuse delivery will be best serviced by receiving the delivery and following the return instructions included in the package.
Talk to the Hand Polish shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.
COMPATIBILITY, PRODUCT INFORMATION
When placing your order please ensure that the Products you purchased are compatible for the intended use. Please use the information provided in the Online Shop as reference when checking compatibility. In the event of a difference between the Online Shop content and any other Talk to the Hand Polish (or non-Talk to the Hand Polish) web site (or any other source of information) the compatibility of Products as shown on the Online Shop at the time of purchase will be seen as taking precedence. We encourage you to examine the delivery package and received items within fourteen days after they are delivered to you and check their condition and that the content of the delivery package is complete.
Payment shall be made by a credit or debit card approved by Talk to the Hand Polish. Approved credit and debit card types are listed in the Online Shop. You have to supply your payment details when you place your order. Your credit card may not be accepted if: (i) the name on the credit card does not match the billing name given or (ii) the billing address given does not match the bank records. Your payment will be charged on shipment of the ordered items. We will not supply the items to you until payment is confirmed. As your Order confirmation email is your proof of purchase, we recommend that you save and print that document for your potential future use.
TITLE TO PRODUCTS
Talk to the Hand Polish retains full legal title to Products until it has received all amounts due on the ordered Products.
RETURN AND REFUND
HOW TO RETURN ITEMS?
Visit our Shipping & Returns page.
Please note that Talk to the Hand Polish will only process returns and refunds for items bought in this online shop.
Talk to the Hand Polish provides this warranty to buyers who purchased the Talk to the Hand Polish product (Product). Talk to the Hand Polish Products are guaranteed against all manufacturing or material defects (Defect).
These Sales Terms set out the full extent of our obligations and liabilities in respect of the Products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on us than the ones mentioned in these Sales Terms. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
We shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
If any provision or provisions of these Sales Terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
Talk to the Hand Polish customer service will assist you with any questions. You can contact us by email at email@example.com