1.1 This Topshotz Billiards Shopping site at www.topshotz.com.au.au is a shopping website where you can browse, select and order products advertised on the Site from Topshotz Billiards Limited.
1.2 Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Topshotz Billiards relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
1.3 The term ‘Topshotz Billiards’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
1.4 Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
2.1 You agree to bound by, and comply with, these terms and conditions:
(a) by completing your registration through the Site; and
(b) using the Site to obtain Products from us.
3.1 You must complete the customer registration process through the Site before placing an order for Products through the Site. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy.
3.2 You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.
3.3 If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
4.1 You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
4.2 Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
4.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
4.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site.
5.1 We reserve the right to accept or reject your order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
5.2 Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
5.3 If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
6.1 Topshotz Billiards vouchers can only redeemed at www.topshotz.com.au.au.
6.2 Topshotz Billiards vouchers are available in different denominations. Freight fee will not be included in vouchers use.
6.3 Each Topshotz Billiards voucher has each expired date. Once it is expired, it cannot be redeemed.
6.4 Topshotz Billiards will not refund any vouchers which are lost or stolen.
6.5 On redemption, if the total purchase cost is more than vouchers total, the difference will need to be paid by you via credit card which you provide on Topshotz Billiards. If the total purchase cost is less than vouchers total, the difference will not be refunded to you.
6.6 Vouchers may not be applied against any other specials and promotional events.
6.7 Each voucher can only be used for one time.
6.8 Topshotz Billiards reserves the right to refuse any coupons at its discretion.
7.1 Unless otherwise indicated on the Site:
(a) you may purchase up to the maximum stock quantity available. However, there may be lower limits for a particular Product that is the subject of a special or a promotion. We will inform you of these limits on the Site when you place the order or within a reasonable time after you submit your order.
(b) the minimum purchase amount for each order is $39.00 excluding the Delivery Fee.
7.2 You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we will contact you when you place the order or within a reasonable time after you submit your order.
7.3 If you wish to place an order that differs from our ordering requirements, then you will need to email Topshotz Billiards Customer Service Team (sales@topshotz.com.au.au) during Monday to Friday 9am to 5pm. If we agree to an order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard orders. In this regard, we recommend that you allow at least 3 days between ordering and delivery or such other time that we notify you of at the time we accept your order.
8.1 We will only deliver Products ordered through the Site to a location where we provide delivery services. During the ordering process, you need to select your preferred time, date and window for us to deliver your order to you. You also agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil your order that we have accepted.
8.2 We will aim to deliver during the window that you select. However, if an event occurs that is beyond our reasonable control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of such delay as soon as reasonably possible.
8.3 We will deliver the Products to the front door at the relevant Delivery Address and a Signature by the Recipient will be required upon delivery. If you ask us to leave your delivery without signature at the premise or building at the Delivery Address and we agree to do so, then you are responsible for all risks, loss or damages suffered due to this.
8.4 You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
If the delivery relates to your first order, then a recipient must be present to sign as acceptance of delivery proof.
8.5 If there is no one or no appropriate person at the Delivery Address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then:
A redelivery will have to be arranged directly with the courier company. A note will be placed in your post box with the courier company’s contact details. Please make contact within 24 hours for the second delivery to take place.
Should another delivery be arranged after an unsuccessful second redelivery, you will be charged double the freight amount for further delivery arrangements to be made and also other extra charge for your credit card. Topshotz Billiards will not be liable for further charges that will incur after the second delivery.
8.6 Other than as required under clause 7.4 for your first order, you acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order and, where relevant, make payment for that order.
9.1 Risk in the Products passes to you on the date and time of delivery to the Delivery Address. Title to the Products passes to you on the later of the date and time of:
(a) payment for those Products; and
(b) delivery of those products to the Delivery Address.
10.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the requested Products in that order are not available; or
(b) there is an error in the price or the product description posted on Topshotz Billiards in relation to the relevant Product in that order; or
(c) that order has been placed in breach of these terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
10.2 Because we work so quickly to ship you your order, it is not possible for us to alter your order once it enters our system. This includes not being able to change the delivery address and place any additional order. Therefore; before you process your payment, just do a quick check to ensure everything is in order and to your satisfaction.
11.1 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
(a) the purchase price of each Product that is ordered;
(b) the delivery fee provided to you at the time you selected the relevant delivery window when placing your order; and
(c) the cancellation fee for an order that is cancelled as set out in clause 9.1; and
(d) any other fees and charges set out in these terms and conditions.
11.2 All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
11.3 The purchase price of each Product is shown on the product list on Topshotz Billiards at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any other shops selling the same Product.
11.4 Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order.
11.5 If a Product that you have ordered is not available and we have not provided you with a substitute, then we will provide you with a credit to the value of the Products that were not supplied to you.
12.1 You must pay the fees and charges online using the online payment methods in clauses only.
12.2 We accept the following credit cards:
(i) Visa; Visa Debit
(ii) MasterCard; and
(iii) Paypal
12.3 We only use your card number to charge what you order; however, we are not responsible with that someone steal your card number to do charge other things.
12.4 If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you of dishonour and cancel your order.
12.5 You authorise Topshotz Billiards to debit the amount that is payable for an accepted order from your nominated credit card if you use a credit card to pay for the fees and charges.
12.6 You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
12.7 We will provide you with an invoice at time of delivery which specifies the total fees and charges for the Products in the order and the credits applied.
12.8 If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may:
(a) notify you of that cancellation and please provide other correct payment information; or
(b) cancel your order.
13.1 You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product.
13.2 If you select the substitute option for some or all of your Products in an order, then we will endeavour to provide you with a substitute Product:
(a) when the Product you have selected is not available; or
(b) if we are not able to supply the Product that you have selected to you.
We aim to select substitute Products that are of similar value and quality, but (subject to clause 13.5) we reserve the right not to provide you with a substitute Product even if a suitable substitute Product is available.
13.3 We provide you with an option to obtain a substitute Product for most Products.
13.4 If selected by you, then we will endeavour to provide you with a substitute Product where the price for that substitute Product is of equal or greater value than the Product you selected. If so, then we will charge you the price of the Product you ordered rather than the price of the substitute Product.
13.5 If there are missing items from your delivery, then you should check the receipt that we provided to you to determine if the missing Product is marked as out of stock. If so, then we will provide you with a credit to your account for the Products that were not supplied which may be used for future orders.
In all other circumstances, you may email Topshotz Billiards Customer Service Team (sales@topshotz.com.au.au) during Monday to Friday 9am to 5pm and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, then we will provide you with a credit for the Products that were charged but not delivered to you.
14.1 If you wish to return a Product that was provided to you, please refer to the Returns and Exchange Services for further information.
If your claim is valid, you must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may reject or deny your claim.
14.2 Clause 14.1 does not apply to perishable Products.
15.1 Important Information:
Product information accessed through this website is obtained from claims made by the products’ manufacturers on its labels. Please note that, on occasion manufacturers may alter their labels, thus we cannot guarantee or ensure the accuracy, completeness, and/or timeliness of any product information. We recommend that you do not rely solely on the information presented on our website and that you always read the label carefully before using or consuming a product to obtain the most accurate information. If you have specific nutrition or dietary concerns or questions about a product, please consult the product’s label and/or contact the manufacturer directly. We assume no liability for any inaccuracies or misstatements about product information listed on our website.
15.2 Picture & Presentation:
The actual packaging on the products you receive may be different from what you see on the website. We will try our best to update the most accurate picture. However, we can assure you the content, size and weight will be the same as what we present on the website. Additional items placed with product are for presentation only and will not come with the actual product that is ordered, we will not assume liability for miss presentation on the product sold. Should any customer have any questions pertaining to an image on any of the products presented on the website, feel free to contact Topshotz Billiards Customer Service Team (sales@topshotz.com.au.au).
15.3 Heat Sensitive:
Chocolate covered products or products made of chocolate will melt at around 98 degrees. Transit during the summer time might melt the chocolate; however it does not affect the edibility of the products. A helpful tip is to let the product cool down to room temperature for 2 hours before consuming it. Topshotz Billiards will not assume any liability shall the product(s) melt, stick together, and/or not retain its original shape.
You:
(a) must ensure that your Log in ID and password that is used to access the Site and the details of your account is kept in a safe and secure manner;
(b) must email Topshotz Billiards Customer Service Team (sales@topshotz.com.au.au) during Monday to Friday 9am to 5 pm if you are or become aware that there is or has been an unauthorised use of your Log in ID and password or account, or any other security breach relating to your account;
(c) must promptly advise us of any changes to your information provided to us as part of the customer registration process;
(d) must provide us with your date of birth to place an order or where relevant law requires us to obtain or verify your date of birth before we agree to supply that Product to you;
(e) are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
(f) are responsible and liable for any person that uses your Log in ID and password to order Product(s) through the Site;
(g) agree that we may charge you for all Products that we agree to supply to you that have been ordered using your Log in ID and password through the Site; and
(h) should check the labels on the Products before consumption or use.
You must not:
(a) use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(b) use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
(c) make fraudulent or speculative enquiries, purchases or requests through the Site;
(d) use another person’s details without their permission or impersonate another person when using the Site;
(e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f) tamper with or hinder the operation of the Site;
(g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
(h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
(i) modify, adapt, translate or reverse engineer any portion of the Site;
(j) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
(k) reformat or frame any portion of the web pages that are part of the Site;
(l) create accounts by automated means or under false or fraudulent pretences;
(m) use the Site to violate the security of any computer or other network or engage in illegal conduct;
(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(o) use the Site other than in accordance with these terms and conditions; or
(p) attempt any of the above acts or engage or permit another person to do any of the above acts.
18.1 We may:
(a) lock, suspend or delete your account or access to the Site at any time without prior notice to you; or
(b) cease providing the Site or any other product or service that may be available through the Site at any time.
18.2 If we lock, suspend or delete your account under clause 18.1(a), then we will refund all credits that you are entitled to receive under these terms and conditions by direct refund to your nominated account once we have conducted all our verification and other relevant checks.
You warrant that:
(a) all information and data provided by you to us through Topshotz Billiards (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b) the person receiving the Products at the Delivery Address is authorised by you to do so; and
(c) you have and will comply with all relevant laws relating to your use of Topshotz Billiards and your placement of any order to us.
20.1 Subject to clause 21.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
20.2 Subject to clause 20.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
20.3 Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
20.4 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
20.5 Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
21.1 We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
(a) the breach cannot be remedied; or
(b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.
21.2 You may stop using the Site at any time and for any reason.
21.3 We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered is no longer available or we are prevented from supplying the Products, in which case, we will notify you and valid payments will be returned in accordance with these terms and conditions.
Please refer to our Privacy Policy for terms and conditions. You acknowledge and agree to our privacy policy.
23 Intellectual property rights
23.1 You:
(a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
23.2 You may:
(a) store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
(b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
23.3 This Site contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions. If you have an order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.
25.1 The Site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that:
(a) we make no representations or warranties, or have any responsibility or liability for those websites; and
(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
You agree that you access and use the products and services made available at those sites solely at your own risk.
25.2 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
25.3 This agreement is governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
Capitalised terms used are defined in these terms and conditions. In these terms:
Contact Hours means Customer Service operating hours, Monday to Friday 9.00 am to 5.00 pm Australian Queensland Daylight Time.
Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
Log in ID means the email address that you provided to us as part of the registration process to use the Site.
Product means each good or service that is advertised on the Site.