Effective Date: 1 July 2016
1.1 The Stripey Horse® Pty Ltd ABN 78 612 179 923 (‘We’, ‘Our’, ‘Us’) is bound by the Australian Privacy Principles contained in the Privacy Amendment (Enhancing Privacy Sector) Act 2012 (Cth) and the Privacy Act 1988 (Cth).
1.2 We have to have policies and procedures in place in order to protect personal information that We collect about you.
2. Personal Information
2.1 Personal information is information or an opinion relating to an individual that can be used to identify that individual.
2.2 We may only collect your personal information in order to perform the function of Our services and business, for record keeping purposes, to improve the quality of Our services and business, for market research, and to track the sales of Our products on Our Website (‘Our Services’).
2.3 You have a right to gain access to the personal information that We hold about you. However, should there be any governing law that will prevent Us from allowing you to access your information We will provide you with the reasons for the denial of access.
3. Collection and use of personal information
3.1 We may only collect personal information in order to perform the function of Our Services.
3.2 We may collect personal information about you from Our registration forms, Website, telephone conversations, e-mails, social media interactions and other written and verbal communications. The kinds of personal information we collect and hold will depend upon the information you choose to disclose to us. We may, for example, keep a record of your name, date of birth, occupation, address, telephone numbers, e-mail address, social media addresses, financial information, previous purchases from us and interests.
3.3 Your personal financial information will include, but is not limited to, financial data such as credit card numbers (including expiry date and CCV), bank account details; for example, financial institution branch, BSB and account details; invoice and account information; and other monetary information about you.
3.4 We may use and disclose Your personal information in order to conduct Our Services; to communicate with You; to comply with legal obligations; and to help improve Our Services.
3.5 We will comply with all relevant laws relating to Your personal information.
3.6 The personal financial information that You provide to Us will only be used for the purpose for which You have provided it and unless authorised by law, not disclosed to any other party unless Your written consent to do so has been obtained.
3.7 In order to conduct our business, we have appointed organisations or may appoint other organisations to carry out activities on our behalf. These may include (but are not limited), for example, delivery organisations, finance providers, third party suppliers and agents. These third parties may have access to your personal information needed to perform their function but cannot use that information for other purposes.
3.8 Some of the organisations are situated outside of Australia. In order to meet your requirements, we may need to transfer your personal information to these countries, some of which do not have laws that protect privacy rights as extensively as in Australia.
4. Collection and use of information through Website access
4.1 Our Website can be located at www.thestripeyhorse.com.au (‘Website’)
4.2 We may collect certain information on the Website activity of users.
4.4 We take great care to protect your personal information on Our Website; however, no data transmission over the internet can be guaranteed to be secure.
5. Third Parties
5.1 Our Website may contain external hyperlinks to other sites (third parties) whose information practices may be different than Ours. You should consult the other website’s privacy statements.
5.2 We are not responsible for what those parties do with your information.
6.1 The security of your personal information is important to Us.
6.3 We take reasonable precautions to ensure that the information We hold about you is accurate, complete and current. We request that you advise Us of your most recent personal information and keep Us up to date in respect of any changes to that information.
6.4 You agree that information sent through the Internet may not be secure and You agree also that sending Us any information in that manner (including via Our Website) is entirely at your own risk.
7. How to contact us
7.2 If at any time you decide that We should no longer hold any of your personal information, or wish to change the use to which any such personal information can be put, please let Us know by emailing Us at this address.
8.1 We reserve the right to revise this policy or any part of it from time to time. Please review the policy periodically for changes.
9. How to make a complaint
9.1 If You have a complaint about how We are handling your personal information you can contact Us.
9.2 We believe in doing right by Our users and want to do right by You.
9.3 If You are not satisfied that We can resolve your complaint you can raise your concern with the Office of the Australian Information Commissioner:
Phone: 1300 363 992
Mail: GPO Box 5218 Sydney NSW 2001 or GPO Box 2999 Canberra ACT 2601
TERMS AND CONDITIONS
10.1 These terms and conditions (‘T&Cs’) as amended from time to time, apply to the ordering, purchase and delivery of goods from Our Website.
10.2 Please read these T&Cs before using Our Services and Website. The T&Cs may change with or without notice. If you do not understand these T&C’s or you need more assistance please contact us at email@example.com.
10.3 By using our Website, you agree to be bound by these T&Cs.
11.1 A separate contract is formed each time you place an Order with Us.
11.2 To avoid doubt, all orders placed are an offer of purchase, and are subject to acceptance by Us. We reserve an absolute right to refuse to accept an offer for any reason.
11.3 Once We accept the offer made by you, We will charge you, and you agree to pay, the purchase price and the delivery fee. You authorise Us to charge all fees incurred by you, in relation to your order, to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay Us all amounts due on demand.
11.4 All prices displayed on the Website or quoted by an authorised representative of Us are in Australian Dollars and are inclusive of GST.
11.5 Full payment for products must be made at the time of purchase, unless otherwise agreed between you and Us. We will not deliver or arrange for delivery of any products until payment for those products has been received in full.
11.6 Title and risk to the products purchased by you, will only pass to you upon full payment being received by Us.
11.7 We will use reasonable endeavours to ensure that we have sufficient stocks necessary to satisfy orders, but you acknowledge and agree that we do not guarantee that we will have sufficient stocks to fulfill your order. In the event of the requested products being unavailable, we will offer a similar alternative or provide you with a refund.
11.8 We accept payment by way of Visa or Mastercard.
12.1 We will contact you following the acceptance of your order to provide you with an estimated time of delivery. The estimated time of delivery will depend on Our carrier companies estimates and will be dependent on the location of the delivery and the weight and size of your order.
12.2 We are not and will not be liable for any loss or damage, howsoever it arises, if the products are not delivered by the estimated time for delivery.
12.3 You must be available to collect the product at the estimated time for the delivery and location. If you are not available at the estimated delivery time and location, then we reserve the right to charge an additional reasonable delivery fee.
12.4 It is your responsibility to ensure correct delivery address details are provided to Us. If the delivery is made to an incorrect address as nominated by you then, an additional reasonable delivery fee will be charged to you for re-delivery to the correct address.
12.5 Deliveries will be made only on a business day and We are not able at this time to give an exact time of delivery.
13. Refunds and Exchanges
13.1 We do not offer refunds except as required by Australian Consumer Law.
13.2 We offer a no questions asked exchange of your purchase provided it is returned to us within 7 days and is in the original packaging and in a saleable condition. You are responsible for the shipping costs and any associated delivery charges to Our store at 1/890 Beaufort Street, Inglewood WA.
13.3 Please contact us within 3 days of receiving a damaged or incorrect product in Your delivered order.
13.4 The damaged item must be returned to Our store at 811 Beaufort Street, Mount Lawley at your cost. We will then assess the product and if deemed damaged or faulty on delivery to You we will replace it, ship and deliver the replacement to you at Our cost. We will also refund a reasonable amount for the shipping incurred by you to return the damaged goods.
14. Limit of Liability
14.1 To the extent permitted by law, our directors, officers, employees, agents, contractors, successors or assigns, will not be liable for damages of any kind, including without limitation any compensatory, incidental, direct, indirect, special punitive or consequential damages, loss of use, loss of data, loss of income or profit, loss of damage to property, claims of third parties or other losses of any kind, caused by negligence or deliberate acts or otherwise, arising out of or in connection with the products displayed on the Website or otherwise sold by Us, the use of this Website or any website with which it is linked. To avoid doubt, this includes, but is not limited to, the transmission of any computer viruses or anything else that may interfere with or damage the operations of your computer systems.
14.2 To the maximum extent permitted by law, we do not provide warranties on any products or services offered or otherwise sold by Us.
14.3 The manufacturer or supplier of the products provides product warranties. If an item malfunctions and is under warranty, you should contact the manufacturer or supplier directly and the manufacturer or supplier can assess and provide repair/replacement as per the conditions of the warranty.
14.4 Nothing in clause 14.3 restricts, modifies or excludes any condition or warranty implied into these T&C’s, or any liability imposed upon Us by the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), by any Australian law (including without limitation, the Competition and Consumer Act 2010 (Cth)) if to do so would contravene that law, or make any part of these T&Cs void. To the extent permitted by such laws, where we are in breach of any conditions or warranties implied by law, its liability for such breach is limited, at Our option to:
(a) the replacement of the products that are the subject of that breach; or
(b) the payment to you of the purchase price paid by you to Us for those products.
14.5 We reserve the right to seek all remedies available at law or in equity for any breaches of these T&Cs by you, and may suspend your account, or block access from a particular internet address to this Website. Any failure by Us to exercise or enforce any one or more of these rights under these T&Cs will not constitute a waiver of any or such rights.
15. External hyperlinks
15.1 We are happy for you to hyperlink to our Website. We reserve the right to revoke this permission and or deny any person, entity or organisation howsoever defined, permission to link to Our Website.
15.2 At times our Website may contain hyperlinks to external websites. We are not responsible for and do not endorse any material contained in any external hyperlinked website, nor do We endorse or make any representation about the linked website or the organisations referred to on that website. By accessing those hyperlinked external websites, you must consider that website’s terms and conditions.
15.3 To avoid doubt, We do not provide any warranty regarding the accuracy or fitness for purpose of any material contained in such hyperlinked websites including but not limited to, demonstrations on the usage of the products which we sell.
16. Intellectual property
16.1 The content on our Website belongs to Us, or to someone who has given us permission to use it.
16.2 The Stripey Horse® logo and name is a registered trademark and is protected by Australian and international trademark law and cannot be used without Our prior written consent.
16.3 All content on this Website, including but not limited to text, graphics, logos, photographs, audio and video clips and data compilations is the exclusive property of Us or its content suppliers and protected by Australian and international copyright laws. The expression of all content on this Website is Our exclusive property and is protected by Australian and international copyright laws.
16.4 To avoid doubt You must seek Our written permission prior to the publication of any aspect of Our Website except as provided by in clause 15.1.