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Terms and Conditions

In these terms and conditions, “we” “us” and “our” refers to James&Co (Australia)  Pty Ltd t/as James&Co.  Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.  

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

Registration

  1. In order to access some of the services provided on this website, you are required to register. You must complete registration by providing certain information as set out on our membership/registration page.  Please refer to our Privacy Policy for information relating to our collection, storage and use of the details you provide on registration.
  2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
  3. On registration, you will be required to provide a password. On registration you agree to pay for our services as set out on our website.  
  4. We reserve the right to terminate your membership at any time if you breach these terms and conditions.

Pricing

  1. All prices are in Australian Dollars (AUD) and are inclusive of GST.
  2. Prices do not include any duties or taxes that may be added to your package by a destination country outside Australia.  You will be responsible for these charges upon delivery and they are not included in your order total.  We will not be able to advise you of the amount for these charges as they are based on your country’s regulations and we have no control over these charges.
  3. All credit cards are charged in Australian dollars. Non-Australian currency figures are all approximations based on an exchange rate.
  4. Payment types accepted are American Express, Mastercard, Visa, Paypal, Amazon Paymens, Apple Pay. 
  5. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.

Product Descriptions

  1. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate.  Where we become aware of any misdescription, we reserve the right to correct any error or omission.  
  2. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Product Orders

  1. Our products are for sale to adults over the age of eighteen (18) years.  By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
  2. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
  3. Information about applicable postage charges for destination countries outside Australia can be found at Delivery.
  4. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details.  We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

Order acceptance

  1. All orders placed obtain pre-approval for your chosen method of payment. Charges will be made on your credit card at the time of approval.
  2. All orders will receive an email acknowledging the details of your order and including your paid invoice.
  3. If there is any reason why your order cannot be fulfilled after acknowledgement, for example the product is currently out of stock, we will contact you by email to discuss refund or exchange.

Delivery

  1. Delivery of your ordered product/s will be as set out at Delivery.  There are no additional charges incurred on orders for delivery.
  2. The delivery times provided by us are estimates only.  While every effort is made to meet the estimated times, there may be circumstances beyond our control and we will not be held accountable for late deliveries or loss or damage relating to late deliveries.  

Order Cancellation

  1. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction.  Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
  2. We reserve the right to refuse order cancellation if products have been despatched.  We will accommodate order cancellations if notified before products are despatched.

Product Returns

  1. Our Returns Policy can be found here. This policy forms part of this agreement and we agree to provide refunds in accordance with this document.

Site Access

  1. When you visit our website, we give you a limited licence to access and use our information for personal use. 
  2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.
  3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
  4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website. 

Hyperlinks

  1. This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. 
  2. You may link our website with our consent.  Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. 

Intellectual Property Rights

  1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
  2. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
  3. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property.  If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. 
  4. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright. 

Disclaimers

  1. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. 
  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.  
  3. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Statutory Guarantees and Warranties to Consumers 

  1. Our products come with guarantees that cannot be excluded under the Australian Consumer Law.  Your rights under these guarantees are encapsulated in our Returns Policy which can be found here.

Indemnity

  1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.  

Force Majeure

  1. We will not be liable for any delay in performing any of our obligations under these Terms and Conditions if such delay is caused by Force Majeure and we will be entitled to a reasonable extension of time for the performance of such obligations.   “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control. 

Jurisdiction

  1. These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
  2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy 

  1. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
  2. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be found here.
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