Website Terms and Conditions

These terms and conditions apply to the use of this website, including the purchase of goods over this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions.

If you do not accept these terms and conditions, you must refrain from using the website. Access to this website is permitted on a temporary basis and we reserve the right to withdraw or amend access at any time.

These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.

If you have any queries in relation to any use of the website or these terms and conditions please contact

By Email: sales@tttonline.com.au

By Telephone: 0438 773 033

By Mail:               Factory 5, 272 Lower Dandenong Road
                           (Cnr of De Havilland Road)
                           Mordialloc VIC 3195

Terminology

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Karen Fox, trading as Turtle’s Trash and Treasure
(ABN 85 482 461 295).

Amendments to Terms and Conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended. It is important to be aware of any changes that may occur and as such we encourage you to check these terms and conditions from time to time to ensure that you remain aware of any changes that may have happened.

E-newsletter

You may sign up for our E-newsletter. We will send you emails on the proviso that you agreed to receive news, information about our activities and general promotional material which we believe may be useful to you. If you would like to unsubscribe, please follow the instructions at the bottom of your email.

Ordering procedure

By placing an order, you may offer to purchase goods described on this website for the price specified on this website. All orders are subject to availability and confirmation of the order price.

Your order must contain your name, email address, credit card details and any other ordering information specified on this website.

Within seven days of receipt of your order, we will at our discretion accept or reject your offer to purchase.

You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending.

We are not required to give reasons for rejecting your offer to purchase.

If we reject your offer to purchase the goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.

If we have not responded to you within seven days, your offer will be deemed to be rejected. We give no undertaking as to the availability of products advertised on this website.

Delivery of the goods to you will be effected in the manner described on this website. Title in the goods does not pass to you until payment has been received.

Dispatch times may vary according to availability and any guarantees or representations as to delivery are subject to postal and other delays outside our control. Risk of loss or damage to the goods passes to you upon dispatch.

Payment must be effected in the manner described on the website. Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.

The goods are offered for sale only to persons who can make legally binding contracts.

All amounts are stated to be in Australian dollars. All purchase prices include GST (where applicable) except where specifically stated otherwise.

Delivery costs will be charged in addition to the price stipulated.

You may pay for the purchased item on line via a Stripe account and payment will be processed in accordance with these terms and conditions. A surcharge may be applied to the use of credit cards.

Cancellation due to error

You acknowledge that despite our reasonable precautions, products may be inadvertently listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

Disclaimer

You use this website at your own risk. This website and its contents are provided on an as is basis and, except as and to the extent required by law, is provided without warranties of any kind, including but not limited to, implied warranties as to merchantability or fitness for purpose and non infringement.

Any information provided on this website is provided for general information purposes only and does not constitute advice particular to any specific set of circumstances. We do not represent that information on this website is accurate complete or current.

Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable. Subject to that:

we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site;
any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and
and except in relation to liability for personal injury (including sickness and death), we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this web site or respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

You acknowledge that:

prior to entering into these terms and conditions you have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of these terms and conditions and that prior to entering into these terms and conditions you have availed itself of that opportunity; and
at no time prior to entering into these terms and conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so.

The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to these terms and conditions (by virtue of any law relevant to these terms and conditions) is excluded.

Pursuant to s 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010

(Cth):

this sub-clause applies in respect of any of the goods or services supplied under these terms and conditions which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this sub-clause will not apply if you establish that reliance on it would not be fair and reasonable;
liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by ss 51–53 of that Law, is limited:
- in the case of goods, to any one of the following as determined by us:
  - the replacement of the goods or the supply of equivalent goods; or
  - the repair of the goods; or
  - 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;
- in the case of services, to any one of the following as determined by us:
  - the supplying of the services again; or
  - the payment of the cost of having the services supplied

Exception to disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Specific warnings

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.

Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

We make no warranty that goods acquired from us over this website will meet your requirements. In particular, we make no warranties of merchantability or fitness for a particular purpose.

Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

Copyright

We are protected by copyright laws and treaties throughout the world. Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than as may be authorised specifically within this website or for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
commercialise any information, products or services obtained from any part of this website; without our written permission.

You may display, store and print the material and content supplied for your personal use only. Nothing in these terms and conditions transfers any interest, title or ownership in any copyright material to you.

Trade marks

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark. No licence or interest in any of our trademarks is granted other than as specifically provided in these terms and conditions. Notwithstanding anything else in these terms and conditions, no title or ownership in any of our trademarks is transferred to you.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive;
in a manner that disparages us or our information, products or services (including this website).

Restricted use

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.

Indemnity

You release and indemnify us, our servants and agents against any and all actions, claims, proceedings and demands (including the cost of defending or settling any action, claim, proceeding or demand) which may be instituted against us arising out of a breach by you of these terms and conditions or arising as a result of your negligent or wilful misconduct in connection with the provision of information or material including about your contact details, delivery address or credit card details pursuant to these terms and conditions.

You release and indemnify us for any and all loss or damage (including without limitation any indirect or consequential loss or damage) we may suffer or incur as a result of any use by us of any information or material provided by you.

Links

In this website

This website may contain links to other websites (“linked websites”). Those links are provided for

convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

To this website

You may link to our homepage, provided you do so in a way that is fair and reasonable and that does not damage our reputation, but you must not link to our website in any manner that suggests an association, approval or endorsement that does not exist.

Except as otherwise specifically stated in these terms and conditions or on the terms of any agreement separately agreed by us, we give no licence to exercise any intellectual property rights in anything (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via this website (“materials”) and neither you nor any person permitted by you or subject to your directions or control who may be able to access any materials (“controlled persons”) shall exercise any such intellectual property rights, including the right to reproduce the materials. Without limiting the preceding sentence, any uses or disclosures (including reproductions and communications to the public) of any materials by you and by any controlled persons must be subject to you:

ensuring that those uses and disclosures are undertaken at your and their own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
ensuring that all links to any materials are never presented or useable in a way where the presentation or use of the link does not make it obvious to a viewer or user of the links or linked materials that the source of the materials is this website;
ensuring that anyone by whom your and their links to the materials may be used or disclosed are the same as those who may access the materials directly from this website;

ensuring that anyone by whom your or their links to the materials may be used or disclosed are not able to circumvent limits (including technological restrictions and as to location) applying in respect of the materials were the materials to be accessed or sought to be accessed directly from this website rather than via their links; and|
being otherwise subject to our directions, including any take down, cease or desist.

Latest Update: 9/7/2024

Terms & Conditions