Terms and Conditions

Terms and Conditions

Agreement with Purchase

When placing an order and/or accepting the delivery of any product from Sure-Fit Designs Australia, herein referred to as SFDA, you the purchaser, herein referred to as “purchaser,” agree to be bound by the following terms and conditions, without restriction, in their entirety, without modification, alteration, supplementation or amendment.  Please read the following terms and conditions expressed herein which will be in full force and effect with any and all purchase transactions and products delivered and accepted by “PURCHASER.”  Any purchase of goods on this site - www.surefitdesigns.com.au - assumes the “purchaser” has read and accepted these Terms of Use.  The final click validating the customer order implies full acceptance of these terms and represents the customer's 'digital signature'.

SFDA reserves the right to alter these terms and conditions at any time without written, oral, electronic or other communications to “purchaser.”  Any policy changes will be duly noted on the website and accessible at all times when the website is functioning.

Home Use Only

It is understood by “purchaser” that products sold by SFDA are sold for ‘Home Use Only” and not for any other third party commercial, manufacturing, electronic, or any commercial type of commerce.  SFDA products are copyrighted and protected by the Universal Copyright and under agreements with international countries.  SFDA reserves all rights therein.  The use of any copyrights, trademarks, logos or brands on the site is strictly prohibited.

Promos - Sale Prices - Special Promotions and Coupons

From time to time SFDA offers special product promotions, special sale prices, coupons and product codes.  At such time of SFDA’s choosing, these product promotions, coupons and products will be transmitted via print media, electronic media and explained in detail to “purchaser,” who may or may not choose to act upon such offers.  “Purchaser” understands and agrees that any offer made by SFDA, whether promo codes or coupons will have no cash value are not redeemable in cash at any time.

Special sale prices: Should SFDA reduce its price(s) on any shipped products within 10 days of your order/shipment, you may contact us and request a refund of the difference between the price you paid and the reduced selling price as long as it is an equivalent purchase.  To receive the refund you must contact us in writing via email within 14 days of your shipment.

Product Listings

Whereas SFDA makes every effort for accuracy in all product descriptions and specifications, drawings, photographs, illustrations, written and electronic instructions, product specifications, product  pricing, website information, social media listings and information, links and downloads, instructional videos, telephone contact, Skype contact, email contact and all related product and informational materials contained in SFDA’s products, websites, books, reference materials, electronic information and materials, that human error and/or unintended errors may appear.  SFDA does not guarantee or warrant any outcome, responsibility, or accuracy to “purchaser.”  SFDA reserves the right to make any changes, amend or correct any error, technical, typographical or other, change any product price or description at any time, to any products, websites, videos, communications and materials.  Other website addresses, hyperlinks, or contact information, are provided as resource and educational information only by SFDA.  SFDA does not warrant or assume responsibility for any representations or claims made by third parties.

Ordering Process and Orders

Payment as cleared funds are required from “purchaser” prior to SFDA accepting such and fulfilling the order and processing for shipment.  “Purchaser” may make payment under various choices, including Credit Cards, PayPal, Direct Deposit, or Pay on Collection, and other means as may be provided from time to time.  Prices are displayed on every product and “purchaser” agrees to pay amounts as indicated, plus an allowance for Shipping & Handling costs (if applicable) as indicated on Check-Out.

Data Protection

All personal data you provide at the time of purchase is used to process your order, and will be treated in the strictest confidence and will not be passed on or sold to any other organization or business.  Your data is collected solely for the purpose of processing and delivering your order, and future informative communications about products and events.  You may cease any further correspondence at any time by sending us an email with your request to "opt-out."

Loss of Goods and Risk

It is the responsibility of SFDA to process, package and ship any order properly paid for by “purchaser” within a reasonable time.  “Purchaser” must provide clear and accurate address information for proper delivery by shipping agent or carrier.  Whereas SFDA will do everything in its power to process, package and ship any and all orders in a professional and responsible manner, the risk of loss or damage passes to “purchaser” upon delivery of shipment to a proper shipping agent or carrier.  SFDA will monitor delivery by shipping agents or carriers, on a best efforts basis, but will not be responsible for delays in shipments, delivery, or damages.  “Purchaser” understands that acts of God, terrorism, Government tariffs, duties or fees, acts of governments whether in Australia or any international government, fire, floods, strikes, freight embargoes, are outside of the control of SFDA and solely the responsibility of “PURCHASER.”

Jurisdiction - Governing Law - Venue

All disputes concerning the validity, interpretation, or performance of this agreement and any of its terms and conditions, or of any rights or obligations of the parties hereto, shall be governed by and resolved in accordance with the laws of the State of Queensland, Australia.  It is agreed that the parties submit to the non-exclusive jurisdiction of the State of Queensland in respect to any dispute regarding this agreement.  Further SFDA and “purchaser” agree that there will be no review, validity, interpretation, involvement or performance by the United Nations Convention on International Sale of Goods.  “purchaser” agrees not to bring any dispute or legal action against SFDA after more than 3 months from the date of any order placement, based on any legal theory whether contract law, tort law, equity law, or otherwise.  Any claim or dispute will be null and void after 3 months from the date of any order placed by “purchaser.”

Severability

Nothing contained in this Agreement shall be constructed as requiring the commission of any act contrary to law.  Whenever there is any conflict between any provision of this Agreement and any present or future statue, law ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the provision of this Agreement thus affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.  In the event that any party, article, paragraph, sentence or condition of this Agreement shall be held to be indefinite, invalid or otherwise unenforceable, that indefinite, invalid or enforceable provision shall be deemed deleted, and the remaining part of the Agreement shall continue in full force and effect.  If any tribunal of court of competent jurisdiction deems any provision hereof unenforceable, such provision shall be modified only to the extent necessary to render it enforceable and this Agreement shall be valid and enforceable and the parties hereto agree to be bound by and perform same as thus modified.

Further Assurances

Each of the parties shall, upon request of the other party, execute and deliver such additional documents as may be necessary or convenient for the purpose of evidencing or perfecting any rights or interests arising hereunder.

Waiver

No waiver by either party of any breach or series of breaches or defaults in performance by the other party, and no failure, refusal or neglect of either party to exercise any right, power or option given to such party under this Agreement or to insist upon strict compliance with or performance of the other party’s obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof to require exact and strict compliance with provisions thereof.

Entire Agreement

This Agreement, together with and including any and all invoices regarding products ordered and purchased by “PURCHASER,”  contains all of the terms and conditions agreed upon by the parties hereto with reference to the subject matter hereto.  No other agreements, or contemporaneous proposals, understandings, representations, conditions, warranties, whether written, oral or electronic or otherwise transmitted, shall be deemed to exist or to bind either of the parties hereto.  This Agreement cannot be modified or changed except by written instrument agreed to and signed by both parties.

Disclaimers And Limitations of Liability

Maximum liability to SFDA is expressly limited to the purchase price of products purchased by “purchaser” in all circumstances without exception.  SFDA shall not be liable for any claim or action of contract, tort, contribution, or indemnity, or other claims relating to the products sold by SFDA that exceed the liability limit.  SFDA shall not be held liable for any third party claims for damages against “PURCHASER,” and further “purchaser” agrees to hold SFDA harmless in any such action or claim.

User of the SFDA websites expressly agrees that use of SFDA websites is at User’s sole risk and is offered by SFDA on an “as is” and “as available” basis.  Neither directors, officers, employees, licensors, agents, third party content providers, merchants,  sponsors, consultants, or the like, warrant that the websites will be error-free or uninterrupted at any given time, further they do not make any warranty as to results obtained from the use of SFDA websites or to accuracy, reliability or content, service or merchandise provided through SFDA websites.  Any party creating, producing or distributing on behalf of SFDA, will under no circumstances, be held liable for any direct, indirect, incidental, special or consequential damages to “purchaser” or any third parties.  “Purchaser” agrees to hold SFDA harmless for any unintended activities to the websites resulting in malware, or viruses, resulting in or causing disruption or damage to any of PUR’s computers, cell phones/smart phones, tablets or other instruments used to access SFDA’s websites and further agrees to hold SFDA free of any claim for damages, losses or liability for any such action.