Terms and Conditions
Updated 25 January 2022.
Definitions
“We”, “us”, “our”, the owner of the website, Stuart Graves
“You”, “your”, the user of the website.
“Terms”, these terms and conditions.
Agreement to these Terms of Use (terms)
By using this website, you declare that you have read and understood these terms.
If you have not read, understood and agreed to the terms, you are prohibited from using this website and must discontinue using it immediately.
Persons under the age of 18, or otherwise without the legal capacity to agree to these terms, are not permitted to interact with this website.
These terms may change at any time without notice, and if interacting with the website, you are under obligation to agree to and abide by the latest terms published on the website.
Jurisdiction
This site is administered from Victoria, Australia, and adheres to the laws of this jurisdiction. If you choose to use interact with this website from another location, it is your responsibility to ensure that doing so complies with the laws of the jurisdiction from which you access the website.
Prohibited Use
The following interactions with the website are not permitted:
Gaining unauthorised access to private content on the site
Use of the website or it’s contents for purposes illegal in either the jurisdiction from which the website is used, or illegal in the jurisdiction of the state of Victoria, Australia.
Use of the website in any manner inconsistent with these terms
Making detrimental submissions to the website, including transmission of material to the website or any associated email service that is illegal, offensive, incorrect, misleading, or in any way damaging to the website. This includes, but is not limited to:
Spam
Complete or partial computer code, including computer viruses
Circumvention of any security mechanism on the website, such as the cracking passwords or unauthorised access to encrypted content
causing a denial of the services of the website to other users
Any attempt to impersonate another user
Material intended to harass a person.
Use of this website deemed to be detrimental by the owner of the website may result in:
Blocking your access to the website
Removal of material you have submitted to the website
Closing of any account you have opened on the website
Legal action.
In the event that your access to this website is intentionally removed by the owner of the website, any circumvention of this prohibition is not permitted. This includes creating a new account under you name, another persons name, a fake name, or the name of any other party.
Intellectual Property
All content, trademarks and software, that can be found on this website is copyrighted by its owner. In no way does the owner of this website claim ownership over material owned by others. Use of any material on this website must comply with any licence applicable to the material.
If you believe that any material on this website contravenes any intellectual property rights that you control or own, please notify us in writing, providing:
Your name
The name of the copyright owner of the intellectual property
The material affected by the infringement
The clause in the terms and conditions or licence for use of the material that is alleged to be infringed upon.
Privacy Policy
By using this site, you agree to abide by and consent to the Privacy Policy.
If you are located outside of Australia, by using the website, you consent to transmitting your personal information to Australia.
Products
We make every effort to ensure the accuracy of information on the website. However, the accuracy of this information cannot be guaranteed. This includes item descriptions, pricing, and availability. In the event that a purchase is made based on incorrect information, the process described in the returns policy is to be followed.
You must agree to this returns policy before making any purchase.
We reserve the right to refuse any order placed through the website.
If you believe that an error has been made in any material on the website, please contact us in writing with what you believe to be the correct information. The decision to change the information is up to our discretion and cannot be guaranteed.
Shipping
You must agree and consent to the Shipping Policy before making a purchase.
Payments and Refunds
Payments may be made using PayPal or a Bank Deposit, in Australian dollars. Refunds may likewise be made using PayPal or a Bank Deposit, in Australian dollars.
You agree to pay all charges relating to your purchases and shipping fees.
If applicable, you authorise us charge your nominated payment provider for any amounts owing to us.
No GST applies to any pricing on this website. Tax invoices are not issued for purchases.
Dispute Resolution
Informal negotiation
All parties involved in a dispute relating to their use of the website agree to first attempt to negotiate any dispute informally, and to continue with this process until either the dispute is settled, or 180 days have elapsed. Only after the 180 days have elapsed may any party involved in the dispute lodge a case in a court or tribunal.
The 180 days starts when any party submits a request for this informal negotiation, in writing, and referencing this clause in the terms.
If this clause is found to be legally invalid or overridden by law in a particular case, then it no longer applies.
In court or a tribunal
Any legal action that may be initiated by either yourself as the user of the website, or the website owner, is to be handled in a court in Victoria, Australia. All parties waive any implied or express right to lodge a legal case in a different jurisdiction.
Limitation of Liability
This website is provided to you on an as-is basis. You agree that your use of the site is at your own risk. By using the site, you disclaim all warranties, express or implied, including those pertaining to:
The unauthorised access or tampering with your information stored on our server(s) by third parties
Any fitness for any purpose
Any damage, inconvenience, offence, loss of profit, loss of data, or any other loss, resulting from:
Software bugs, viruses or malware such as Trojan horses
Errors in content
User generated contents
Any lack of service, including downtime
Content transmitted from, linked to, or otherwise made available to you by means of the website
Third party links to other resources on the Internet
Any interaction with the website, directly or indirectly.
Third party links
We in no way endorse, check, or are responsible for, the content of any third party website or Internet service that this website may be linked to. You may not hold us accountable for any content on a third party website.
Use of third party websites is at your risk. If you choose to interact with a third party website, you should abide by the terms and conditions of that third party website.
User generated content
We are not responsible for any user submitted content, or any damage this content may cause to you. You agree that we are not liable for any corruption or loss of data that you have submitted to us, including that which pertains to you.
Modification of Content
We reserve the right to modify or remove any of the content on the website without notice. We are not liable to any damages or inconvenience that may result from these changes.
Denial of service
The website owner reserves the right to limit or block access to this site, for any reason, or for no reason, to any or all users, and without notice. We disclaim all liability for any inconvenience or loss that results from downtime or lack of access to any part of the website.
Contact
If you have any enquiry, concern or complaint regarding these terms, please email your enquiry to shop@stuartgraves.info.