Conditions of Trade
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND STOCKING OUR PRODUCTS.
WARNING: This is an important document which we recommend you read carefully before you agree to our terms and conditions of trade.
If you choose not to read these terms and conditions of trade, by purchasing products or services from Chimoo Pty Ltd T/A Chimoo you become legally bound by these terms and conditions of trade. If you breach these because you are unaware of the terms and conditions of trade, it is within the rights of Chimoo Pty Ltd T/A Chimoo to either suspend or terminate your contract if we believe it is necessary to do so.
- The word “supplier” refers to Chimoo Pty Ltd T/A Chimoo, as well as anyone acting on behalf of and with the authority of Chimoo Pty Ltd T/A Chimoo.
- The word “client” refers to the person/s buying goods through the Chimoo website.
- The word “goods” defines any goods or services supplied by Chimoo Pty Ltd T/A Chimoo to the client.
- The word “price” relates to the price the goods or services will cost, that has been agreed upon by the supplier and client.
- The client has accepted the terms and conditions of trade involved with purchasing goods and is bound by these if they place an order or accept the delivery of an order.
- The client should only be purchasing the goods from the supplier to resell in a retail environment. If the supplier has any reason to believe that the client is breaching this clause then the supplier has the right to either suspend or terminate supplying goods to the client without any liability.
Method of Payment
Payment may be made by Paypal / Credit Card.
Change in Control
The client is required to give the supplier 14 days or more written notice if there are any proposed changes to ownership or the client’s details, including changes to the client’s name, address, phone or fax numbers or business practice. If a client doesn’t fulfil this clause, they are liable for any loss that is experienced by the supplier due to this.
Price and Payment
The price is at the supplier’s discretion and can either be:(a) The price indicated on the invoice that a supplier provides for the client
(b) The price on the date of the goods delivered, which is on the supplier’s current price list
(c) The discounted that has been discounted and is identified within the Supplier’s Clearance Deal Sheet.
(d) A deposit may be requested on a goods purchase, which is at the supplier’s sole discretion.
The time when the goods must be paid for by a client is on the date/s allocated by the supplier, which may be:
(a) Before the goods are delivered;
(b) Through instalments that have been arranged with the supplier’s payment schedule;
(c) Payments may be made in a range of methods outlined by the supplier, including credit cards, electronic or online banking.
Any risk of damage or loss of goods is the responsibility of the client after the goods leave the supplier’s premises. So it’s recommended that the client insures the goods before delivery.
If any of the goods have been damaged or destroyed after dispatch but before ownership has passed to the client, the supplier is entitled to receive all the insurance proceeds from these goods. Citing these terms and conditions of trade from the supplier is enough evidence for the supplier to be reimbursed without any other parties dealing with the supplier.
If a client wants goods to be left outside the supplier’s premises or alternatively be delivered to a location where these will be left unattended, loss of goods is at the client’s risk.
If the supplier holds onto any property for the client it is held at the client’s sole risk.
The supplier is not liable for any misrepresentation made to the client by the supplier and has no right to rescind, cancel the contract or sue for damages. The client must be aware that goods are purchased through the supplier based on their own judgement and knowledge.
If the supplier offers any advice to the client this is only given in good faith and the client must be aware that the supplier is not liable for any claims based on the advice given.
Both the client and the supplier agree that ownership of the goods does not occur until:
(a) The client has paid the supplier for the total cost of the goods transaction;
(b) All obligations that the supplier has requested have been met.
If the supplier receives any form of payment other than cash, unless it has been agreed to by the supplier, then the ownership of the goods will not transfer to the client.
It is within the supplier’s rights to cancel any contract or delivery of goods to which these terms and conditions of trade apply by providing written notice to the client. After giving notice the supplier will reimburse the client for these goods without accepting any liability for the cancellation.
If a client decides to cancel a goods order they accept full liability for the cost of any direct or indirect loss of profits which occurs.
There are no order cancellations after production has started on goods that have been manufactured to a client’s specifications or for any items not on the stock list.
If a supplier fails to enforce the terms and conditions of trade it doesn’t mean this is a waiver for the client or that these won’t be enforced at some point in the future by the supplier. The supplier has every right to choose when and if they want to enforce these conditions. It’s also within the supplier’s rights to choose which provisions of these terms and conditions of trade to enforce.
These terms and conditions of trade and any contract to which these apply are governed by the state laws where the supplier’s principal place of business is located.
The supplier is not liable in any way to the client for any loss of profit or expense caused by the direct or indirect breach of these terms and conditions of trade or alternatively the supplier’s liability should only be limited to damages which won’t exceed the price of the goods.
The client isn’t entitled to deduct from the price of the goods any sum that is owed or they claim to be owed by the supplier, as well as withhold an invoice payment relating to a debt under dispute.
It’s within the client’s rights to license or sub-contract all or any part of its rights and obligations without the consent of the client.
The client agrees that it’s within the supplier’s rights to amend these terms and conditions of trade at any time. Any changes will take effect on the date the supplier notifies the client of these changes. If a client requests further goods from the supplier after this notification then the supplier will accept this as the client has agreed to these amendments.
If the client enters into this agreement after receiving all the necessary authorisations, then this agreement is binding and has valid legal obligations.
Any material provided on this website is for information purposes only and is not intended to replace medical advice or be a treatment for any medical condition. Whilst all reasonable care is taken to ensure the information provided within this website is accurate, Chimoo.com.au cannot verify the findings and materials produced by third parties that may be included within this website. Should you have any concerns about your health, are starting any health or nutritional related treatment, or for any questions you may have regarding your own or any other party’s medical condition we encourage you to consult a healthcare professional.
If you are purchasing goods on the website, you, the client, must be 18 years of age or over and be aware that your transactions have binding legal obligations which you must fulfil.
Storing Information from the Website
Securing Information from the Website
When you purchase goods through our website we, the supplier, ensure the transaction is secure to safeguard your personal information by using Secure Sockets Layer (SSL) encryption technology. The encryption process stops your information from being accessed or altered by an unauthorised source, safeguarding it from being sold or used for any illegal purposes.
Information Collected from the Website
When you, the client, purchases goods through us, the supplier, we may collect your personal information through the order form. This enables us to be able to process your transactions efficiently, as well as analyse the performance of our website services and provide a higher level of customer service (which may include either promotional or informative activities).
We, the supplier, may also collect information or tracking data for statistical purposes that will allow us to provide a higher level of service and see how the business is performing and determine areas for improvement.
This information or data includes:
(a) Client’s IP address
(b) Date and time of website visits
(c) Client’s activity on this site
(d) If any referring sites funnelled clients to the supplier’s site
(e) Technical information of the client’s browser, operating system or device.
Information Released from the Website
We, the supplier, will only allow information about you, the client, to be accessed if you authorise this, it’s required by law or if we require the information in order to provide goods to you e.g. to third party suppliers or delivery companies. We, the supplier, will only provide third parties with sufficient information for them to be able to deliver their services and it is illegal for them to be able to use this information for any other purpose.
Apart from what is outlined above, we, the supplier, will not share, sell, rent or lease you, the client’s, information to third parties. We will also only disclose your personal information to staff that are involved in the sale or website transaction process and that’s relevant to ensuring you have accurate information about the goods you are interested in or the goods are processed efficiently.
You, the client, are entitled to access any personal information we, the supplier, have regarding you and you also have the right for any inaccuracies in this information to be corrected by us within 14 days of us receiving this request.
Cookies from the Website
We, the supplier, use a technology called cookies which send data to your computer to provide us with information regarding site usage and traffic information. These cookies will not read your hard drive or collect information, but instead enable our website to recognise when you are accessing our site.
We, the supplier, accept no responsibility or liability for any malicious code that results in contaminating or causing destructive properties to your computer or property as a result of you, the client, accessing our site or downloading any materials such as data, text, video, images or audio.
Web Copyright and Trademarks
The contents of our website are either our copyright or trademark property or the property of our suppliers or linked third parties. You, the client, cannot redistribute, reproduce, publish or display any content of this site without our prior written approval or the approval of our applicable suppliers or third parties. Furthermore, the client agrees to cover any claims, costs, damages or losses that are incurred by us, the supplier, if you fail to abide by this clause.
Web Advertisers and Linked Sites
By displaying an advertisement or link to a third party website does not mean that we, the supplier, endorse the third party provider’s website content or their business practices. As we do not have control over any content on these websites, access to these is at your own risk and we recommend that you review the third party website’s conditions of use and privacy policies on accessing these sites.
Web Specifications and Information
Both the specifications and information that we, the supplier, provide on our website are published in good faith and is based on our knowledge and experience, or the information we have been supplied by manufacturers or suppliers. We recommend if you, the client, has any concerns regarding the suitability of the goods you are purchasing for a specific purpose that you contact the supplier or seek an opinion from a professional.
By publishing this website we, the supplier, make no claims about the appropriateness or suitability of any products or treatments. We, the supplier, are not a health care professional and have no medical training. Neither the statements or information made regarding the products we have listed on our website have been assessed by the Therapeutic Goods Administration (TGA) and are not intended to prevent, cure or treat any health condition or disease.
We, the supplier, provide general information that’s intended to educate and inform. It is not a substitute for a professional medical opinion or diagnosis, as well as the medical or preventative care of a health care professional, specialist or health care provider.
All medical, dietetic, nutritional or therapeutic decisions and treatments should be made in consultation with a health care provider. If you are receiving treatment for any medical condition and you’ve been using products from our site that you’ve been recommended from your health care provider, do not discontinue any treatment without consulting your health care provider first.
Also you, the client, is aware and accepts that the colours of the items displayed on our site may not reflect the actual colour of these products as external influences such as image quality, age or the settings on your monitor may be at fault. While we will do our best to ensure the colours of these items are true-to-life, but this is not always possible due to influences that are outside of our control. If this is a concern then contact us, the supplier, before purchasing any goods.
Goods displayed on this website are not guaranteed to be available and are subject to confirmation of acceptance by the supplier. The time frames of orders being received will also be confirmed between you, the client, and the supplier.
We, the supplier, cannot guarantee an uninterrupted service provided by this website as technical issues, maintenance or scheduled upgrades may be required from time-to-time. While we will try to keep the number of scheduled interruptions that occur to a minimum and do our best to give you warning when this will be occurring, we, the supplier, accept no liability for any website downtime.
Termination of Web Access
Access to our website is at our discretion and can be terminated at any time without notice or any need for us, the supplier, to provide a reason. It is an unlikely event that you, the client, will be terminated, unless you breach the terms and conditions of trade of our website or don’t fulfil the purchasing agreement you entered into when buying goods on our website through our suppliers. If you, the client, are no longer allowed access to our website because you have been terminated, we, the supplier, have no liability to you even in the event of any direct or consequential loss suffered.