The owner and operator of this site is Communicate31 Pty Ltd (ABN 67 127 204 059 ). By purchasing products from Communicate31 Pty Ltd through this website the purchaser (“Customer”), agrees to the following terms and conditions of sale.
1.1 Upon the Customer confirming its purchase order the Customer agrees to purchase the products in the Customer’s “shopping cart” for their price including GST and any postage and handling charges as applicable.
1.2 Communicate31 will send the products to the Customer as soon as practicable after it receives payment for the products.
1.3 The Customer warrants that it will not purchase products for the purpose of commercial resale.
2. Defective products
2.1 If the Customer purchases a defective product from Communicate31, the Customer must return the product to Communicate31 within 28 days of receiving the product, with a copy of the invoice for the product and a brief letter which includes the Customer’s details and identifies the defect in the product.
2.2 If the product is defective, Communicate31 will in its discretion, either:
(a) replace the product; or
(b) provide a refund of the price of the defective product to the Customer.
2.3 Communicate31 will not accept any liability for any defective products which the Customer does not return in accordance with clause.
2.4 In no case shall the maximum liability of Communicate31 exceed the price of the product in respect of which a claim is made.
3. Stock availability
3.1 The Customer shall not be entitled to object if information about products on the Website is not correct or if advertised products are not available or if images of products differ from the actual products.
3.2 If the Customer pays for a product which Communicate31 cannot supply Communicate31 will refund the price of that product to the Customer.
3.3 Prices, offers and stock availability may vary between vystopia.com and other retail outlets.
4. Products sent to incorrect address
4.1 If the Customer does not receive products it has purchased within 40 days of the date of purchase Communicate31 shall not be liable to the Customer for those products unless the Customer notifies Communicate31 within 40 days of the date of purchase.
4.2 If a product is not received by a Customer because it was sent by Communicate31 to an incorrect address due to an error by Communicate31 then Communicate31 shall be responsible for the resending or replacement of the product or refunding of the price of the product.
4.3 If a product is not received by the Customer because the Customer provided an incorrect or insufficient address, then:
(a) subject to clause , if the product is returned to Communicate31, Communicate31 will resend the product to the Customer provided that the Customer first pays the cost of postage and handling for resending; or
(b) if the product is not returned to Communicate31, then Communicate31 shall have no further responsibility.
5. Non-claimed products
If products which a Customer has purchased are returned to Communicate31 by a person other than the Customer and Communicate31 cannot, despite reasonable efforts, contact the Customer or the Customer does not contact Communicate31 within 3 months of products being returned to Communicate31 then ownership of the products will revert to Communicate31.
The Customer agrees not to hold Communicate31 liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
7. Passing of risk and ownership
7.1 Communicate31 does not accept any liability for products after it has sent the products to the Customer.
7.2 Ownership of products purchased by the Customer shall pass to the Customer upon Communicate31 sending the products to the Customer.
8. Limitation of liability
8.1 Communicate31 shall not be liable to the Customer for refunding the price of products or replacing or exchanging products which the Customer purchases through Communicate31 website(s) other than as set out in these terms and conditions.
8.2 Communicate31 shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase.
9. Site access
The Customer agrees not to use any device, method or software to interfere with the proper functioning of this site including but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.
10. Intellectual property
10.1 The Customer agrees that the content which the Customer accesses, views or downloads and the software used to create it, remains the intellectual property of Communicate31.
10.2 The Customer agrees not to modify or alter the content of the website in any way, or make it available to any third parties.
12. Governing law and jurisdiction
These terms and conditions are governed by, take effect and will be construed in accordance with the laws of New South Wales, Australia, and the Customer irrevocably and unconditionally agrees to submit to the exclusive jurisdiction of the courts in New South Wales, Australia and courts entitled to hear appeals therefrom.