Terms & Conditions
CLASSICA INTERNATIONAL PTY LTD – CONDITIONS OF SALE
In these conditions:-
1.1. “Classica International” means Classica International Pty Ltd ABN 63 149 484 382
1.2. “You” means the person who places an Order, or on whose behalf an Order is placed, for Goods with Classica International
1.3. “Goods” means the goods described on the front or in the Order
1.4. “Order” means an order for Goods submitted by You to Classica International
1.5. “Invoice” means Classica International invoice to You
1.6. “Charges” means the price agreed in writing between the parties or, in the absence of such agreement, the amount calculated under Classica International current price list, plus any freight charges and any tax including a goods and services tax (“GST”) levied on a transaction of supply under these conditions.
2. CLASSICA INTERNATIONAL RIGHT TO REJECT AN ORDER
Classica International reserves the right to accept or reject your Order in whole or in part.
3.1. You must pay the Charges by direct deposit, cheque, or cash within the terms of your agreement with Classica International COD / (7) days from the date of Invoice/ (30) days from the date of Invoice.
3.2. Classica International may charge interest on any overdue payment at 3.5% calculated daily from the due date stipulated until payment.
3.3. You may not withhold payment of any amount of an Invoice.
3.4. Classica International prices represent the exclusive value of the supply for GST purposes unless specifically stated to include GST.
Delivery takes place on the date and time the Goods are left by Classica International at the address nominated by You as the delivery address.
5. PROPERTY AND RISK
5.1. You accept the risk of loss, damage or deterioration of the Goods from the time of delivery.
5.2. Classica International reserves the following rights until You pay the Charges:
5.2.1. ownership of the Goods;
5.2.2. the right to enter your premises (or the premises of any associated company or your agent where the Goods are held) without liability for trespass or any resulting damage and retake possession of the Goods; and
5.2.3. the right to keep or re-sell Goods repossessed under clause 5.2.2.
5.3. If You fail to pay the Charges on the due date, then in addition to any other rights or remedies to which it is entitled, Classica International may in its absolute discretion:-
5.3.1. withhold supply and delivery of any further goods; or
5.3.2. enter upon your premises and remove the Goods.
6. EXCLUSIONS AND LIMITATIONS
6.1. Subject to 6.3, Classica International excludes from these conditions all conditions and terms implied by statute, general law or custom.
6.2. Subject to 6.3, Classica International excludes all liability to You for acts or omissions of Classica International, any delay, non-delivery or other failure to supply the Goods or any injury, loss or damage of any kind in tort (including negligence) or contract or otherwise arising out of the Goods on these conditions.
6.3. If the Goods are supplied to You as a “consumer” of goods or services within the meaning of “consumer” in the Trade Practices Act 1974 as amended or similar state legislation, nothing in these conditions excludes, restricts or modifies any condition, warranty, right or remedy conferred by the Trade Practices Act 1974 as amended or similar legislation.
6.4. If the Goods are goods not ordinarily acquired for personal, domestic or household use or consumption for the purposes of the Trade Practices Act 1974 as amended or similar legislation, Classica International liability is limited to the supply of the Goods again or payment of the cost of supplying the Goods.
6.5. The exclusions in 6.1 and 6.2 extend to loss of profits, business or anticipated savings or other indirect or consequential damage and to economic loss and even if Classica International knows they are possible or otherwise foreseeable.
7. PURCHASER’S ACKNOWLEDGEMENT
7.1. Despite anything else in these conditions, You acknowledge that:-
7.1.1. prior to ordering the Goods You satisfied Yourself as to the their suitability for Your purpose; and
7.1.2. Classica International has made no express warranty, condition or representation about the Goods’ quality, fitness for purpose, safety or suitability.
8. USE-BY DATE
8.1 Goods must not be sold beyond their ’use-by’ or ’best-by’ date.
8.2 If You do not comply with clause 8.1, You must indemnify Classica International for any costs or expenses and any loss or damage resulting (directly or indirectly) from the sale by You of such Goods.
9.1. These conditions are governed and must be construed under the laws of the State of Victoria and Classica International and You submit to the exclusive jurisdiction of the Courts of that state.
9.2. If a condition or part is unenforceable the unenforceability does not affect any other part of the conditions or any other condition.
9.3. Classica International is not bound by any waiver, discharge or release of a condition or any agreement, which varies these conditions unless it is in writing, and signed for Classica International by an authorised officer.
9.4. If Classica International waives a breach of condition the waiver does not operate as a waiver of another breach of the same or any other condition or as a continuing waiver.
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LICENSE AND SITE ACCESS
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REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
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RISK OF LOSS
All items purchased from retail.classica.net.au are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY retail.classica.net.au ON AN “AS IS” AND “AS AVAILABLE” BASIS. retail.classica.net.au MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, retail.classica.net.au DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. retail.classica.net.au DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM retail.classica.net.au ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. retail.classica.net.au WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to retail.classica.net.au. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.