These terms and conditions (Website Terms) apply to the use of this website http://fabre.com.au/ (Website) including the purchase of goods and services on this Website.
In these Website Terms:
“we”, “us” and “our” means Leam Trading Pty Ltd ABN 56 925 295 919 TA Fabre Australia; and
“you” and “your” means the user of the Website.
Your use of the Website is governed by the Website Terms, Trading Terms http://fabre.com.au/tradingterms/ , Privacy and Credit Information Policy http://fabre.com.au/privacy-cred/ and Warranty http://fabre.com.au/warranty/
By continuing to use the Website, you acknowledge that you have read and understood the Website Terms, Trading Terms, Privacy and Credit Information Policy and Warranty and agree to comply with and be bound by them. If you do not agree with the Website Terms, Trading Terms, Privacy and Credit Information Policy or Warranty, you must cease using the Website immediately.
We reserve the right to vary the Website Terms from time to time. Variations will be effective immediately upon posting on the Website. Your continued use of the Website will be regarded as your acceptance of these Website Terms as varied.
Licence to use Website
We grant you a non-exclusive, non-transferable licence to use the Website in accordance with the Website Terms.
You may access and use the Website in the normal manner (i.e. view, download or print pages from the Website) for your own personal and non-commercial use subject to the restrictions set out in the Website Terms.
You must not:
Use the Website or its content for any purpose that is unlawful, prohibited, or that violates any of our rights (e.g. intellectual property rights);
Reproduce, republish, duplicate, copy, sell, resell, adapt, perform in public, transmit or otherwise exploit any part of the Website or its content for any commercial purpose;
Edit or otherwise modify any content on the Website;
Add content to the Website:
unless you hold all the necessary rights, licences and consents to do so;
that is or would reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, discriminatory, in breach of confidence or in breach of privacy;
that is incorrect or misleading;
that contains a virus;
that would bring us, or the Website, into disrepute; or
infringes the intellectual property or other rights of any other person.
Redistribute content from the Website;
Cause damage to the Website; or
Use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
This Website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience and information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
You acknowledge and agree that we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time at our sole discretion. Further, this Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
Intellectual property rights
The Website and all of its content (including text, graphics, logos, software etc.) is owned by or licenced to us.
Your use of the Website will not confer on you any intellectual property rights in the content contained on the Website. Further, nothing in the Website Terms constitutes a transfer of any intellectual property rights from us to you. You acknowledge and agree that we own all intellectual property rights in relation to the Website.
By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing. You warrant that you have all the necessary rights to grant the licence. Such licence will survive any termination of the Website Terms.
You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner. You warrant that you have all the necessary rights to consent.
Purchasing Goods and Services
The order and purchase of any goods and services on the Website is subject to the Website Terms, Trading Terms, Privacy and Credit Information Policy and Warranty. By continuing to use the Website to purchase goods and services, you acknowledge and accept that you have read and understood the Website Terms, Trading Terms, Privacy and Credit Information Policy and Warranty and agree to be bound by the Website Terms, Trading Terms, Privacy and Credit Information Policy and Warranty.
To purchase goods or services from us, you must establish an account with us. We may refuse an application for an account, terminate the account or remove or edit the account details at our sole discretion. An account, if accepted, is non-transferrable.
When purchasing goods or services on the Website, you agree to the payment of the purchase price listed on the Website for the goods or services plus any applicable GST (Purchase Price).
Payment via the Website of the Purchase Price may be made through one of the following third party providers:
Once payment of the Purchase Price has been confirmed by us, you will be issued with a receipt to confirm that the payment has been received and we may record your purchase details for future use in accordance with our Privacy and Credit Information Policy.
All prices displayed on the Website are in AUD and subject to change without notice. All goods and services described on the Website are subject to availability.
We reserve our right to cancel orders if we suspect fraud or for any other legitimate reason.
Terms and conditions relevant to delivery are set out in the Trading Terms.
Any return must be made in accordance with the Trading Terms and Warranty. You acknowledge that you are liable for any transport costs associated with any return.
As mentioned, you acknowledge and agree to be bound by the Trading Terms and Warranty.
To the extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in the Website Terms, Trading Terms or Warranty.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Limitation of Liability
We do not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and content found or offered on this Website for any particular purpose. You acknowledge and agree that such information and content may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
To the extent permitted by law, we exclude all liability to you for any losses (including loss of data), interruption of business, any consequential or incidental damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to the Website or its content whether in contract, tort including negligence, statute or otherwise.
These Website Terms terminate automatically if, for any reason, we cease to operate the Website. We may otherwise terminate these Website Terms and your access to the Website at any time without notice. All restrictions, licences granted by you and all disclaimers and limitation of liability by us will survive termination.
You must not assign, sublicence or otherwise deal in any other way with any of your rights under the Website Terms.
If a provision of these Website Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
Each part must at its own expense do everything reasonably necessary to give full effect to the Website Terms and the events contemplated by it.
The Website Terms are governed by the law of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.
Attn: The Business Manager
Business Name: Leam Trading Pty Ltd
Trading Name: Fabre Australia
Address: 4 Frazer Street, Lakemba NSW 2195
Phone: (02) 9758 1966