SALES TERMS AND CONDITIONS
These Terms will apply to any contract between us for the sale of Products to you on our Website (“Contract”) to the exclusion of all other documents. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Website.
We amend these Sales Terms and Conditions from time to time as set out in Clause 8. Every time you wish to order Products from Gushiv, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms and any Contract between us are only in the English language.
The purpose of the Website is for Gushiv to offer Products for sale to visitors of the Website (hereinafter “you” or “your”).
Products are intended for your personal use, in no direct relation to your professional activity.
1. INFORMATION ABOUT US
1.1 The Website is an e-commerce website that is accessible via the internet at www.gushiv.com. It is produced by Gushiv Pty Limited (“Gushiv”, “we”, “us” or “our”), whose registered office is at 3/12 Ramsgate Avenue, Bondi beach. NSW 2026
1.2. Contacting us:
a) If you wish to contact us for information or general queries relating to our products or brands or because you have any feedback or complaints, please contact our Customer Care Department by telephone on 0410777063, or by email at firstname.lastname@example.org
(b) If you are emailing us or writing to us please quote your order number (if applicable) to help us identify your order.
(c) If we have to contact you or give you notice in writing; we will do so by email or pre-paid post to the email/postal address you provide to us at the time of placing your order.
2. USE OF OUR WEBSITE
2.1. Your use of our Website is governed by our Website Terms and Conditions. Please take time to read these as they include important terms which apply to you.
2.2. You may only purchase Products from our Website if you are at least 18 years old.
3. AREAS OF DELIVERY
3.1. Products ordered by you on our Website shall be exclusively delivered to your address.
3.2. These sales terms and condition determine all the steps required to place an order, as described in Paragraph 4 and ensure the follow-up of said order between the parties.
4. OUR PRODUCTS
4.1. The Products Gushiv offers for sale are those listed on the Website, on the date you consult the Website, within the limit of available stock and subject to these Terms. All Products should be kept out of the reach of children (individuals under 16 years of age).
4.2. The images of the Products on our Website are for illustrative purposes only. The images that illustrate the Products do not fall within the scope of the Contract and Gushiv’s liability may not be incurred in connection with any such error. Products purchased may vary slightly from images on our Website.
4.3. The packaging of the Products may vary from that shown on images on our Website.
4.4. Product Availability:
When placing your order, the majority of the Products presented on the Gushiv website may be bought online.
Products are offered subject to availability. If a Product is not available, you shall be informed thereof as soon as possible. Such information may be provided to you:
a) at the time of placing your order. If a Product that can be bought online is unavailable it will state that the desired Product is out of stock; or
b) following the validation of your order. If a Product becomes unavailable prior to delivery, you will be contacted via email.
4.5. If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because of an error on our Website, we will inform you of this by email and you can decide how you wish to proceed with your order or let us know if you wish to cancel your order.
4.6. If you have already paid for the Products, Gushiv will take the necessary steps with payment processing companies (as applicable), Gushiv’s designated payment partners, to deduct the price(s) of the Product(s) that is/are unavailable from the amount debited from your bank account as soon as possible. If none of the items ordered are available, we will also refund any delivery costs charged as soon as possible.
4.7. No substitute product will be sent to replace the unavailable product.
4.8. Gushiv may not be held liable if Products are out of stock or unavailable.
4.9. Retention of title and risk:
a) Product(s) ordered shall remain the property of Gushiv until full receipt of the purchase price and all applicable delivery charges by Gushiv. If Products have been delivered to you and there is a payment incident or in the event of incomplete or partial payment, you undertake, at your cost, to return the Products to us at our first request.
b) On the date of delivery, the risks (in particular of theft or damage) concerning the Products are transferred to you.
Any samples offered are subject to availability. Any samples provided by Gushiv for you to try are for your personal use only.
5. PRICES AND PAYMENT
5.1. The prices of the Products are given in dollar. We use our best efforts to ensure that the prices of Products are correct at the time of completing an order. However, please see Clause 5.6 for what happens if we discover an error in the price of the Product(s) you ordered.
5.2. The price of a Product includes VAT at the applicable rate chargeable in Australia on the date of the order. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
5.3. In the event that you are using a valid promotional code provided by Gushiv, this cannot be used in conjunction with another offer or promotion.
5.4. The prices given do not include the delivery costs, which will be invoiced in addition and specified to you before the order is confirmed and when the order is definitively validated.
5.5. You accept Gushiv’s right to modify its prices at any time, however the Products will be invoiced on the basis of the tariffs in force when the order is recorded, subject to the availability of such Products. The tariff in force is that stated on the Website, unless there is a typographical error.
5.6. Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products, you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing at the postal address provided during the order process.
Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect price.
All payments must be made immediately over the internet. Unless the server is unavailable, you may pay with a credit or debit card. MasterCard, Visa and Maestro cards are accepted.
You will need to enter:
• the card number;
• the expiry date;
• the name of cardholder; and
• the 3-digit safety code on the back of the card (MasterCard and Visa only).
Banking transactions will be carried out in a secure manner by trusted payment processing companies, Gushiv’s designated payment partners.
Gushiv reserves the right to refuse all orders or deliveries if the limits stated in the Introduction above are exceeded, if there is an existing dispute with you, in the event of total or partial failure by you to pay for that order or a previous order or if credit/debit card payment authorization is refused by the banking organizations.
As part of the fight against online fraud, information concerning orders will be checked by the payment processing company.
6. PLACING AN ORDER
6.1. You may freely consult the various pages of the Website, with no commitment to order.
6.2. If you wish to place an order, you need to choose the various Products that are of interest, and confirm said interest by clicking on the "Add to Cart" button.
You may at any time:
• obtain a summary of the Products you have selected or modify your order, by clicking on the button "Items", which is accessible on the top right of each page;
• continue to select Products by clicking on "Continue Shopping"; and
• complete your selection of Products and order them by clicking on "Checkout".
You then have to identify yourself in the ‘Billing and Delivery’ stage
6.3. Definitive validation of orders:
At the ‘Secure Payment’ stage you should verify that your shipping address and your billing address are correct. You are then requested to enter your credit/debit card details.
Once you have clicked “Pay Now” your order is validated and you will be bound by the order and acknowledge that the placing of the order implies an obligation from you to pay. This is subject to your consumer rights to cancel your order at any stage.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1. Our shopping pages will guide you through the steps you need to take to place an order. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
7.2. Once you have entered your details for payment and validated your order, an order acknowledgement page is displayed bearing an order number. This is also sent to you as an order acknowledgement email that summarizes: the names, quantities and prices of the Products selected by you, the applicable delivery costs, the order total, your details, the delivery address for the Products, the billing address, and other information.
7.3. The data recorded by the Website constitutes proof of all the transactions concluded between Gushiv and you. In the event of a dispute between Gushiv and you on a transaction carried out on the Website, the data recorded by Gushiv shall be deemed irrefutable proof of the contents of the transaction.
8. OUR RIGHT TO VARY THESE TERMS
8.1. Gushiv may update these General Conditions of Sale from time to time. Every time you wish to order Products from Gushiv, please check these Terms to ensure you understand the terms which will apply at the time of your order and which will apply to the Contract between us.
8.2. We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
a) changes in relevant laws and regulatory requirements; and/or
b) changes in our business practices.
9.1 Orders are prepared by our logistics team. The estimated delivery time will be included in the Order Acknowledgement and Dispatch Confirmation sent to you. The estimated delivery times set out in the table below are from the date on which you place your order with us. Please note that the delivery time quoted is an estimate only.
9.2. The Products ordered by you will be delivered to the delivery address stated by you when completing your order on our Website.
9.3. Delivery of an order shall be completed when we deliver the Products to the address you give to us when completing your order on our Website and the Products will be your responsibility from that time.
9.4. You own the Products once we have received payment in full, including all applicable delivery charges.