Terms & Conditions
These are the terms and conditions of sale ("Conditions") of James Harrop Pty Ltd, trading as Harrop & Co. whose registered office is 109 Stirling Highway, Nedlands, Perth, 6009 Western Australia (ABN 83 610 486 603). These terms will apply to all purchases of Goods and Custom-made Goods in Australia when you order via our website (www.harropandco.com) (our "Website") or by telephone. Please read this document carefully before placing your order.
By placing an order by telephone you confirm your unconditional acceptance of these Conditions.
By accepting the Terms and Conditions when confirming your order, you confirm your unconditional acceptance of these Conditions.
We may change these Conditions from time to time. The latest version of these Conditions is available on our Website. The Conditions which appear on our Website at the time you place your order are the Conditions which apply to your order,
These Conditions can be saved electronically or printed by all users of our Website. Whilst they remain posted on our Website, these Conditions will apply to all transactions carried out via our Website and by telephone.
1.1 In these Conditions:
1.1.1 "customer" means a person acting as a consumer who is purchasing goods outside the course of his or her business or trade;
1.1.2 "you" means the customer submitting an order for goods;
1.1.3 "goods" means the goods to be supplied under these conditions;
1.1.4 "party" means either you or us; "parties" means you and us;
1.1.5 "custom-made goods" means goods that are made for you;
1.1.6 "writing" means letter, fax or email.
1.2 The contract for supply of goods ("contract") will be formed when we accept your order. Acceptance of an order by us can only be made in Writing. Once the contract has been formed with you we will file it in paper copy for our records. All orders are subject to availability.
1.3 Orders may only be placed by customers aged 18 and over.
1.4 In deciding whether to accept your order we may carry out a credit check and then will only accept your order if we are satisfied with the results of such a check. You confirm that you agree to us carrying out such a check.
1.5 These Conditions and any matters referred to on our receipt form the entire understanding between you and us and supersede any prior promises, representations whether by statements or conduct (except where the representation was fraudulent) or undertakings.
1.6 Any omission or error in any sales literature, or in any advertisement whether in newspapers, magazines, on the Internet or otherwise or in any invoice or other document issued by us may be corrected by us without liability.
1.7 By accepting the Contract you confirm that you are a customer in Australia.
1.8 Clause headings are for convenience only and do not affect the interpretation of these conditions. Words in the singular include the plural and vice versa.
2. IDENTIFICATION OF THE OFFEROR
James Harrop Pty Ltd (ABN 83 610 486 603) whose registered office is 109 Stirling Highway, Nedlands, 6009, Western Australia (referred to in these terms as "we" or "us").
3. INFORMATION RELATING TO GOODS
Information on the range of goods sold via our telephone order service or via our website is available, with product references, in the Harrop & Co. store and on our website. All orders are subject to availability.
4.1 Orders by telephone
Orders can be placed with our team by calling telephone number (08) 6162 0026, 10 am to 5.30 pm Monday to Saturday (Western Australian time).
4.2 Orders via our Website:
4.2.1 Orders can be placed through our website. You will be responsible for paying any costs of connection to our Website.
4.2.3 We try to ensure that the information posted on the website is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on this website at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on this website, nor will we be liable for any inaccuracy or omission concerning any of the information provided on this website. All images, illustrations and descriptions of the goods are for information only and you are advised to contact our team for further information about the goods.
4.2.4 To the maximum extent permitted by law, we make no representation or guarantee that this website will be free from loss, destruction, damage, corruption attack, viruses, interference hacking or other security intrusion and we disclaim any liability relating thereto. We do not give any warranty for the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content or services contained on our website.
4.2.5 We will not be responsible for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use our website, its content or any link to another website arising in contract, tort (including negligence) or otherwise, except to the extent any damages arise due to the negligence, wilful misconduct or breach of these conditions by us.
4.2.6 When placing an order on our website, you will be required to complete certain required fields on an order form. All steps necessary for placing an order are detailed on our website.
4.2.7 In the event prolonged inactivity causes your connection to our website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection.
4.2.8 Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. All information on our website is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the goods. We will acknowledge receipt of your order by sending a confirmation email. Please note however that such confirmation email does not constitute acceptance of your order.
4.2.9 The sale will only be binding on us once we have notified you that the order is accepted and the goods have been dispatched by us. This means that if goods are shown on our website but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such goods.
4.2.10 You will only be charged for goods on orders which have been accepted by us.
5.1 The price of the goods you order will be notified to you by telephone before you place your order or shown on the website before you confirm your order and will be confirmed on the written confirmation that you will receive when your order is accepted. All prices are in Australian dollars (AU$) and inclusive of GST (except where otherwise stated on our website or notified to you by telephone).
5.2 If an error is found in the price of goods you have ordered, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
5.3 You must pay to us any amount ("GST Amount") which is payable by us on account of a goods and services tax, value added tax or any other similar tax ("GST") as a consequence of any supply made or deemed to be made or other matter or thing done under or in connection with these conditions. The GST amount must be calculated by multiplying the amount on which the GST is calculated by the prevailing rate of GST. You must pay any GST amount at the same time and in the same manner as making any payment on which the GST amount is calculated. You must pay any amount you are required to pay under this clause in full and without deduction.
6.1 You must pay for the Goods prior to their dispatch to you. Payment must be in Australian dollars (AU$). The following credit cards are accepted: Visa, MasterCard and American Express. Payment via PayPal is also accepted.
6.2 Your credit card will be debited at the time the order is prepared, except in relation to custom-made goods, in which case your credit card will be debited at the time that your order is received and accepted by us. You must confirm to us the name which appears on the credit card to be debited, give the card number and the expiry date as shown on the front of the card, as well as the security code on the reverse of the credit card. We undertake to keep this information strictly confidential.
6.3 In order to counter Internet fraud, payments through our Website will be managed on-line with the banking organisations concerned through the facilities offered by EWAY, a third party based in Australia. This company will be responsible for holding and automated handling in a secure environment the information relating to each order, including bankcard details.
We have also contracted with ANZ Bank to put in place a screening system to deter credit card fraud. As a result, your personal data (including name, email address, delivery details, telephone number, details of the order placed, credit card details) will be disclosed and used by ANZ Bank exclusively for the purposes of providing fraud screening services to us and to its own customers. We reserve the right to not accept any orders where we deem the risk of fraud to be too high.
We reserve the right to put in place additional/other payment security system(s) from time to time.
6.4 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Privacy Act 1988.
6.5 In the event that the sum due from you has not been debited for whatever reason (including, without limitation, stopped payment, refusal by the issuer of the card, or technical failures), the sale will be cancelled immediately. In the event that the goods have already been dispatched to you, you will remain responsible for payment and we reserve the right to process your payment at a later time or require payment via an alternative payment method.
7.1 The Goods you order will be delivered during normal business hours once payment has been confirmed to the address which you give to us when you place your order.
Delivery of all non Custom-made Goods will be made by express courier. Please note that deliveries are not made outside Australia or care of hotel or PO Box addresses or to business premises. Custom-made goods will be delivered White Glove, by our partner carriers.
7.2 If there is no one at the address given who is competent to accept delivery of the goods, you will be asked to contact us in order to arrange an alternative delivery date to collect the goods.
7.3 You may use our Gift Service to arrange for goods to be delivered to a third party of your choice, providing that the delivery address is in Australia.
7.4 You are entitled to organise a private courier to collect your goods. Couriers will need to bring a completed consignment form to our storage facility for collection. Harrop & Co. accepts no responsibility for freight-related issues when using an external courier once the products have left our facility. Please contact us if you wish to arrange your own courier.
7.4 No delivery/collection will take place unless payment for the goods has been received in full. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. Any delivery date or time specified by us is a best estimate only and we will not be responsible for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. We will aim to deliver the goods (other than custom-made goods) within 10 days and custom-made goods within 13 weeks.
7.5 Ownership of the goods and the risk for damage to the goods passes to you upon delivery.
7.6 If, at the time of delivery of delivered goods, the packaging for your Goods is damaged, you are required to open the package in the presence of the carrier in order to verify the condition of the goods. In the event of damage to delivered goods, you should note the details on the delivery note and contact immediately (see clause 10 below). Custom-made goods will be unpackaged by our partner courier, checked and verified, you will be asked to sign a detailed Confirmation of Condition when this has been completed to which, by signing, you agree. Once this form has been signed we accept no responsibility for any newly discovered damage.
7.6.1 All packaging relating to custom-made goods will be removed and recycled (where-possible) by our partner courier.
8. LIMITATION OF LIABILITY
8.1 To the full extent permitted by law and subject to clause 8.4.4, we will not be responsible to you under the contract or otherwise at law for:
8.1.1 any losses which are not reasonably foreseeable by both parties when the contract is formed arising in connection with the supply of goods and related services or their use by you or where you use our Gift Service, the recipient;
8.1.2 any losses which are not caused by any breach by us;
8.1.3 business or trade losses.
8.2 To the full extent permitted by law and subject to clause 8.4.4, our entire liability in connection with the contract will not exceed the purchase price of the goods in question.
8.3 Nothing in this contract means that our liability to you, or, where you use our Gift Service, the recipient, for fraud or for death or personal injury resulting from our negligence or that of our employees, agents or sub-contractors is limited.
8.4 We shall repair or replace, free of charge any goods damaged or lost in transit where delivery has been made by our carrier, provided that:
8.4.1 you give us written notification via email at firstname.lastname@example.org or by mail at Harrop & Co., 109 Stirling Highway, Nedlands, 6009, Western Australia of such damage or loss immediately after the delivery has taken place.
8.4.2 you deliver or produce to us at Harrop & Co., 109 Stirling Highway, Nedlands, 6009, Western Australia, any receipt or other documents relating to the Goods in question together with (in the case of a claim for damage) the original packaging for the goods and the goods
8.4.3 If we accept your claim, we will bear the cost of repair or replacement and of sending you your repaired or replacement Goods. If we do not accept your claim, we will notify you and (in the case of damaged goods) make the goods available for collection. If, in such circumstances, you wish us to repair or replace your goods and/or send them back to you, we will provide you with details of the costs of doing so, as well as details of our repair policy.
8.4.4 Your right to a repair or replacement under clause 8.4 above is in addition to and not in substitution of any other rights and remedies you may have under laws applicable to the goods. 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.
8.4.5 The limitations on our liability contained in these conditions is made to the full extent permitted by law. Nothing in these conditions restricts the effect of the guarantees referred to in clause 8.4.4 above, or any other law which cannot be excluded, restricted or modified.
9. RETURN OF GOODS
9.1 In addition to your legal rights, we operate a returns policy for our customers in respect of items delivered (other than Custom-made Goods), subject to the following conditions:
Within 20 days following the date of delivery:
9.1.1 Return the items in question, in their original packaging, complete with any related accessories or instruction booklets, labels, protective covers and boxes, together with the original invoice, to the following address: Harrop & Co., 109 Stirling Highway, Nedlands, 6009, Western Australia. It is your responsibility to obtain proof that the goods have been returned, by returning the items by registered post or by such other means which gives proof of date of postage and delivery. The cost of returning the goods shall be borne by you. No new delivery can take place until we have received the returned goods from you.
9.1.2 You can also return your products in person in store.
No exchange will be offered for Goods that are returned by the customer incomplete, damaged or soiled. You must take reasonable care of the goods if you wish to return them exercising your consumer rights under this section.
9.2 In the event that goods are exchanged, the initial sale will be cancelled. The new transaction payment will be set off against the amount of the preceding sale. Any credit balance will be either re-credited directly to your bank account or a credit card or a credit note will be issued to you. Any additional payment will be debited directly from your credit card.
9.3 In the event that goods are exchanged by post, the new sale will be subject to these conditions.
9.4 Nothing in this clause 9 will affect your rights referred to in clause 8.4.4 above. This exchange policy is in addition to those rights and is not intended to exclude or limit those rights.
For information on cancellations, please contact us: (08) 6162 0026
11. FURTHER INFORMATION
For further information relating to these conditions, or the goods themselves, please contact us on: (08) 6162 0026
12. INTELLECTUAL PROPERTY RIGHTS
12.1 As between you and Harrop & Co., you acknowledge that Harrop & Co. owns or has a license to all title and copyrights in and to the content provided on this Website. All title and intellectual property rights in and to the licensed content provided on this Website is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
12.2 The "Harrop & Co." trade mark as well as all trade marks, whether they are figurative or not, and all other marks, illustrations, images, and logos which appear on our products, accessories or packaging and/or used in connection with the sale and distribution of goods sold by Harrop & Co., whether registered or not, are and remain the exclusive property of Harrop & Co.. The Website may contain third-party trade marks, and other marks, illustrations, images and logos. You are not granted any right or license with respect to the Harrop & Co. Trade Marks or the trade marks of any third party. Any reproduction, whether complete or partial, modification or use of these marks, illustrations, images and logos, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as in any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.
13. DELAY OR FAILURE TO PERFORM
Subject to the second paragraph of this clause, we shall not be responsible to pay you any compensation or give you a refund if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); failure by you to give us a correct delivery address or notify us of any change of address.
We will inform you of any such unforeseen event or of force majeure within seven days of its occurrence. Should this interruption continue beyond a period of two weeks, you will be entitled to cancel the order, and we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
14. USE OF YOUR INFORMATION
15. GOVERNING LAW
15.1 The contract is governed by the laws of Western Australia and the Courts of Western Australia shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.
15.2 No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.