acceptance of terms
hopandcotton.com (“Website”) is owned and operated by hop & cotton Pty Ltd ABN: 58610410707 (“hop & cotton”, “we”, “our”, “us”). By accessing or attempting to use this website, you acknowledge that you have read and agree to be bound by these Terms and Conditions. These Terms and Conditions may be amended from time to time, and amendments will be displayed on the website. By your continued use of the website following such amendments, you will be deemed to have agreed to the amendments.
By purchasing and accepting delivery of services and products supplied by hop & cotton (“Products”) you agree to be bound by these terms and conditions (“Terms”).
warranties provided by you
You warrant and acknowledge that:
(a) You are over the age of 18 and that you have the legal capacity to enter into a legally binding contract;
(b) The information you provide on the website is:
- Correct, complete and current; and
- Free from any programming bugs or computer viruses, faults or errors;
(c) You will comply with all applicable laws in relation to any transactions entered into on the website and you will not use the website for any illegal or fraudulent purpose; and
(d) You will not impersonate any other person or allow any other person to impersonate you in use of the website.
products and orders
Orders placed on the website will be subject to hop & cotton’s usual terms and conditions of supply.
An order placed by you on the website for Products is only an offer by you to purchase a hop & cotton product for the price (including other charges) as displayed on the website. hop & cotton reserves the right to accept or reject your offer for any reason whatsoever. Your purchase contract with hop & cotton will only come into existence when hop & cotton advises you that it has accepted your order and it has confirmed receipt of your payment.
The prices of Products and other charges displayed on the website may change at any time. Prices do not include shipping and handling costs. These charges will be shown at the conclusion of your shopping and will be dependent on delivery method and location. All prices shown on our website are inclusive of GST, and you are responsible for the payment of GST imposed on any products ordered from the website, as well as for the payment of any other associated taxies or duties. Any change to the GST rate will automatically be applied to the prices of our products. If you reside outside of Australia the prices reflected on the website will be charged; no GST will be collected, but your order may be subject to the application of other incidental charges (such as duty clearance charges), which it is your responsibility to pay.
hop & cotton accepts all major credit cards for payment for online purchases unless otherwise specified. Some orders may require a credit card authorisation form to be completed and returned hop & cotton is under no obligation to ship any goods ordered until payment for those goods has been received. In the case of payment by cheque, this would mean the clearing of funds represented by the cheque. In the event of the requested Products being unavailable hop & cotton may cancel the transaction and effect a full refund.
change of mind
hop & cotton does not have to give a refund when you simply change your mind about the goods or services supplied.
disclaimer of liability
Some legislation such as the Australian Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your Statutory Rights). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
- all material on the Website is provided to you without warranties of any kind, either express or implied;
- we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
- we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
To the extent permitted by law, including but not limited to any act or omission on tour part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.
You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.
indemnity and limitation of liability
You agree to defend, indemnify and hold harmless hop & cotton (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of
(a) your use of and access to the Website;
(b) your violation of any term of these Terms;
(c) a breach of your Warranties set forth above regarding;
(d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or
(e) any claim that any content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Website.
To the maximum extent permitted by law, hop & cotton will not be liable for any claim arising out of your incorrect or improper use of Products, including use that does not comply with any Products instructions or that would be otherwise unexpected or unreasonable.
third party links
The Website may contain hyperlinks and other pointers to websites operated by third parties (“Linked Websites”). hop & cotton do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website.
All content on this site, including text, icons, and graphics are the property of hop & cotton and are protected by Australian and International Copyright law. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent.
The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.
These Terms are governed by and construed in accordance with the laws of the State of Queensland, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
These Terms set out the entire agreement and understanding between you and hop & cotton and supersede all prior agreements, understandings, representations and warranties, whether express or implied.
If any provision of these Terms is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected, and such invalid, illegal or unenforceable provision is to be severed from these Terms.
If you have any questions relating to the Terms, please contact us by emailing firstname.lastname@example.org.