Terms of service
Terms and Conditions
Definitions:
Buyer: Refers to the entity or individual purchasing goods under these terms and conditions.
Seller: Refers to [Shapes For Kids] and any related body corporate of the Seller within the meaning of section 9 of the Corporations Act 2001.
Prices:
Prices displayed on the Seller’s website or in any price list provided by the Seller are invitations to treat and not an offer to sell. The Seller reserves the absolute right to accept or reject any orders received. Prices are subject to change without notice and are exclusive of GST unless otherwise agreed.
Payment:
Payment is due immediately upon the purchase of goods unless otherwise agreed. In the event of non-payment, the Seller reserves the right to initiate steps or proceedings to recover outstanding balances. The Buyer agrees to indemnify and hold the Seller harmless from any liability, claims, damages, and costs, including reasonable legal fees incurred due to the Buyer’s failure to pay. The Seller may charge interest on unpaid amounts, compounded daily.
If the Buyer defaults in payment, the Seller may use any collateral held or other obligations owed by the Buyer to satisfy the debt without prior notice. Should collateral be insufficient, the Buyer remains liable for the remaining balance and agrees to pay any associated costs promptly.
Packaging:
All orders are packaged according to the Seller's standard packaging practices without insurance for transportation unless otherwise agreed.
Delivery:
Delivery will occur at the Buyer’s business premises unless otherwise specified. Delivery freight charges are additional and must be paid by the Buyer. Any delivery dates provided are estimates, and the Seller shall not be held liable for delays. These terms apply to all goods supplied, even if the order is partially fulfilled. The Seller will select a courier at its discretion for the delivery of goods.
Damages:
The Buyer must inspect goods upon delivery and only sign for undamaged goods. Any damages must be reported to the Seller within 48 hours of receipt and must be supported by evidence. Claims for damages without adequate documentation will not be considered.
For wooden products, natural variations caused by temperature, humidity, or minor scratches/discoloration are not considered damage.
Retention of Title:
Ownership of goods remains with the Seller until the Buyer has paid all amounts owed. Until payment is made, the Seller has the right to reclaim goods, and the Buyer must return them upon request. The Seller may enter the Buyer’s premises to recover goods and will not be liable for any resulting claims or damages.
The Seller may reclaim goods even if they have been paid for, to satisfy outstanding debts, in the event of:
- Default by the Buyer under these terms.
- Bankruptcy, liquidation, or insolvency of the Buyer.
- Appointment of a receiver.
- Ceasing of business operations by the Buyer.
- The Buyer entering into a scheme or compromise with creditors.