Introduction

These Terms and Conditions comprise a lawfully official agreement between the client ("you") and Supermarcat ("we," "us" or "our") and apply to the ordering purchase, fulfilment and delivery of Merchandise (“Merchandise”) from https://supermarcat.com.au/. By utilising our Website and the Services and information offered on Our Website, you are consenting to these terms and conditions.

Please kindly read the accompanying Terms and Conditions cautiously prior to placing your order. The Terms and Conditions contain significant information about the ordering, processing, fulfilment and delivery of Merchandise.

Supplemental terms and conditions or archives that might be posted on the Site occasionally are thus explicitly consolidated in this by reference. We reserve the right, in our sole prudence, to make changes or alterations to these Terms of Use at any time and for any reason.

1.DEFINITIONS

In these Terms and Conditions:

"Account" signifies an individual account created by you on the website;

"Delivery Options" signifies the delivery options available for an order which are placed on the website, as refreshed occasionally. The delivery options available for an order will modify upon variables such as the character of the Merchandise you are purchasing and your delivery address. Extra delivery charges and estimated delivery times may vary for each Delivery Option;

"Order" signifies an order for Merchandise, placed on the website;

"Password" signifies the password expected to get to your account;

"Restricted Merchandise" signifies Products which are simply proposed to be seen, played, tuned in to or in any case used by an individual of at any rate a particular age;

"Website" signifies supermarcat.com.au

2.YOUR LEGAL RIGHTS

Your purchase of Merchandise will be dependent upon specific laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with specific rights that can't be prohibited, including that the Products should be of satisfactory quality, sensibly fit for the reason that Supermarcat represents they will be fit for, and that the Merchandise will correspond with any related description. Nothing in these Terms and Conditions will be perused or applied to avoid, limit or change or prohibit, confining or adjusting any condition, guarantee, assurance, right or cure inferred by law (including the Australian Consumer Law) which cannot by law be excluded, limited or altered.

3. PRICING & PAYMENT

3.1.Prices for Merchandise are as shown on the Website.

3.2. Supermarcat reserves the right to change the prices of Merchandise at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your order is accepted by Supermarcat.

3.3. In addition to the price for the Merchandise, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.

3.4. By placing an Order, you agree to pay the price for the Merchandise and any Delivery Charge.

3.5. All prices and Delivery Charges quoted are in Australian dollars and are inclusive of GST.

3.6.  Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology and use 3D secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.

3.7. We reserve the right, at our discretion, to use strong customer authentication techniques to authenticate any online card transaction including, but not limited to, the use of 3D Secure.

3.8. If you have a promotional/discount/coupon code, you will be prompted to enter the code at the checkout and this will generate a discount from your cart value or add an incentive. To activate, simply enter a valid code then click the "Apply" button. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion. Promotional codes cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact us for further assistant.

4. ORDER

4.1. You can place an Order by following the instructions on the Website.

4.2. An Order submitted by you is an offer by you to purchase the Merchandise for the price plus the Delivery Charge as shown at the time of submission of your Order. Supermarcat may accept or reject your offer in its absolute discretion. In particular, but without limitation, Supermarcat may reject Orders for commercial quantities of Merchandise.

4.3. Each Order that you place will, if accepted by Supermarcat, be a separate and binding agreement between you and Supermarcat with respect to the supply of the relevant Merchandise, in accordance with these Terms and Conditions.

4.4. If you place an Order for someone else to receive the Merchandise you must obtain their consent before providing Supermarcat with their personal information and, by placing an Order, you confirm to Supermarcat that you have done this.

4.5. Please ensure that you enter all information carefully when placing an Order. You warrant to Supermarcat that all information provided by you in relation to each Order is complete, true and accurate.

4.6. Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Supermarcat. We will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

4.7. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Supermarcat will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Supermarcat, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

4.8. Where you place separate Orders the Merchandise will be delivered separately and a separate Delivery Charge will apply to each Order. Supermarcat cannot consolidate separate Orders into one delivery.

4.9. The internet can be an unstable marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

4.10. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Supermarcat will not be liable to you, or any other person, for any loss, damage, cost or expense.

5. DELIVERY

5.1. We deliver to most areas in mainland Australia. Please refer to our Delivery Service page to check that you are in our delivery area. If you are not in our delivery area please contact our Customer Service Team to discuss delivery options.

5.2. If you need to change the delivery address, please contact our Customer Service Team at least 48 hours.

6. RETURNS/FAULTY OR DAMAGED MERCHANDISE

6.1. You should check your Merchandise as soon as they are delivered to you in order to ensure that: 

(i) they are what you ordered; and

(ii) they are not damaged or faulty. If this is not the case, you should contact Supermarcat as soon as possible.

6.2. When returning Merchandise:  

a. please provide Supermarcat with your proof of purchase;

b. it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.

6.3. Ownership of packages turned over to the courier transfers to the buyer. We are not responsible for lost, held, or damaged packages. We are not responsible for mis-delivery errors via carrier, or incorrect shipping info. Shipping is a service you purchase from the carrier along with your order from us, so any shipping issues must be handled by the carriers.

7. REFUNDS

7.1. Supermarcat do not normally provide refunds if you:

(i) got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it;

(ii) misused a product in any way that caused the problem;

(iii) knew of or were made aware of the faults before you bought the product;

(iv) asked for a service to be done in a certain way against the advice of the business or were unclear about what you wanted.

(v) require any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Merchandise themselves.

7.2.  Refunds should be the same amount you have already paid and will be processed within 14 working days after receiving your item to request a return. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Supermarcat will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all. Please note that if Supermarcat is obliged to provide you with a partial refund of your payment for specific Merchandise in your Order excludes the delivery cost.

7.3. All promotional offers, gift card and cashback will be no refunds and no return available on the purchased items.

8. SECURITY

8.1. Any attempt to deliberately damage Supermarcat website or the information on Supermarcat, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws. Should such an attempt be made, whether successful or not, Supermarcat reserves the right to seek damages to the fullest extent permitted by law. If Supermarcat suffers loss or incurs any damages or costs in connection with any breach of these terms and conditions of entry or any other legal obligation by an Eligible Customer, the Eligible Customer agrees to indemnify Supermarcat for those losses, damages and costs.

8.2. Supermarcat makes no guarantee of the availability of its web services and will not be held responsible for interruption of service that may interfere with the ability of an Eligible Customer to participate in the Promotion. Supermarcat is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to an Eligible Customer’s, or any other person's, mobile device or computer related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion.

8.3. If for any reason this promotion is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any other causes beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, Supermarcat reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any written directions from a regulatory authority made under applicable State or Territory legislation.

9. GENERAL

9.1. Supermarcat reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

9.2. Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

9.3. These Terms and Conditions are governed by the laws of the State of Queensland, Australia.

10. CONTENT & ACCESS

10.1. While Supermarcat endeavors to take reasonable care in preparing and maintaining the information on this website, we do not warrant the accuracy, reliability, completeness, timeliness, performance or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. Star Sparky Direct Pty Ltd expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law, including the Competition and Consumer Act 2010 (CCA).

10.2. This website may include links to other websites from time to time. These links are provided for your convenience and for further information only. We do not responsible for the content of the linked website(s).

10.3. Supermarcat does not guarantee that access to this website will be uninterrupted or that the website is free from viruses or bugs which may damage any computer which accesses this website or any data on such a computer.

11. INTELLECTUAL PROPERTY

The materials that are included in or displayed on this website, includes but not limited to: images, illustrations, designs, catalogue pages, documents, icons, photographs, video clips, text, logos, the HTML code for this website are owned or licensed by Star Sparky Direct Pty Ltd and are protected by copyright, trademark and other intellectual property laws. You may not use these materials on any third party website, in any advertising or publicity, or in any other way; modify any of these materials for any purpose; or copy, reproduce, republish, upload, post, transmit or distribute any of them in any way without our prior written consent. Unauthorized use of these materials may lead to claim for damages and/ or a criminal offence.

12. LIMITATION OF LIABILITY

Under no circumstances will Supermarcat be liable for any indirect, special, incidental or consequential damages, includes bout not limited to loss of use, loss of data, or loss of profits, arising out of the use or inability to use of this website or the materials. This website is provided on an “as is” and “as available” basis and we make no warranties of any kind, whether in expression or implication, includes but not limited to non-infringement, compatibility, or any implied warranty arising from course of dealing or usage or trade.

13. CONTACT INFORMATION

We highly recommend you visit Frequently Asked Questions if you have more questions about the Terms of Service. We are also welcome you to send us at info@supermarcat.com.au
OR Contact Phone: +61 (0)7 5503 0585
Store Address: 76 Scarborough Street, Southport QLD 4215, Australia