Terms & Conditions

WorldSmart Retech Pty Ltd ACN 107 563 511 (WorldSmart, we, us or our) is the owner and operator of the website at https://shop.worldsmartpos.com.au/ (Website).

Acceptance of these Terms & Conditions
1. Your access to and use of the Website, including your order of Products through the Website, is subject to these Terms & Conditions.
2. By accessing and using the Website, you acknowledge that you have read and understood these Terms & Conditions as they exist at that time, and confirm your agreement to be bound by the Terms & Conditions.
3. We may vary these Terms & Conditions at any time, without notice, by displaying the amended Terms & Conditions on this Website. You should review the Terms & Conditions each time you use the Website.
4. If you place an order that is accepted by us, the Terms & Conditions applicable to that order are the Terms & Conditions that applied at the time you placed the order.
Registration
1. You must complete the customer registration process through the Website before placing an order for Products through the Website (including setting up a LoginID and password) (Account).
2. You may not have more than one active Account, and your Account is non-transferable. You can update, edit or terminate your Account at any time through the Website.
3. Any and all activity that occurs under your Account (whether or not it has been authorised by you), is deemed, for the purpose of these Terms & Conditions, to be activity by you.
When registering through the Site, our payment processing authority uses [128 bit SSL encryption]. Nonetheless, no data transmitted over the Internet is secure, and we do not warrant, and cannot ensure, the security of your data. You transmit data using the Site entirely at your own risk. Placing an order for Products
1. You may order Products by selecting and submitting your order through the Website in accordance with these Terms & Conditions.
2. Any order placed through this Website for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
3. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Website.
4. You agree to provide us with current, complete and accurate details when asked to do so by the Website.
Acceptance or rejection of an order
1. We reserve the right, in our sole and absolute discretion, to accept or reject your order for any reason, including but not limited to if the requested Product is not available, if there is an error in the price or the Product description posted on the Website or in your order.
2. Each order placed for Products through the Website that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these Terms & Conditions.
3. If we reject an order placed through the Website, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
Minimum and maximum amounts in each order
1. Unless otherwise indicated on the Website:
  1. Order quantity limits for particular Products may apply from time to time. We will inform you of these limits on the Website when you place the order or within a reasonable time after you submit your order; and
  2. the minimum purchase amount for each order is $30.00 excluding the Delivery Fee.
2. You are not permitted to purchase any Products for resale to a third party or for trade purposes. If we have a concern with the quantity of Product/s you have ordered, then we may contact you when you place the order or within a reasonable time after you submit your order.
3. If you wish to place an order that differs from our ordering requirements, then you will need to contact Customer Service.

If we agree to an order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard orders. In this regard, we recommend that you allow at least 3 days between ordering and delivery or such other time that we notify to you at the time we accept your order.

1. If we reasonably believe you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such orders may be cancelled by us without notice to you.
Cancelling an order

Cancellation by us

We may cancel an order (including any orders that we have accepted) without any liability to us for that cancellation at any time if:
1. the requested Products in that order are not available; or
2. there is an error in the price or the product description posted on the Website in relation to the relevant Product in that order; or
3. that order has been placed in breach of these Terms & Conditions.
If we cancel an order in accordance with:
1. clause 6.1(a) or 6.1(b), we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order. If any payment has been taken for the cancelled order, then the full payment amount, including any Delivery Fee and other fees and charges, will be refunded to your original payment method or through an alternative means;
2. clause 6.1(c)), we will provide you with reasonable notice of that cancellation. If your order is cancelled before the day of delivery or collection, then the full payment amount, including any Delivery Fee and other fees and charges, will be refunded to your original payment method or through an alternative means.

Cancellation by you

1. You may cancel an order (whether it is accepted by us or not):
  1. through the Website up to 30 mins before the delivery or collection window closes (as specified on the Website). If so, no fees or charges will apply to that cancellation; or
  2. in all other circumstances, by contacting Customer Service. In this instance, if you cancel an order that has been accepted by us:
    1. before the day of delivery or collection, then no fees or charges will apply to that cancellation; and
    2. on the day of delivery or collection, then we may charge you a cancellation fee of the lesser of $20.00 or the costs to WorldSmart arising from the cancellation
2. If you cancel an order in respect of which we have taken payment, then the full payment amount, including any Delivery Fee and other fees and charges other than any fee payable under clause 6.3(b)(ii), will be refunded to your original payment method or through an alternative means.
Fees and charges
1. We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
  1. the purchase price of each Product that is ordered;
  2. the delivery fee provided to you at the time you selected the relevant delivery window when placing your order (“Delivery Fee”); and
  3. any other fees and charges set out in these Terms & Conditions.
2. All fees and charges identified in these Terms & Conditions and all prices for the Products include GST where applicable and are charged in Australian dollars.
3. The purchase price of each Product is shown on the product list on the Website at the time you place your order.
4. You acknowledge that:
  1. we are not required or obliged to match any prices for any Products available from a third party; and
  2. prices for Products change from time to time and we do not provide any notice of these changes. Subject to these Terms & Conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order.
5. If a Product that you have ordered is not available and we have not provided you with a substitute then we will provide you with a refund back within 3-5 business days to your card of purchase to the value of the Products that were not supplied to you.
Payment methods
1. You must pay the fees and charges online using the online payment methods in clause 8.2.
2. We accept the following credit cards:
  1. Visa; and
  2. MasterCard;
3. If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you of dishonour and cancel your order.
4. In special circumstances for an approved customer, an order may be invoiced to the customer with 14 day payment terms. Failure to pay such approved orders within 14 days may result in the suspension of the customer Account or a late fee of 2% above the published current Commonwealth Bank Corporate Loan Reference Rate to be applied to the order.
5. You authorise WorldSmart to debit the amount that is payable for an accepted order from your nominated credit card to pay for the fees and charges.
6. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
7. We will provide you with a receipt at time of delivery or collection (as applicable) which specifies the total fees and charges for the Products in the order and the out of stock products including the dollar value refunded to your card of purchase.
Delivery and collection of Products

Delivery

Where you elect for an order to be delivered, we will deliver the Products to the front door at the relevant Delivery Address. If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for all loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address.
If the delivery relates to your first order, then you must be present to accept the delivery of that order and, at our request, provide us with photographic identification.
We may require the person accepting the delivery of any order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.
If there is no one or no appropriate person at the Delivery Address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then:
1. we will not deliver the Products you have ordered; and
2. we may charge you an administration and reprocessing fee of up to $25 .
3. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery.
Other than as required under clause 9.2 for your first order, you:
1. acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order and, where relevant, make payment for that order; and
2. will ensure that the person receiving any Restricted Products is over the age of 18 years or such other minimum age as prescribed by law.
We will not deliver:
1. alcohol or liquor Products to a person who is intoxicated;
2. Restricted Products to a person that is not of the appropriate legal age.
You acknowledge that we may record the details of any identification provided in relation to delivery of Products.

Collection

1. Where you elect to collect an order from us, you must collect the order within the agreed collection window (if applicable).
2. You agree that:
  1. photographic identification and a signature must be provided when you collect your order; and
  2. the card used for payment is required to be shown when you collect your order.
3. If you will not be the person collecting your order then your representative must provide us with proof of their identity (including photographic identification) and, where relevant, age, and the card used for payment.
4. If you do not supply the appropriate identification or the relevant card of purchase:
  1. we will not allow collection of the Products you have ordered; and
  2. we may charge you an administration and reprocessing fee of up to $25 .
5. If you do not collect your order within the booked collection window then we may charge you a fee of up to $25.

In this instance, we will endeavour to contact you or you may contact us to arrange for collection at a different time, and we may charge you an additional fee for that replacement order.

1. You acknowledge that we may record the details of any identification provided in relation to collection of Products.

Fraud and risk assessment

1. We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your order. If you are unsure whether the person contacting you is from WorldSmart, please contact Customer Service.
Substitution or missing items in delivery
1. You acknowledge that a Product you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product.
2. If there are items missing from your delivery or collection, then you should check the receipt that we provided to you to determine if the missing Product is marked as out of stock. If so, then we will provide you with a refund to your on-line Account for the Products that were not supplied but were paid for.

In all other circumstances, you may contact Customer Service within 24 hours after the delivery or collection time and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you despite you having paid for it, then we will (at your option):

1. 1. provide you with a credit to your on-line Account within 3-5 business days for the Products that were charged but not delivered to you; or
  2. arrange for a re-delivery of the missing item at an agreed time (if possible).
Risk and title
1. Risk in the Products the subject of an order passes to you on the date and time of delivery of those Products to the Delivery Address or at the time of collection from WorldSmart. Title to the Products passes to you on the later of the date and time of:
  1. payment for those Products;
  2. delivery of those Products to the Delivery Address; or
  3. collection of those Products from WorldSmart.
Returns
1. We do not accept returns for change of mind.
2. Any Orders to be cancelled should be advised in writing within seven (7) days of ordering. Other goods will not be accepted for return if they are not received within seven (7) days of the date of invoice. Authority to return the goods must be requested before returning goods and any goods not received in as new condition in original, unmarked packaging may not be accepted. There will be a twenty percent (20%) restocking fee on all non-defective stock returned within seven (7) days of purchase. All returns will be done at the expense of the purchaser.
Your general obligations

You:

1. 1. must ensure that your LoginID and password that is used to access the Website and the details of your Account are kept in a safe and secure manner;
  2. must notify us through Customer Service if you are or become aware that there is or has been an unauthorised use of your LoginID and password or Account, or any other security breach relating to your Account;
  3. must promptly advise us of any changes to your information provided to us as part of the customer registration process;
  4. must provide us with your date of birth to place an order for a Restricted Product or where a relevant law requires us to obtain or verify your date of birth before we agree to supply that Product to you;
  5. are responsible for any costs associated with your access to or use of the Website;
  6. are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Website;
  7. agree that we may charge you for any Products ordered using your LoginID and password through the Website; and
  8. should check the labels on the Products before consumption or use.
General restrictions

You must not:

1. 1. use the Website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
  2. use the Website in a manner or way, or post to or transmit to or via the Website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Website;
  3. make fraudulent or speculative enquiries, purchases or requests through the Website;
  4. use another person’s details without their permission or impersonate another person when using the Website;
  5. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
  6. tamper with or hinder the operation of the Website;
  7. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website;
  8. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Website;
  9. modify, adapt, translate or reverse engineer any portion of the Website;
  10. remove any copyright, trade mark or other proprietary rights notices contained in or on the Website;
  11. reformat or frame any portion of the web pages that are part of the Website;
  12. create accounts by automated means or under false or fraudulent pretences;
  13. use the Website to violate the security of any computer or other network or engage in illegal conduct;
  14. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
  15. use the Website other than in accordance with these Terms & Conditions; or
  16. attempt any of the above acts or engage or permit another person to do any of the above acts.
Warranties
1. You warrant that:
  1. all information and data provided by you to us through the Website (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
  2. the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and
  3. you have and will comply with all relevant laws relating to your use of the Website and your placement of any order to us.
2. To the fullest extent possible and subject to any liabilities and obligations which cannot be excluded by law:
  1. we do not warrant the accuracy or completeness of the Website content, and the Website content is provided on an 'as is' basis and on the condition that you are responsible for assessing the accuracy and completeness of that content and you rely on any such content at your own risk;
  2. we will have no liability in relation to any loss or damage that you incur arising from your use of the Website or linked third party websites (including damage to your software or hardware, corruption of data, loss of data, any error, suspension or discontinuance of the Website or transmissions by any user in contravention of these Terms & Conditions); and
  3. we do not warrant that your access to the Website or any part of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses, bugs or malicious code or other forms of interference which may damage your system.
Your indemnity

You indemnify us and our related entities and each of their directors, officers, employees and agents against any actions, claims, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and disbursements and costs in investigation, litigation, settlement, judgment, interest, fines and penalties) which any of them incur directly or indirectly arising from your use of the Website or any breach of these Terms & Conditions by you.

Our liability and indemnity
1. To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these Terms & Conditions and otherwise in respect of goods or services from your use of the Website.
2. If a supply under these Terms & Conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), nothing contained in these Terms & Conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability which cannot be excluded. However, to the extent that the ACL permits us to limit our liability, our liability will be limited to:
  1. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
  2. in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
Termination
1. We may immediately, without notice, suspend, terminate or limit your access to and use of the Website and (where relevant) your Account if you breach these Terms & Conditions and:
  1. the breach cannot be remedied; or
  2. you fail to the remedy the breach within 10 days of our notice to you of that breach; or
  3. if there is an emergency.
2. If we lock, suspend or delete your Account under clause 18.1, then we will refund all credits that you are entitled to receive under these Terms & Conditions by direct deposit to your nominated bank account once we have conducted all our verification and other relevant checks.
3. You may stop using the Website at any time and for any reason.
4. We may stop making the Website (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
Privacy
1. Any personal information you provide to us using the Website will be handled by us in accordance with our Privacy Policy. http://www.worldsmart.com.au/privacy-policy
2. All other information (including suggestions, ideas, concepts, data, know-how) you send to us using the Website, is our property once received. We may use that information for any purpose, including development of products and services, marketing and promotional activities.
Intellectual property rights
1. We own or are licensed to use all intellectual property rights in the Website (including in all underlying source code) and in the content of the Website (including all text, trade marks, logos, images and graphics). Users of the Website do not obtain any licence or other interest in that intellectual property. Nothing in these Terms & Conditions or on the Website should be construed as providing such consent.
2. You:
  1. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any material on this Website without our prior written consent; and
  2. must not frame or embed in another website any of the material appearing on this Website without our prior written consent.
3. You may:
  1. store a reproduction of the content on this Website on your local computer for the sole purpose of viewing the content and materials; and
  2. print hard copies of the content and materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
4. This Website contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Website or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Website that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
General
1. In these Terms & Conditions, unless the context requires otherwise:

Contact Hours means Customer Service operating hours, Monday to Friday 8.00 am to 4.00 pm Australian Central Daylight Time.

Customer Service means our customer service department, contactable during Contact Hours on 1300 653 223 or wsrlogistics@worldsmart.com.au.

Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions. In the case of delivery to a remote area via a courier, Delivery Address means the address of the courier to which we deliver the Products.

Delivery Fee has the meaning given in clause 7.1(b) of these Terms & Conditions.

GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

LoginID means the email address that you provided to us as part of the registration process to order Products from the Website.

Product means each good or service that is advertised for sale on the Website.

Restricted Product means a Product that is subject to certain restrictions (for example, age restrictions) on its sale by a relevant law, such as Products containing liquor or tobacco.

1. The Website may contain links to external websites that are not operated by us or our related bodies corporate.

These links are provided for your convenience only and you agree that:

1. we make no representations or warranties, or have any responsibility or liability for those websites; and
2. these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.

You agree that you access and use the products and services made available at those sites solely at your own risk.

1. If any of these Terms & Conditions is held to be void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the Terms & Conditions has full force and effect and the validity or enforceability of those Terms & Conditions in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Terms & Conditions or is contrary to public policy.
2. These Terms & Conditions are governed by the laws in force in South Australia, Australia. Each party submits to the non-exclusive jurisdiction of the courts of South Australia and the Commonwealth of Australia.
3. WorldSmart attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.
4. If you have any questions or comments regarding the Website, these Terms & Conditions or our products or services, please contact Customer Service.