Terms of service
1.Definitions
In these Terms & Conditions;
“Holy Supplies and Co.” refers to Holy Supplies and Co. (ABN 99 404 059 012).
- 1.1 “Client” refers to the person or entity identified as the client in the Order, including its contractors, employees, agents, successors, and assigns.
- 1.2 “Goods” refers to the products requested by the Client, made available by Holy Supplies and Co. at the price stated on its website or otherwise communicated to the Client (exclusive of GST). This price is correct at the time of purchase but is subject to change without notice.
2. Ordering and Supply of Goods
- 2.1 The Client may place an order (“Order”) for Goods from Holy Supplies and Co. either online, verbally, or in writing.
- 2.2 An Order constitutes an offer by the Client to purchase Goods from Holy Supplies and Co. under these Terms & Conditions.
- 2.3 Holy Supplies and Co. may accept or decline any Order, in whole or in part. Acceptance may be verbal or in writing, or by Holy Supplies and Co. delivering or making the Goods available for collection (whichever occurs first). Acceptance of an Order creates a contract for the supply of the ordered Goods.
- 2.4 Holy Supplies and Co. may, at its discretion, agree to a written request from the Client to cancel or modify an Order, including changes to delivery times, prior to dispatch. Acceptance must be in writing.
- 2.5 Holy Supplies and Co. will not accept any cancellations or changes to an Order once the Goods have been dispatched.
3. Advertised Goods
- 3.1 All Goods advertised by Holy Supplies and Co. on its website or elsewhere are subject to availability. Holy Supplies and Co. is not responsible for Goods that are out of stock or discontinued while advertised online.
- 3.2 Holy Supplies and Co. Provides information based on available data and may correct errors or update details at any time to ensure that all information on its website is accurate and up-to-date. The company reserves the right to correct any errors or omissions after an order is placed and may update or modify information at any time without prior notice.
- 3.3 Small details and colors may vary between the Goods shown on the Holy Supplies and Co. website and those supplied to the Client. The display quality of individual computer monitors may affect color accuracy, and Holy Supplies and Co. does not guarantee exact color matches.
- 3.4 If an advertised gift box item is unavailable, Holy Supplies and Co. may substitute an item of similar value.
- 3.5 The Client acknowledges that any gift box containing alcohol can only be sent to recipients aged 18 years or older, and proof of identification may be requested. The Client indemnifies Holy Supplies and Co. against any loss or damage resulting from a violation of this clause.
4. Delivery and Collection
- 4.1 Holy Supplies and Co. may:
(a) Make the Goods available for collection at its premises, or
(b) Deliver the Goods to the Delivery Address specified by the Client, generally during normal business hours, Monday to Friday. - 4.2 Delivery fees will be charged as advertised on the Holy Supplies and Co. website or as communicated to the Client prior to dispatch. Additional fees may apply for large or heavy deliveries.
- 4.3 If the recipient is unavailable at the Delivery Address, Goods may be left with someone present.
- 4.4 If the Delivery Address is unattended, Goods may be left in a safe location, or a calling card may be left for re-delivery arrangements. Additional re-delivery fees may apply.
- 4.5 If the information provided by the Client regarding the Delivery Address is inaccurate, Holy Supplies and Co. may charge additional fees for re-delivery.
- 4.6 The signature of the deliverer on delivery documentation is conclusive evidence of Goods being delivered.
- 4.7 Holy Supplies and Co. is not liable for costs, loss, or damage from delivery delays. Delivery times are estimates and may vary.
- 4.8 Holy Supplies and Co. is not liable for property damage, personal injury, or death resulting from loading, unloading, or delivery, and the Client indemnifies Holy Supplies and Co. against any such claims.
5. Risks
- 5.1 The risk of loss or damage to Goods passes to the Client:
(a) Upon collection of the Goods from Holy Supplies and Co.’s premises, or
(b) Upon departure of the Goods from Holy Supplies and Co. premises for transit to the Client. - 5.2 The Client acknowledges that Holy Supplies and Co. is not responsible for loss or damage to Goods during transit and recommends obtaining insurance for such risks.
6. Retention
- 6.1 Ownership of the Goods remains with Holy Supplies and Co. until full payment is received.
- 6.2 Until ownership passes, the Client must:
(a) Hold the Goods as the fiduciary agent of Holy Supplies and Co.;
(b) Not create any encumbrances on the Goods;
(c) Not assign or encumber any rights to the Goods. - 6.3 If the Client fails to pay in full, they authorize Holy Supplies and Co. to repossess the Goods without notice.
- 6.4 The Client indemnifies Holy Supplies and Co. from any third-party claims arising from repossession actions.
- 6.5 Holy Supplies and Co. may register its interest in the Goods under the Personal Property Securities Act 2009.
7. Payment
Goods will not be dispatched by Holy Supplies & Co until payment in full in cleared funds has been received from the Client.
8. Default
- 8.1 The Client commits a “Default” if payment is not made in full on the due date, or if they breach these Terms & Conditions and fail to rectify within seven days of notice.
- 8.2 In the event of Default, Holy Supplies and Co. may:
(a) Suspend further Goods supply,
(b) Require immediate payment of all outstanding amounts,
(c) Repossess Goods,
(d) Charge interest on overdue amounts,
(e) Recover all costs associated with collection, including legal fees. - 8.3 The Client indemnifies Holy Supplies and Co. against any loss or damage caused by their breach of these Terms & Conditions.
9. Limitation of Liability
To the maximum extent permitted by law, Holy Supplies & Co shall not be liable to the Client or any third party under any circumstances for any loss of profit, interruption to business, injury or death to any person, or for any indirect, incidental or consequential loss and damage sustained or incurred by the Client or any third party, arising from;
(a) Any breach by Holy Supplies & Co of its obligations under these Terms & Conditions; or
(b) The supply, performance or use of any goods or services; or
(c) Any negligent act or omission or willful misconduct on the part of Holy Supplies & Co.
10. Amendment
Holy Supplies and Co. reserves the right to amend these Terms & Conditions with written notice. The Client will be deemed to accept amendments unless they notify Holy Supplies and Co. in writing within seven days of receiving notice.
11. Return
Holy Supplies & Co accepts returns only for items that are faulty, damaged, or incorrectly supplied. Returns for change of mind, incorrect choice, or personal preference are not accepted.
12. Entire Agreement
These Terms & Conditions replace any prior agreements between the parties regarding the subject matter.
13. Waiver
Failure by Holy Supplies and Co. to enforce any part of these Terms & Conditions does not constitute a waiver unless expressly confirmed in writing.