1. User agreement
• By visiting and/or using the topmart.com.au website, associated services and functionality (“the website”) you agree to be bound by this user agreement (“agreement”).
• This agreement is formed between you and Top Mart Australia. ABN: 47 152 732 388 (“us”, “our”, “we”, “Topmart”, “www.topmart.com.au”). “you”, “user”, “member” and “visitor” means anyone who visits this website.
• If you do not agree to any provisions of this agreement, you must not use the website.
• We reserve the right to make changes to this agreement from time to time at our sole discretion. By continuing to use the website, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
2. Registration
• In order to make purchases and access some features of the website, you will need to be a registered member.
• You may not use another member’s account without permission.
• When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
• You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
• If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
3. Legal Capacity
• By making an on-line purchase you accept these terms and conditions and acknowledge that you:
• are over eighteen (18) years of age, and/or
• are entering into a legal contract with us.
• Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed. top
4. Supply of services to You / Termination
• We aim to provide a positive experience for all users and members. Accordingly, we reserve the right to change (ie alter, remove or add functionality) the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.
• We may stop (temporarily or permanently) providing access to the website to you, or to visitors or members generally, at our discretion and without prior notice to you.
• We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so. top
5. Disclaimer
• We will provide services with due care and skill but we do not warrant that our services will be provided without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
• errors, mistakes or inaccuracies on the website;
• you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
• personal injury or property damage of any nature resulting from your access to, and use of, the website;
• any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
• any interruption or cessation of transmission to or from our website;
• any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
• the merchantability or fitness for any purpose of any product or service of any linked sites. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
• We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web address. The only authorised access point is https://www.topmart.com.au with no characters before or after “www.topmart.com.au”.
• Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
• in the case of goods:
• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired; and
• in the case of services:
• the resupply of our services, or
• the payment of the cost of resupply of our services. top
6. Use of services by you
• You agree to use the website only for purposes that are permitted by:
• this agreement;
• any applicable law or regulation; and/or
• generally accepted practice or guidelines.
• You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
• You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website.
• You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
• You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
• You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
7. Information on this Website
• Information about products (ie goods and services) on the website is based on material provided by suppliers and product manufacturers.
• You understand and agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
• You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
8. Orders
• Products displayed on the website do not constitute an offer to sell. It is an invitation to treat only.
• Orders placed by you are offers to purchase particular product under the terms and conditions in this agreement at the price specified (including delivery and other charges).
• We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.
• You may cancel your order only if we have not started processing it. A cancellation and re-stocking fee of 20% or $25 (whichever is lower) applies. Please contact us through the help centre.
• If you find the products are either damaged, defective or missing items in your order, you must contact us within 48 hours from the date of delivery.
9. Price
• The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
• Prices are current at time of display but are subject to change.
10. Payment
• All payments must be received in full prior to dispatch. Please read the Payment section of the website for payment options.
• If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order.
11. Products and supply of products.
• Subject to this agreement, the products shown on your order confirmation will be supplied.
• You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met.
• Please read the Delivery section of the website for delivery options and details.
• We do not allow personal pick up.
• There are products advertised on our website that are sourced from Costco wholesale through our business membership with them. If you are a Costco member, it would be best to check the product and price, and buy the product from Costco directly if cheaper.
12. Risk and Title
• We retain ownership of goods until payment is received in full.
• Risk in goods, such as loss or damage, passes to you upon delivery.
13. Change of mind returns
• Your satisfaction is our number one priority however, please choose carefully as we do not refund or exchange simply because you changed your mind or the product was not what you expected.
• However, if you wish to return products in their original packaging and in saleable condition we will provide you with a store credit for the purchase price less delivery fee. A restocking fee of 10% will apply.
• Please contact us via the Contact Us link on our website to obtain a Return Authorisation Number as no returns can be accepted without one.
• We will provide you with a store credit only when we receive the returned product. Return postage is at your expense.
14. Statutory Conditions and Warranty / Refunds
• The Trade Practices Act 1974 (Cth) implies into all consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer. Under the statutory warranty:
• We will refund, repair or replace if the product you receive – doesn’t match the sample or description, doesn’t do what it is supposed to do or is not of merchantable quality eg. defective or dead-on-arrival (DOA). Note: Topmart does not make any products. Warranty requests will be forwarded to the manufacturer.
15. Computer hardware – consequential loss
• You understand and acknowledge that:
• Storage media (such as hard drives) can fail without warning and if this occurs, programs, data or other information (“software”) stored on the media may be at risk of corruption or irrecoverably lost.
• If you purchase storage media from us, whether separately or as a part of a larger electronic or computing product, it is your responsibility to guard against loss or damage to software stored on the media and to implement strategies for the safe keeping of software.
• We recommend that you regularly back up software stored on the media.
• In the event that storage media purchased from us becomes faulty, fails or otherwise detrimentally affects software stored on it, we will not be liable for any loss or damage, howsoever arising.
• If you return media, whether separately or as a part of a larger electronic or computing product, to us for any reason, including replacement or repair, we will not be responsible for any data stored on the media. We make no representation that we will be able to repair any product or make a product exchange without risk to or loss of software.
16. Links to third party websites
• The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
17. Intellectual property
• We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
• Other trade marks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.
• You may not modify or copy the layout or appearance of the website nor any computer software or code contained in the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.
• If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services we provide.
18. Transfer and Assignment
• In the event that we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
19. Indemnity
• You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
20. Force majeure
• We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
21. Applicable law
• This agreement will be governed by and interpreted in accordance with the laws of Queensland, Australia. You irrevocably submit to the non exclusive jurisdiction of the courts of the State of Queensland, Australia.
• If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
22. Waiver
• If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.
23. Privacy and personal information
• We do not collect personal information if you only browse this website.
• When we do collect personal information, it is our usual practice to collect this information directly from you. We do that through the member registration process and when you place an order with us. Personal information may include your name, postal address, telephone number and email address. This information is used to process your order and is supplied to delivery companies to facilitate the delivery of your order.
• Online payments are handled by Paypal and Stripe external third party service providers. We do not see or store your credit card or banking details. Please check the paypal.com.au or stripe.com websites for details of their privacy policies and security measures.
• Our server may log details about any computer used to access the Website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.
• We only use your personal information for the purposes for which you give it to us and for internal management purposes. You agree to us using your email address to send you messages concerning your membership account, any orders you place and information about the products sold by us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.
• We do not give information about you to government agencies, organisations or anyone else unless one of the following applies:
• you have consented;
• you would expect us to or we have told you we will;
• it is required or authorised by law;
• it will prevent or lessen a serious and imminent threat to somebody’s life or health; or
• the disclosure is reasonably necessary for law enforcement.
• You may request us to remove your personal information from our database by emailing us or using the contact form on the website.
• Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. You may do this by sending us an email using our contact us form on our website or by writing to us at contact@topmart.com.au