Terms and Conditions

Terms and Conditions

Argosee Greenhouse Technology (ABN 20 110 702 906) trading as Hobbyg Greenhouse Solutions as at August 2010

Argosee Greenhouse Technology trading as Hobbyg Greenhouse Solutions (“Hobbyg”) shall only supply goods to you on the following Standard Terms and Conditions unless we agree, in writing, to vary these Standard Terms and Conditions.

1	PAYMENT
1.1	The terms of payment are payment in full prior to delivery.
2	ORDERS
2.1	An order for Goods constitutes an offer to purchase the Goods by the Customer subject to the Standard Terms and Conditions of Sale.
2.2	Confirmation of order must be received in writing either by email or fax.
2.3	We may at our absolute discretion decline any order either in whole or in part.
3	PRICING AND DELIVERY
3.1	The price of goods is subject to alteration without notice.
3.2	The customer agrees that the delivery docket signed, whether by any employee or the customer or any other person signing for or on behalf of the customer, shall be conclusive evidence of delivery.
3.3	Freight from Argosee to the customer is to be determined by our courier.
3.4	All orders will be sent to the address stated at the time of order and will be delivered within the Melbourne and Perth metropolitan areas at a minimum freight charge of $120. For freight charges to other states and areas, please refer to our freight schedule or contact our customer service team.
4	GST
4.1	All prices will be quoted exclusive of GST. Invoices will be issued in the prescribed form as set out by Section 195-1 of the 'A New Tax System (Goods and Services Tax) Act 1999 (C'th); and the related imposition Acts of the Commonwealth (“The GST Law”).
4.2	If GST is imposed on any supply made by Argosee pursuant to these Standard Terms and Conditions of Sale, the customer must pay to Argosee, in addition to any consideration payable, or to be provided by the Customer under these Standard Terms and Conditions for supply, an additional amount for supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable, or provided, (without any deduction or set-off) by the Customer under any other clause in these Standard Terms and Conditions. Any amount payable is payable upon demand by Argosee whether such demand is by means of any invoice or otherwise. 'GST' means the tax imposed pursuant to the GST law.
4.3	If any part of the Purchase Price is referable to both a Taxable Supply and anything that is not a Taxable Supply, the GST-exclusion portion of the purchase price shall be determined by Argosee.
4.4	Where Argosee determines on reasonable grounds that an adjustment is required to the purchase price, it will promptly issue 'Adjustment Notes' that are prescribed by the GST law.
5	RETURN OF GOODS
5.1	We will not accept returns for credit without prior authorisation.
5.2	Any Goods which you return for credit will only be accepted if they are in the original packaging and in saleable order and condition.
5.3	If we authorise the return of Goods, the Goods must be carried with our nominated carrier.
5.4	Products returned to our warehouse are at the customer’s expense. A handling and restocking charge of 15% of the value of the goods may apply.
6	CLAIMS
6.1	Any claims by you for short delivery must be made within 14 days of delivery.
6.2	Argosee reserves the right to refuse claims made after this period.
6.3	All goods for which a credit has been approved by Argosee must be returned to Argosee before replacement stock or a credit is provided.
6.4	We reserve the right to correct clerical errors without notification.
7	CREDIT APPLICATIONS
	Argosee reserves the right not to offer Credit facilities.
8	COD ARRANGEMENTS
	Argosee reserves the right not to offer COD terms.
9	SPECIAL BUY INS
	Once ordered, special buy ins cannot be cancelled or returned. You will be advised prior to ordering if it is a special buy in.
10	BACK ORDERS
	The customer will automatically be notified if they have a back order. Under exceptional circumstances, backorders may be cancelled. If this occurs, the backorders need to be cancelled in writing. Back orders will be sent out once stock has been replenished.
11	LIMITATION OF LIABILITY
11.1	We exclude all statutory or implied conditions and warranties to the extent permitted by law.
11.2	To the extent permitted by law, we limit our liability under any condition or warranty which cannot legally be excluded to: (a) The replacement of the Goods or the supply of equivalent Goods; (b) The repair of the Goods.
12	ELECTRONIC COMMUNICATIONS
	When you visit Argosee website or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13	COPYRIGHT
	All content included on the Argosee website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Argosee and protected by Australia and international copyright laws. The compilation of all content on this site is the exclusive property of Argosee, with copyright authorship for this collection by Argosee and protected by Australia and international copyright laws.
14	LICENSE AND SITE ACCESS
	Argosee grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Argosee. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Argosee. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Argosee and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilising Argosee's name or trademarks without the express written consent of Argosee. Any unauthorised use terminates the permission or license granted by Argosee. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Argosee so long as the link does not portray Argosee, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Argosee logo or other proprietary graphic or trademark as part of the link without express written permission.
15	YOUR MEMBERSHIP ACCOUNT
	If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Argosee and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
16	DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
	THIS SITE IS PROVIDED BY ARGOSEE GREENHOUSE TECHONOLOGY ON AN ":AS IS": AND "AS AVAILABLE" BASIS. ARGOSEE GREENHOUSE TECHNOLOGY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WILSON NATIONAL STATIONERY DISTRIBUTORS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARGOSEE GREEHOUSE TECHINOLGY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ARGOSEE GREENHOUSE TECHNOLOGY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARGOSEE GREENHOUSE TECHNOLOGY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
17	DISPUTES
	Any dispute relating in any way to your visit to Argosee website or to products you purchase through Argosee shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate Argosee intellectual property rights, Argosee may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
18	SITE POLICIES, MODIFICATION, AND SEVERABILITY
	Please review our other policies, such as our Shipping and Returns policy, posted on Argosee website. These policies also govern your visit to Argosee website. We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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