The terms and conditions contained on this page outline your rights and responsibilities as they apply to your use of this website.Under these terms and conditions 'SoldSmart' and 'we' refer to the vendor - SoldSmart International. 'This website' refers to www.soldsmart.com.au. 'You', 'customer', 'buyer', 'creator of the order' refer to those who elect to purchase from this website.By purchasing from this website you impliedly agree to be bound by the terms and conditions on this page. If you do not agree to the terms and conditions on this page, please do not purchase from this website. Only persons who are entitled to enter into a legal contract may purchase goods from this website. Minors aged below 18 years old, undischarged bankrupts, and any other person/corporation who is not entitled to legally enter into a contract are precluded from purchasing from this website.
The creation and submission of an order via this website constitutes an offer to SoldSmart by the creator of the order to purchase the goods in accordance with the terms and conditions outlined herein. Acceptance of an order for sale will not be considered effected until such time that SoldSmart has internally verified that the order is bona fide. Internal verification includes, but is not limited to: verifying the buyer's legal capacity to enter into a contract; verifying that payment has been remitted satisfactorily which includes verifying that a purchase has not been paid for by fraudulent means; verifying that the buyer indeed intends to purchase the goods in good faith. SoldSmart reserves the right to deny the sale of goods for any reason of which include, but are not limited to: dearth of stock; acts of God; unacceptable buyer behaviour; fraudulent activity; technical errors; human errors; other circumstances beyond our control.Acceptance of your order will be considered effected only when you receive communication from us informing you that your order has been shipped. If we are unable to accept your order we will notify you, and if payment has been remitted to us we will refund you in accordance with our policies and the Fair Trading Act 1987 (NSW).The advertising of goods by SoldSmart on this website does not constitute an offer to sell the goods. The advertising of goods by SoldSmart on this website merely constitutes an invitation to treat. SoldSmart is not legally obliged to supply the goods advertised on this site until a contract has been entered into between SoldSmart and the buyer. Such a contract will only be entered into when SoldSmart has acceptanced the purchaser's offer to buy. SoldSmart reserves the right to withdraw goods from sale at any time.
SoldSmart will endeavor to supply the products which you have ordered within a reasonable period of time. ETA as shown in the product listings on this website is simply an estimation as to the time your order will arrive. SoldSmart utilizes 3rd party courier services to deliver products to purchasers, and hence is not responsible for delivery times. By ordering from this website you impliedly accept that your order may arrive at a reasonable time before or after the ETA. SoldSmart utilizes 3rd party courier services to deliver products to purchasers, and hence is not responsible for goods damaged or lost in transit. SoldSmart will endeavor to recover goods, or monies equivalent to the value of said goods, which have been lost or damaged by 3rd party courier services. However, SoldSmart makes no guarantee that goods or monies can be recovered in such cases. In such cases, customers will only be refunded at SoldSmart's discretion.
On most purchases made via www.SoldSmart.com.au website SoldSmart Smartpoints are allocated to the purchaser's account. Smartpoints are redeemable for cash when a certain threshold has been reached and may only be redeemed via this website. The redemption threshold is outlined here. Smartpoints can also be used to obtain a discount on other items purchased via this website. Smartpoints accrue after an order has been fully paid. This means that SmartPoints awarded by purchasing one item cannot be used to obtain a discount on another item in the same order. SoldSmart reserves the right to alter, mollify, or abolish its SmartPoints programme at any time.
From time to time SoldSmart.com.au may run discount-coupon based marketing promotions. A coupon is only valid for the time period stated for that particular coupon and may only be redeemed for discounts on products specific to that particular coupon. SoldSmart.com.au reserves the right to 1.) Withdraw a coupon offer at any time 2.) Retrospectively revoke any redeemed coupon for any reason and provide a refund to the customer, in lieu of goods, to the full amount of money, excluding the value of the coupon, remitted to SoldSmart by the customer.
You must indemnify and hold SoldSmart and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify SoldSmart under this Section, SoldSmart will have the right to control the defense, settlement, and resolution of any claim at your sole expense. You may not settle or otherwise resolve any Claim without SoldSmart's express written permission.
SoldSmart, nor any of its subsidiaries or affiliates, shall in no event accept liability for any injury or damages whether they be consequential, incidental, direct, indirect, or of any other form. Such damages include, but are not limited to: pure economic loss, data loss, loss of enjoyment, loss of business profits.
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of SoldSmart. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and SoldSmart are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
