Term Of Use
This website is operated by Life Fixing Store owners. Through out the site, the terms “we”, “us” and “our” refer to Life Fixing Store owners. Life Fixing Store offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read the following terms and conditions carefully before placing your order with Life Fixing Store website. By completing and submitting the customer order form online and using the Life Fixing Store Online service, you acknowledge that you have read and agree with the terms and conditions outlined below.
The following definitions form part of these Terms and Conditions. Customer means any party or parties making direct purchases of any Goods and/or Services from Life Fixing Store. If there is more than one Customer, the obligations of the Customer under these Terms shall bind all such parties jointly and severally. Goods means all or a portion of the goods and/or materials and/or equipment and/or parts offered for delivery and/or supply by Life Fixing Store. Invoice means all invoices for Goods and/or Services supplied by Life Fixing Store to the Customer. Services means all or a portion of and/or services offered by Life Fixing Store from time to time. Standard Prices means Life Fixing Store’ prices in effect at the date of delivery, notification of which to the Customer will be reserved by Life Fixing Store. Terms means these terms and conditions as amended from time to time and those, if any, which are implied and which cannot be excluded by law.
2.1 The whole of the agreement between Life Fixing Store and the Customer is set out in these Terms.
2.2. Any other contractual terms of the Customer (whether upon the Customer’s order or elsewhere) that are contrary to or inconsistent with these Terms shall not apply nor shall they constitute a counter-offer.
2.3 By receiving delivery and/or supply of the Goods and/or Services, the Customer shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others.
3. QUOTATIONS AND PRICING
3.1 Prices charged for Goods and/or Services will be according to a current quotation for those Goods and/or Services. Otherwise, they will be determined by Life Fixing Store by reference to its Standard Prices.
3.2 Unless otherwise specified by Life Fixing Store, the prices exclude costs (freight and postage and handling fees etc), duties and charges in relation to insurance, packing (other than the standard packing of Life Fixing Store), crating, delivery (whether by road, rail, ship or air) and export of the Goods.
4. DELIVERY & SUPPLY
4.1 Any times quoted for delivery and/or supply are estimates only and Life Fixing Store shall not be liable for failure to deliver/supply or for delay in delivery/supply. The Customer shall not be relieved of any obligation to accept or pay for Goods and/or Services by reason of any delay in delivery/supply or dispatch.
4.2 Life Fixing Store reserves the right to stop any delivery and supply of Goods at any time if the Customer fails to comply with the Terms.
4.3 The risk of damage, loss or deterioration of any Goods will pass to the Customer upon the date of receipt of the Goods.
4.4 The Customer is deemed to accept delivery of the Goods where it is either delivered to the Customer's premises or when Life Fixing Store notifies the Customer that the Goods are available for collection.
4.5 Any shortage or error in a shipment of Goods must be reported in writing (including email) by the Customer to Life Fixing Store within twenty-four (24) hours of the Customer’s receipt of the shipment.
4.6 The report must state the relevant invoice number, the Goods ordered and the shortage or error claimed.
4.7 Life Fixing Store will investigate all reports and, subject to Life Fixing Store’ confirmation of any shortage or error in shipment, Life Fixing Store will rectify any shortage or error in shipment.
4.8 Refer to Life Fixing Store “Shipping & Delivery” Policy.
5. RESERVATION OF TITLE
Risk and title in the Goods passes to you upon delivery of the Goods to your nominated Delivery Address.
6. AVAILABILITY OF STOCK
6.1. Goods and Services are subject to change without prior notice to the Customer.
6.2. Any order that cannot be fulfilled will automatically be back ordered and processed when stock becomes available unless it is the Customer's stated standard policy not to accept back orders or the Customer specifically marks its order, "Do Not Back Order". Deliveries at any time are subject to availability of stock and Life Fixing Store will not be liable for any charges due to product unavailability.
The Customer acknowledges and accepts that Life Fixing Store sells and supplies its Goods only through persons who have been authorized by Life Fixing Store to sell specific product categories at specific locations and who comply with Life Fixing Store's Terms.
7.1. Subject to Part IV of the Trade Practices Act 1974:
(a) Under no circumstances may the Customer sell, offer to sell, market or display, or cause to sell, offer to sell, market or display for sale, or use in any other way Goods through the internet or by mail order.
(b) The Customer is prohibited from selling, offering to sell, marketing or displaying, or causing to sell, offer to sell, market or display for sale, or use in any other way Goods.
8. SHIPPING & DELIVERY
8.1. Life Fixing Store will ship by the least expensive route and carrier to all points. The freight charge will be included as a separate item on the invoice or free. Life Fixing Store shall not be liable to the Customer or any other person for any loss or damage which may result directly or indirectly from freight handling.
9. RETURN AND EXCHANGE OF GOODS
9.1. All faulty Goods must be returned to Life Fixing Store, complete with one package with all component parts (where applicable). Goods should be returned to Life Fixing Store with a completed returns form within 30 days.The return address of goods is: Romania - Transylvania, City - Timisoara Str. Alexandru Averescu 59a Ap. 22
Goods deemed faulty will be replaced free of additional freight charges. Refunds will not be provided for any returned Goods, unless replacement Goods are unavailable.
9.2. Goods will be inspected by a Quality Assurance Department and Goods that have been purposefully tampered with (including but not limited to Goods that have been mishandled, Goods that have had protective coating removed and Goods that have been damaged by abuse, accident, corrosive environments, negligence or improper installation) will not qualify for exchange or credit.
9.3. The returns form referred to in clause 10.1 must quote the invoice number against which the Goods were initially supplied.
9.4. Life Fixing Store reserves the right to refuse any returned Goods that do not comply with Life Fixing Store return terms.
10. PRIVACY ACT 1988 (“PRIVACY ACT”)
Personal information collected will be used for the purpose of processing the order, and may be shared with a third party delivery agent for the purposes of delivering your order.
By placing an order the customer consents to transfer of information to the United States.
11. LIMITATIONS OF LIABILITY
11.1. To the maximum extent permitted by law, all conditions, warranties, representations, liabilities and obligations, whether implied or imposed by a statute or otherwise, in respect of supply of Goods and/or Services, including any conditions or warranties as to merchant ability, fitness for purpose or correspondence with description, or any information or advice, are excluded and all liability for loss or damage, whether consequential or otherwise and whether arising from negligence or from any other course whatsoever, is excluded.
11.2. If Life Fixing Store is held or found to be liable to the Customer for any matter relating to or arising in connection with the sale or supply of Goods and/or Services to the Customer whether based on an action or claim in contract, negligence, tort or otherwise, the amount of damages the Customer will be entitled to recover from Life Fixing Store will be limited to the amounts actually paid by the Customer for the Goods and/or Services.
11.3. Life Fixing Store shall not under any circumstances be liable to the Customer or any other person (whether directly or indirectly) for any loss of revenue, loss of profit or any consequential loss whatsoever in any way related to or in connection with the sale or supply of Goods and/or Services to the Customer under these Terms.