Over60 Shop Terms of use

Last Updated on 17 March 2017

Welcome to the OverSixty Shop website.

These Terms of Use govern your use of and access of this website (shop.oversixty.com.au), our Platforms and the purchase of goods via our Platforms.

These Terms of Use may be changed from time to time. Please look at the Last Updated date at the top of these Terms of Use as published on our website. Please note that any changes to these Terms of Use will not apply retrospectively, so they will not apply to any previous purchases that you may have made via our Platforms. The terms applicable to those previous purchases will be the Terms of Use at the time the purchases were made.

By using our Platforms, you confirm that you accept these Terms of Use. Your use of our Platforms after any change means that you agree to our amended Terms of Use.

IMPORTANT NOTE: Our Platforms are an online marketplace for advertising third party (Supplier) goods. Some Supplier goods advertised on our Platforms are sold by us on behalf of those Suppliers. When we do so, you are buying those goods from us and those items will appear in your shopping cart and you will check out via our Platforms.

Some other Supplier goods advertised on our Platforms, are NOT sold by us, but are sold by our Suppliers direct to you. You can tell the difference when you click on an advertised item, if you are redirected to the Supplier’s website. You will then go through the Supplier’s check out process.

Definitions:

  1. Platforms means our website and other e-commerce technology including apps and mobile telephone platforms.
  2. Suppliers means the third party merchants who engage us to advertise their goods on our Platforms.
  3. you/your means a user of our Platforms.
  4. we/our/us means The Seniors Ad Network Pty Ltd t/as OverSixty (ABN 12 167 436 188) and includes our related companies

    General

  5. Please see our Privacy Policy in relation to how we collect, hold and use your personal information shop.oversixty.com.au/pages/privacy-policy.
  6. If you breach any of these Terms of Use, we reserve the right to suspend or terminate your account and to prevent you from using our Platforms in the future.

    Buying goods from us

  7. You can only buy goods or services from us via our Platforms if you are an Australian resident and you are over 16 years old. If the goods you want to buy are alcoholic goods, then you promise that you are over 18 years old. Deliveries are only to addresses located in Australia.
  8. When you place an order via our Platforms, you authorise us to provide your name, delivery address and purchase details to the relevant Supplier.
  9. You will receive an email order confirmation, once your payment has been received. It will also constitute our tax invoice.
  10. We will separately email you when the goods are dispatched for delivery by the relevant Supplier.
  11. You are responsible for:
    1. making sure that the goods meet your requirements for their intended purpose, application and/or use before you place an order to buy them.
    2. taking reasonable steps to check the information about the goods that are advertised via our Platforms.
  12. We reserve the right to change, suspend or remove any goods or any other information from our Platforms at any time.

    Pricing for goods sold by us

  13. Prices are current at the time of display on our Platforms. All prices are quoted and charged in Australian ($) dollars, and unless specified otherwise, all prices are inclusive of GST.
  14. We reserve the right to update the prices of the goods from time to time without notice, including due to changes in pricing imposed by a Supplier. You are not entitled to a refund if the price for goods that you have already placed an order for, changes, for example in relation to a promotional offering. Any special offers cannot be used in conjunction with any other discounts or offers.
  15. Unless specified otherwise, delivery costs are payable in addition to the price. Delivery costs will be displayed at the time of checkout, when you place an order.

    Payment, refunds and returns for goods sold by us

  16. Payment must be made in full at the time of order. All payments are made via our third party gateway provider www.shopify.com.au/legal/terms-payments-au
  17. All goods and services are subject to availability from our Suppliers. If an item is sold out or unavailable then you will be given the option of a store credit (“OverSixty Shop Credit”) or a full refund for any money paid by you (including delivery charges). If you choose an OverSixty Shop Credit, you will be given a credit to the same face value of the purchased item (including delivery charges).
  18. OverSixty Shop Credits may be redeemed for any other goods or services advertised on our Platforms. OverSixty Shop Credits are valid for a period of 12 months from their date of issue
  19. You can return any item for any reason (including change of mind) within 14 days of delivery provided you do so in accordance with these Terms of Use:
    1. If you choose to return an item, you must first contact our customer service team [email protected] to arrange return of the item. You need to provide your contact details and order confirmation number. You will then be given the option of either an OverSixty Shop Credit or a full refund less delivery charges. Delivery charges will not be refunded.
    2. You must then arrange to return the goods direct to the Supplier in its original condition and packaging. You will need to pay the costs of returning the goods to the Supplier.
    3. If you choose an OverSixty Shop Credit, you will be given a credit to the same face value of the purchased item less delivery charges.
    4. Refunds and OverSixty Shop Credits will be provided within 5 days after the relevant Supplier notifies us that the item has been returned in its original condition and packaging.
    5. For all returns (but excluding faulty items) you are responsible for the cost of sending the item back to the Supplier. You should use registered post or some other means of tracking the return of the item. OverSixty Shop Credits and refunds will not be provided until the item is delivered back to the Supplier.
  20. If you receive an item that is faulty please contact our customer service team. You need to provide your contact details and order confirmation number and details of the issue(s) with the product. Either we or our Suppliers may require you to send digital photos of the fault or defect or to return the faulty item for assessment. We will pay the delivery cost of returning the faulty item to the Supplier. Once the faulty item has been received and confirmed faulty, you will be given the option of a full refund, OverSixty Shop Credit or replacement.

    Delivery of goods sold by us

  21. We will arrange with our Suppliers to deliver goods purchased, direct to you using third party carriers.
  22. Delivery times are subject to the Suppliers’ third party carriers. We provide delivery information on each item listing on our Platforms, however this delivery information is indicative only.
  23. Deliveries will be made to the delivery address nominated by you at the time of placing your order. You are responsible for making sure that your delivery address is correct and that someone is present to receive the delivery.
  24. If you are concerned about a delivery, then please contact our customer service team directly [email protected]

    Buying goods direct from our Suppliers

  25. If you are directed to a Supplier’s website when you click on an item advertised on our Platforms, then you will buy that item direct from that Supplier (and not us) and:
    1. you will be subject to that Supplier’s terms and conditions of sale (including the Supplier’s refunds and returns policy) - you should check those carefully before you finalise your purchase;
    2. you will pay that Supplier directly;
    3. that Supplier will be responsible for delivering the item to you, and may charge you additional delivery or re-delivery fees;
    4. if you have any issues with the item purchased, then you have rights only against that Supplier and you will need to address any issues directly with the Supplier; and
    5. we will not be involved in the sale of that item to you at all.

    Access to our Platforms

  26. We try our best to ensure that you can access our Platforms, 24 hours a day, 7 days a week, except for upgrades and maintenance times. However, we cannot promise that access to our Platforms, or their functionality will be uninterrupted or error-free, or that our Platforms or our server(s) which store and transmit content, are free of viruses or other harmful components, or are completely secure.
  27. You acknowledge that you may experience interruptions and access difficulties from time to time and that given the nature of IT systems, our Platforms may be interfered with by numerous factors outside our control (including our reliance on third party systems and services such as internet service providers and cloud service providers). We will take reasonable steps to fix defects in our Platforms, within a reasonable time of you giving us details.
  28. We will do our best to perform all scheduled maintenance at times which will affect the fewest number of our OverSixty members and Suppliers. Generally, we will post details of any scheduled maintenance to our Platforms in advance.

    Your obligations

  29. You are solely responsible for your use of our Platforms and any data and content that you submit to our Platforms. You use our Platforms at your own risk.
  30. You must not submit any content or information to us that may contain any hidden images or code, any malicious code, data or set of instructions that intentionally or unintentionally causes harm or adversely affects the intended function of our Platforms including, viruses and other computer programming/software routines that may damage, modify, delete, interfere with, intercept or access any system, data or personal information without our permission.
  31. You must not interfere or attempt to interfere with our Platforms using any software program, routine or other activity.
  32. You must not attempt to gain unauthorised access to our Platforms, computer systems or networks or to any of the services we supply, through hacking, password mining or any other means.
  33. You must not copy, reproduce, modify, re-publish, upload to a third party, transmit, post or distribute the contents of our Platforms, electronically or otherwise without our express permission. However, strictly on the condition that you keep all content intact and in the same form as presented on our Platforms, you may, using an industry-standard web browser, download and view the content for personal, non-commercial use only.
  34. You must not commercialise any content obtained from our Platforms without our written permission.
  35. As a condition of your use of our Platforms, you agree that you will not use any of our Platforms:
    1. for any unlawful purpose or any other purpose which is prohibited by these terms and conditions;
    2. in a way that stores, sends or distributes any content which is restricted, prohibited, or is otherwise unlawful under any applicable law;
    3. to submit any content that is obscene, defamatory, offensive or abusive;
    4. to violate a person's privacy or misuse any person’s confidential information;
    5. to infringe any person's rights (including intellectual property rights and moral rights);
    6. that would result in an excessive load being generated on our servers, network, or other resources;
    7. on order to access anyone else's systems, networks or data without consent, regardless of whether or not that access or use has any adverse effect on the system, network, or data;
    8. in a way that uses or distributes any software designed to harvest email addresses.

    Liability

  36. If you are a consumer for the purposes of the Australian Consumer Law (“ACL”), you have the benefit of the consumer guarantees and other non-excludable rights set out in the ACL. Subject to those consumer guarantees and non-excludable rights, to the extent permitted by law, all representations, warranties and conditions of any kind, implied by statute, general law or custom relating to our Platforms and our goods/services are excluded.
  37. To the extent permitted by law, (including the provisions of the ACL in relation to “major failures”), our liability for breach of any consumer guarantees and non-excludable rights is limited, at our option (in respect of our goods and services, including our Platforms), to any one or more of the following:
    1. in the case of goods - the repair of the goods, the replacement of the goods or the supply of equivalent goods or to the payment of the costs of repair, replacement or supply of equivalent goods; and
    2. in the case of advice, recommendations, information or services, by supplying the advice, recommendations, information or services again, or by paying the cost of supplying the advice, recommendations, information services again.
  38. To the extent permitted by law (including the provisions of the ACL), we are not liable and you cannot make any claim against us in connection with any loss of profits, loss of revenue, loss of business, loss of production, loss of data, loss of opportunity or goodwill, corruption of data or software, equipment failure or damage, security breach, network intrusion, network downtime, business interruption or any indirect or consequential loss that you might suffer.

    Third party content and links

  39. Our Platforms include third party content which is owned and/or subject to that third party’s terms and conditions of use. That includes the content which is published on our Suppliers’ websites and platforms. Please note that you are not granted any licence or right to use that third party content.
  40. Our Platforms also include links to third party sites which are not related to us, including to the websites and platforms of our Suppliers. These links have been provided only as a convenience to you.
  41. We do not control or have responsibility for the content of any linked sites, any changes or updates to those linked sites or the terms of use of those linked sites. Your use of those linked sites is solely your responsibility. We do not endorse the content of any linked sites.

    Intellectual property and content on our Platforms

  42. 42. All intellectual property in relation to content which we place on our Platforms (other than content which you submit to us) is either owned or licensed by us or is owned or licensed by our Suppliers or other third parties that we deal with. That includes all logos and trademarks. You do not obtain any interest in that intellectual property.
  43. All content which we place on our Platforms is provided in good faith and is believed to be appropriate, accurate and reliable. However, we do not guarantee the accuracy of the content which we place on our Platforms. That includes information in relation to our Suppliers and advertisers. All content is provided on an “as is” basis.

    Privacy

  44. We handle your personal information in accordance with our Privacy Policy. You can view our Privacy Policy here shop.oversixty.com.au/pages/privacy-policy

    General

  45. These Terms of Use are governed by the laws in force in New South Wales. Both we and you irrevocably agree to submit to the non-exclusive jurisdiction of the Courts of that State.