Terms and Conditions

TERMS AND CONDITIONS

Definitions

“Conditions” means these terms and conditions: “Personal Information” means any personal details provided by you via the Website; “User(s)” means (a) user(s) of the Website either collectively or individually, as the context requires; “We/us/our” means Smith & Sons & Investments  / JARED SMITH SEO PTY LTD (ACN: 29 613 857 613), “Website” means the website located at www.collectible.net.au or any subsequent URL which may replace it; and “You/your” means you as a user of the Website.

 

1) ACCESS

 

We will provide you with access to the Website in accordance with these Conditions.

 

2) YOUR OBLIGATIONS

 

2.1 You:

 

2.1.1 Agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;

 

2.1.2 Agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;

 

2.1.3 Will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character or that may cause annoyance, inconvenience or needless anxiety;

 

2.1.4 Will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;

 

2.1.5 Will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);

 

2.1.6 Agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

 

3) INDEMNITY

 

3.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.

 

4) OUR RIGHTS

 

4.1 We reserve the right to:

 

4.1.1 Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

 

4.1.2 Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

 

4.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

 

4.3 Smith & Sons & Investments is responsible for the goods up until the time they are delivered to you. When your memorabilia is delivered please examine it carefully. After you accept delivery of your order we will not be held responsible for any damage or loss claims.

 

5) THIRD PARTY LINKS

 

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

 

6) MONITORING

 

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

 

7) YOUR DATA

 

7.1 We respect your personal information and undertake to comply with applicable worldwide data protection laws. View our Privacy Policy here

 

7.2 You should be aware that:

 

7.2.1 If we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and

 

7.3 We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.

 

7.4 Please view our Privacy Policy, which forms part of these Conditions.

 

8) INTELLECTUAL PROPERTY AND RIGHT TO USE

 

8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.

 

8.2 The Website is Copyright, Smith & Sons /

JARED SMITH SEO PTY LTD (ACN: 29 613 857 613). All rights reserved.

 

9) NOTICES

 

9.1 You may send us notices under or in connection with these Conditions:

 

9.1.1 By post to:

 

Att: Jared Smith

 

Smith & Sons

PO Box 3157

Warner Qld 4500

Australia

 

9.1.2 By email by using our contact form here

 

9.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 3 working days of our receipt and should be retained by you.

 

10) LIMITATION OF LIABILITY

 

10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.

 

10.2 The Website is provided on an “as is” and “as available” basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf including but not limited to, implied warranties of satisfactory quality, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.

 

10.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.

 

10.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under Australian law.

 

10.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.

 

10.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party’s hyper-text link.

 

10.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:

 

10.7.1 Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

 

10.7.2 Any loss of goodwill or reputation; or

 

10.7.3 Any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.

 

10.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

 

11) Grant of Rights and Restrictions

 

11.1 Subject to all the terms and conditions of this agreement, we shall supply products and/or services to you and grant you a personal, non-transferable, terminable license to use them from the Effective Date for the Purchase Date or Subscription Period.

 

11.2 You may request, and we may agree to upgrade or downgrade a product or service provided to you.

 

11.3 We shall use all reasonable endeavours to ensure that access to the product lines and services are available at all times subject to planned and emergency downtime. We shall use all reasonable endeavours to notify you of planned downtime and unavailability of our products and/or services however notwithstanding such obligation, we shall not be liable for any unavailability which arises as a result of emergency downtime and unavailability.

 

11.4 Unauthorized use of our products and/or services is expressly prohibited.

 

11.5 You agree not to use the our products and/or services for any use that by implication or inference (direct or indirect) is:

 

a) Obscene, libelous, blasphemous, defamatory, inciting hatred, terrorism or any similar offence

 

b) Unlawful or misleading

 

c) Breaches third party copyright, including, without limitation, storing or sharing copyrighted material that has not been legally obtained

 

d) Undertaken on behalf of third parties

 

e) In contravention of any applicable local, state, national and foreign laws, treatises and regulations

 

11.6 If you are in breach of any clause or in our opinion, reasonably likely to become in breach, we may suspend or act in other manner according to our various policies. You hereby indemnify us in full for any loss or damage suffered by us as a result of your breach of these terms and any subsequent actions undertaken by us.

 

12) SEVERANCE

 

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

 

13) WAIVER

 

Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.

 

14) SURVIVAL

 

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

 

15) ENTIRE AGREEMENT

 

These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

 

16) LAW

 

The Conditions will be exclusively governed by and construed in accordance with the laws of Australia whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

 

17) PRICING

 

All prices displayed are in US Dollars (USD) unless converted by the user in the online shop or checkout.

 

18) REFUND POLICY

 

Where it is stated that “you are investing for the life of that item backed by a 100% lifetime authenticity money back guarantee” This relates to all certified/validated autographed memorabilia from Smith & Sons. It does not relate to uncertified products.

 

However, we offer refunds on all of our items if you are not satisfied; the item is damaged or not as advertised. In these cases we will require proof of purchase and the customer will pay for any associated return costs. For items that are framed, we will refund the cost of the photo / album cover but we are unable to refund the framing cost / vinyl record.

 

1. Smith & Sons will refund the purchase price of any item that was either incorrect to what you ordered, damaged in transit or unsuitable for sale. All claims must be submitted within 7 days of receiving your goods via written email only.

 

2. Returns can be made within 30 days of purchase. We will only accept the products in their original and undamaged state. We offer free shipping on all items; however, we will require customers to pay the shipping costs associated with the exchange/return and our original shipping costs in sending you the item.

 

3. If upon delivery your product is found to have been damaged in transit please contact us. Please return the product to us within 30 days of purchase.

 

4. If you receive a product that appears to have been damaged in transit, you should insist upon immediate inspection of the goods before accepting them. If upon inspection the goods are damaged, you should refuse to accept delivery of the product, direct the courier to return the goods to the sender and immediately contact us.

 

5. For items that are framed, we will refund the cost of the photo / album cover but we are unable to refund the framing cost.

 

6. Refunds will be made either by applying for a credit against the credit card used for the original purchase, or to a nominated account if a card was not used.

 

7. All credit card surcharges involved with the original transaction and refund will also be covered by the customer (this is what the bank charges us to process the original transaction and resulting refund).

 

If you have any further questions on our returns policy please contact us here.

Free Worldwide Shipping - Smith & Sons offers FREE WORLDWIDE SHIPPING on all products.

We make returns simple and trouble-free. You can easily return your memorabilia for a refund. No questions asked as long as it is in the same original condition it left.

Top

eCommerce by CubeCart