Terms of Sale
These Terms of Sale constitute a legally binding contract between Surroundings Pty Ltd ACN 125 139 193 (Surroundings) and apply to the Goods ordered and subsequently supplied via the website located at the URL www.surroundings.com.au (Site).
The Contact information for Surroundings is as follows:
Surroundings Pty Ltd ACN 125 139 193
9 Trafalgar Street
Qld 4102 Australia
Telephone: 1300 734 119
1.1 Offer to purchase
The terms and conditions in this document amount to an Offer by the (Customer) to purchase the selected Goods from Surroundings at the prices shown. The Price of the Goods includes:
(a) the Goods selected by the Customer;
(b) any applicable taxes; and
(c) shipping costs.
1.2 Customer acknowledgment
(a) Customers acknowledge and agree that they have had sufficient opportunity to read and understand the terms and conditions by which Surroundings is prepared to accept their Offer and that they are legally able to make this Offer.
(b) Customers acknowledge that these terms and conditions were brought to their attention prior to making the Offer to purchase the Goods.
(c) If making an Offer, Customers warrant that:
the information provided regarding the delivery address and their contact information is accurate;
Surroundings may contact them to confirm information in relation to their offer.
If Customers are not prepared to be bound by these terms and condition of sale, then they must immediately leave this Site.
1.3 Warranty about contractual capacity
Before completing the information required to process an Offer, Customers agree that they:
(a) are aged sixteen (16) years or over; or
(b) have the consent of a parent or guardian.
In this Agreement, the following capitalised terms have the associated meanings:
Anticipated Shipping Time means the amount of time that Surroundings expects that it will take before the Goods will be shipped to the Customer.
Agreement means the terms and conditions contained in these Terms of Sale and Licence.
Charges means all other costs which the Customer is prepared to make an Offer to purchase the selected Goods.
Customer means a Party to this Agreement that has made an Offer to purchase the selected Goods from Surroundings on the terms and conditions contained herein.
Goods means the items that the Customer has selected and has offered to purchase from Surroundings.
Offer means the offer by the Customer to purchase the selected Goods according to the terms and conditions contained in these Terms of Sale.
Order means an Offer which has been accepted by Surroundings.
Intellectual Property (IP) means all industrial and intellectual property rights including, without limitation, patent rights, copyright, right to extract information from databases, design rights, trade secrets, rights of confidence, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them).
Parties or Party means the Customer and Surroundings as the case or the context requires.
Returns Policy means Surrounding’s policy by which it will allow Customers to return Goods.
Single Figure Price means the price of the Goods, the delivery or shipping costs, the insurance and any tax or GST.
The Customer has selected the Goods from the Site and makes this Offer to purchase the selected Goods on the terms and conditions contained herein. Once the Offer is accepted by Surroundings it becomes an Order.
(a) The Offer by the Customer is accepted when Surroundings receives payment from the Customer and provides proof of receipt to the Customer.
Once Surroundings has accepted the Customers Offer, Surroundings sells to the Customer and the Customer buys from Surroundings the Goods on the terms and conditions contained in this Agreement.
The Surroundings must deliver the Goods to the address supplied by the Customer within the Anticipated Shipping Time. The Customer consents to Surroundings using the shipping Surroundings of its choice to deliver the Goods to the Consumer.
It is a condition of this Agreement that Surroundings will insure the Goods ordered by the Customer.
The Customer must not return the Goods unless they are not fit for purpose or otherwise in accordance with Surroundings ’s Return Policy.
Prices quoted on the Site apply to the Goods ordered at the time the Offer is made by the Customer and not at any other time.
The Single Figure Price is inclusive of GST.
Title and risk and payment
Title to the Goods free of encumbrances and all other adverse interests passes to the Customer on receipt.
The risk in the Goods remains with Surroundings until received by the Consumer.
(a) The Customer agrees that the credit card provided will be charged for the selected Goods.
(b) The act of charging the card constitutes acceptance by Surroundings of the Customers Offer to be bound by these Terms of Sale and Licence.
3.4 Intellectual Property Rights retained by Surroundings
(a) Surroundings retains all right, title and interest in the Copyright that subsists in the Goods.
(b) Customers may make one copy of the Goods for their own personal use, however all other rights of reproduction are retained by Surroundings.
(c) Customers acknowledge that they do not acquire any Intellectual Property Rights, either express or implied, in the Goods beyond the terms contained herein.
Disclaimer and limitation of liability
5.1 Disclaimer of warranties
Customers expressly acknowledge and agree that, to the maximum extent permitted by law:
(a) their use of our website is at their sole risk. The service is provided on an "as is" and "as available" basis. Surroundings and its officers, employees, agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
(b) Surroundings and its make no warranty that:
the Goods will meet Customers requirements;
the information contained in the Goods is accurate or reliable;
the Goods will be uninterrupted, timely, secure or error-free;
the quality the Goods, or other material obtained by Customers through the will meet your expectations; and
any errors will be corrected;
(c) any Goods downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer or loss of data that results from the download of the Goods; and
(d) no advice or information, whether oral or written, obtained by you from Surroundings or through or from the Goods creates any warranty not expressly stated herein.
5.2 Limitation of liability
(a) Except for certain statutory warranties under consumer protection laws we do not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to that Goods or your use of the Goods on this Site.
(b) Subject to any claims available under consumer protection laws, Surroundings, itsofficers, employees, agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:
any inaccurate or incorrect information provided on the Site;
Customers use of the Goods;
any failure or delay including, but not limited to, the use or inability to use anyof the Goods;
the cost of procurements of substitute Goods and Goods resulting from any Goods or Goods purchased or obtained through the Goods;
any unauthorised access to or alteration of your Account information;
(c) For claims that cannot be excluded or restricted under consumer protection laws, the liability of Surroundings for such a claim will (at Surroundings ’ option and to the extent permitted by law) be limited to:
in the case of Goods:
repairing or replacing those Goods; or
paying the cost of having those Goods repaired or replaced; and
if the breach relates to Goods:
resupplying those or equivalent Goods; or
paying the cost of having those Goods resupplied.
If Customers have a concern with the Goods once received then they should contact Surroundings and abide by our Complaints handling policy.
7.1 Changes to Terms of Sale
Surroundings may change the Terms and conditions at our discretion by providing notice on our website. The version of the Terms and conditions that applies to Customers will be available on the Site each time a Customer visits the Site.
7.2 Entire agreement
These Terms and conditions and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement with the Customer. Any contact with our Officers, Agents or Authorised Representatives that includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained herein.
7.3 Force majeure
Surroundings will not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond Surroundings ’s reasonable control.
Customers indemnify Surroundings and our respective officers, employees, subsidiaries and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that we may incur or suffer as a direct or indirect result of:
(a) a breach of the terms and conditions contained in this Agreement;
(b) the use or misuse of the Goods by the Customer;
7.5 Governing law and jurisdiction
The laws of Queensland and Australia govern this Agreement. The Parties submit to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.
If any part of these terms and conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.
If we do not act in relation to a particular breach by Customers of these terms and conditions, this will not be treated as a waiver of our right to act with respect to subsequent or similar breaches.