ONLINE TERMS AND CONDITIONS OF SALE

1.Who we are and how to contact us

1.1www.stackstore.com.au is a website (our Website) operated by Retail Display Direct Pty Ltd (ABN 14 638 520 868) of 3 Wordie Place, Padstow NSW 2211 (we, us and our), trading as Stack.

1.2To contact us, please email support@stackstore.com.au.

2.Our contract with you

2.1When you purchase goods from our Website, you enter into a contract with us under these terms and conditions (Terms) in respect of those Goods purchased (Contract).

2.2The Contract is the entire agreement between you and us in relation to its subject matter.

2.3You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty that is not set out in this Contract or our Website.

2.4Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified.

3.Placing an order and its acceptance

3.1Any quotation we issue is not an offer to sell. An order placed in reliance on a quotation does not bind us unless and until we accept it. Unless we agree otherwise in writing, we may accept or reject an order within seven (7) days after we receive it.

3.2Please follow the onscreen prompts on our Website to place an order through our Website to purchase the goods on our Website (Order). An Order is placed by:

(a)adding goods to the cart on our Website (Cart) with the correct quantity;

(b)clicking the “Check Out” button while remaining on the Cart page;

(c)reviewing the details, including your details, shipping address and billing address, the “Order Summary” and the total amount to be charged;

(d)entering your payment details; and

(e)clicking “Place Order” button.

3.3Each Order is an offer by you to buy goods specified in the Order subject to these Terms.

3.4Our ordering process allows you to check and amend any errors before clicking the “Place Order” button. Please check the Order carefully before submitting it through our Website. You are responsible for ensuring that your Order and any specifications submitted by you are complete and accurate.

3.5After you place your Order, you will receive an acknowledgement from us acknowledging that we have received it, but please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 3.6.

3.6Our acceptance of your Order takes place when we confirm acceptance of your Order (for example, by issuing an order confirmation or by dispatching the Goods) (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence.

3.7If we are unable to supply you with the Goods (in whole or in part), we will inform you as soon as practicable and we will either (a) cancel the affected items(s), or (b) place them on backorder or supply them separately, in each case as notified by you. If you have already paid for the Order, we will refund you the amount you paid for the cancelled item(s).

3.8We reserve the right not to sell below our cost and may cancel the Order if the goods you ordered are sold below cost. We will refund you the amount you paid for the cancelled item(s).

3.9Stock availability.

All orders are subject to stock availability. Stock levels shown on the Website are indicative only and may change before dispatch.

3.10Backorders and split deliveries.

If an item is out of stock or becomes unavailable after Order Confirmation, we may (at our option) place that item on backorder or supply your order in separate shipments. We will notify you if this occurs.

3.11If we cannot supply an item within a reasonable time (or within any timeframe we have confirmed to you), you may cancel the affected item(s) by contacting us and we will refund any amount paid for those item(s).

4.Cancelling your order and obtaining a refund

4.1Whether a Contract can be cancelled is at our discretion subject to your rights under the Australian Consumer Law and any other applicable law that cannot be excluded, restricted or modified.

4.2We do not provide credits for price differences due to subsequent price drops, except to the extent required by law or where we agree otherwise in writing.

4.3You must notify us as soon as possible if you wish to cancel. To cancel the Contract, you must contact us by telephone or email. We may ask you for information reasonably required to identify the order and process the cancellation or any refund.

4.4If we agree to cancel the Contract, the outcome depends on whether the Goods have been dispatched and whether the Goods are “Specially Ordered” or “Custom goods”.

(a)If we agree to cancel before dispatch, we will refund amounts paid for the cancelled Goods.

(b)If we agree to cancel after dispatch, you are responsible for our reasonable shipping and handling costs (including the cost of return shipping), and we may deduct those costs from any refund.

Specially Ordered and Custom goods

(c)“Specially Ordered” goods (goods ordered in specifically for you) or Custom goods (including custom printed signage) may not be cancelled, returned or exchanged for change of mind, except where we agree in writing or where required by law.

(d)If we agree to a cancellation of Specially Ordered goods or Custom goods, a cancellation fee of 25 per cent of the price of those Goods may apply to reflect supplier and freight costs reasonably incurred.

4.5This clause 4 does not limit your rights under the Australian Consumer Law in relation to faulty, unsafe, misdescribed or otherwise non-compliant Goods.

5.Our Goods

5.1Any descriptions or illustrations on our Website are published for the sole purpose of giving an approximate idea of the Goods described in them.

5.2We will supply the Goods to you in accordance with the specification for the Goods appearing on our Website at the date of your Order in all material respects.

5.3We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to dispatch or deliver the Goods by such dates does not, by itself, give you a right to cancel, subject to any rights you have under the Australian Consumer Law.

6.Your obligations

6.1It is your responsibility to ensure that:

(a)You pay for the goods in accordance with clause 9;

(b)the terms of your Order are complete and accurate;

(c)you cooperate with us in all matters relating to the Order;

(d)you provide us with such information and materials we may reasonably require in order to supply the Goods, and ensure that such information is complete and accurate in all material respects;

(e)you prepare your premises for the supply, delivery or installation of the Goods where applicable; and

(f)you comply with all applicable laws, including health and safety laws.

6.2If our ability to supply the Goods is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default):

(a)we will be entitled to suspend the supply of the Goods until you remedy Your Default, and to rely on Your Default to relieve us from supplying the Goods, in each case to the extent Your Default prevents or delays the supplying of the Goods; and

(b)we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to supplying the Goods.

7.Services in Australia only

7.1Unless confirmed by us, we will only supply and deliver Goods to addresses within Australia.

8.Fees

8.1In consideration of us supplying the Goods, you must pay our fees (Fees) in accordance with this clause 8.

8.2The Fees are the prices quoted for goods (on our Website) at the time you place your Order.

8.3If you wish to change the scope of our services after we accept your Order, and we agree to such change, we will modify the Fees accordingly.

8.4We reserve the right to adjust freight costs at any time prior to dispatch (for example, where carrier charges change or where an error is identified). If we notify you of an increase in freight cost, you may cancel the order for the affected Goods by giving notice to us any time prior to dispatch.

9.Payment

9.1You must pay for all online purchases using one of the payment methods we offer from time to time on the Website (which may include credit card and PayPal).

9.2We may deduct amounts we owe you from amounts you owe us under the same order, to the extent permitted by law.

10.How we may use your personal information

10.1We will use any personal information you provide to us to:

(a)provide the Goods;

(b)process your payment for the Goods; and

(c)send marketing communications where you have opted in (or where otherwise permitted by law). You can opt out at any time using the unsubscribe function in the message or by contacting us.

10.2We do not store your credit card details. Payment information is processed by our payment service providers.

10.3Further details of how we will process personal information are set out in our Privacy Policy https://www.stackstore.com.au/privacy-policy/

11.Warranty and liability

11.1Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

(a)You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

(b)You may also be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

(c)Whether a refund, credit, replacement or repair is given is at our discretion and will be in accordance with Australian Consumer Law.

11.2Goods may contain warranty documents on or inside the packaging provided by the manufacturer or distributor of the Goods. Unless clearly expressed otherwise, any such warranty is not given by us.

11.3Indirect Loss means loss that does not arise naturally from the relevant event and is not reasonably foreseeable, and includes loss of profit, loss of revenue, business interruption, loss of business opportunity, loss of goodwill, and loss of anticipated savings; and Other Property means any property other than the Goods supplied under this Contract.

To the extent permitted by law:

(a) we are not liable for any Indirect Loss; and

(b) we are not liable for damage to Other Property except to the extent that the damage is a direct result of the failure, is reasonably foreseeable, and is proven.

Nothing in this clause 11.3 limits any liability that cannot be excluded under the Australian Consumer Law.

11.4To the extent permitted by law, and subject to clauses 11.1 and 11.5, where we are liable to you under these Terms for any losses you suffer, our liability will be:

(a)reduced or limited to the extent (if any) that you either caused or contributed to those losses;

(b)our total aggregate liability arising out of or in connection with the Contract (including in relation to the Goods and any damage to Other Property) is capped at the price paid for the Goods the subject of the claim; and

(c)you must take reasonable steps to mitigate your loss.

11.5All other warranties are excluded, except those which are non-excludable in law, including the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL). Subject to the ACL, where Goods supplied are not of a kind ordinarily acquired for personal, domestic and household use, our liability to you is limited to refunding the price, replacing or repairing the relevant Goods (at our option).

11.6Nothing in this Contract limits or affects the exclusions and limitations set out in our Website Terms of Use https://www.stackstore.com.au/terms-of-use/.

11.7This clause 11 will survive termination of the Contract.

12.Delivery and collection

12.1We do not ship to post office box addresses.

12.2We do not ship to third party addresses unless the address is known to us and can be verified by us.

12.3Collection.

If you arrange collection, risk passes to you on collection from our premises.

12.4Delivery.

If we arrange delivery to the delivery address you nominate, you are responsible to ensure someone is available to accept delivery and that access is available and safe for delivery (including any delivery restrictions notified by the carrier).

If delivery cannot be completed because the address is unattended or access is not available, you are responsible for reasonable re-delivery costs.

If you do not arrange re-delivery or collection within a reasonable time after we notify you, we may treat the order as cancelled and refund the price paid for the Goods less our reasonable costs of delivery, return, storage and handling (to the extent permitted by law).

12.5Risk.

Where we arrange delivery, risk passes to you when the Goods are delivered to the delivery address (subject to any rights you have under the Australian Consumer Law).

13.Missing or damaged items.

You should notify us as soon as possible (and, where practicable, within 24 hours after delivery) if Goods are missing or arrive damaged, to allow us to investigate promptly with the carrier. This does not limit your rights under the Australian Consumer Law.

14.Retention of title.

14.1Title to the Goods passes to you when we receive payment in full for the Goods. Until then, you must hold the Goods on trust for us as bailee, keep them identifiable and in good condition, and (to the extent permitted by law) hold any proceeds of sale of the Goods on trust for us.

14.2We may enter premises to inspect or recover unpaid Goods only where permitted by law and with reasonable notice, and not in a manner that is unfair or unlawful.

15.Accounts and security.

15.1You must provide current, complete and accurate information. You are responsible for maintaining the confidentiality of your account credentials and all activities under your account. We may request reasonable identification information to reduce fraud risk.

16.Confidentiality

16.1We each may disclose the other's confidential information:

(a)where the information is in the public domain as at the date of this Contract (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on either of us);

(b)if either of us is required to disclose the information by applicable law or the rules of any recognised stock exchange or other document with statutory content requirements, provided that the recipient has consulted with the provider of the information as to the form and content of the disclosure;

(c)where the disclosure is expressly permitted under this Contract;

(d)if disclosure is made to our respective officers, employees and professional advisers to the extent necessary to enable either of us to properly perform our obligations under this Contract or to conduct our business generally, in which case we each must ensure that such persons keep the information secret and confidential and do not disclose the information to any other person;

(e)where the disclosure is required for use in legal proceedings regarding this Contract; or

(f)if the party to whom the information relates has consented in writing before the disclosure.

16.2Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.

17.Force majeure

17.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

17.2If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a)we will contact you as soon as reasonably possible to notify you; and

(b)our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for supplying the Goods with you after the Event Outside Our Control is over.

17.3You may cancel the Contract affected by an Event Outside Our Control. To cancel, please contact us. If you opt to cancel, we will refund the price you have paid, less the expenses reasonably and actually incurred by us in supplying the Goods up to the date of the occurrence of the Event Outside Our Control.

18.Notices

18.1When we refer to "in writing" in these Terms, this includes email.

18.2Any notice or other communication given under or regarding the Contract must be in writing and be delivered personally, sent by pre-paid post or email.

18.3A notice or other communication is deemed to have been received:

(a)if delivered by hand to the nominated address, when delivered to the nominated address;

(b)if sent by pre-paid post, at 9.00 am (addressee's time) on the third Business Day after the date of posting; or

(c)if sent by email, at the time the email is sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered.

18.4In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

18.5The provisions of this clause 18 will not apply to the service of any proceedings or other documents in any legal action.

19.Variation

19.1Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

20.Assignment and novation

20.1We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on our Website if this happens.

20.2You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

20.3A breach of clause 20.2 by you entitles us to terminate this Contract.

21.Severability

21.1If the whole or any part of a provision of this Contract is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.

21.2Clause 21.1 does not apply if the severance of a provision of this Contract in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under this Contract.

22.Relationship of the parties

The Contract is between you and us. No other person has any rights to enforce any of its terms. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms.

23.Governing law and jurisdiction

These Terms, their subject matter and their formation, are governed by the laws of New South Wales. You and we both agree that the courts in Australia will have exclusive jurisdiction. Our Website is available only to people who can form legally binding contracts under applicable law.