Last updated: July, 2021
General
Welcome to the Seamstop website. This website with URL addresses https://www.seamstop.com and https://www.seamstop.com.au is owned and operated by Seamstop Pty Ltd (ABN 22 646 155 964). The terms ‘Seamstop’, ‘us’, ‘our’ or ‘we’ refers to Seamstop Pty Ltd, the owner of the website. The terms ‘you’ or ‘your’ refers to the user of this website. The use of this website by you, means that you acknowledge, understand, comply with and are bounded by the following Terms & Conditions, which in conjunction with our Privacy Policy, creates a legal agreement between you and Seamstop. If you do not agree with all of these Terms & Conditions, please do not access and/ or use our website.
1. Site Content
1.1. Ownership. This website and its content are subject to copyright, and other intellectual property rights. These rights are owned by Seamstop Pty Ltd (ABN 22 646 155 964) and our associate brands and suppliers. This content includes, but is not limited to, design, layout, appearance, functionality and graphics of the website. Any reproduction of the website’s current and future content is prohibited.
1.2. Restrictions. You are not permitted to reproduce, adapt, modify, distribute, sell, publish or use any material (including images and designs), either as a whole or in part, without prior consent by us. This term applies to all future additions of content and modifications of current content made to the website. Content pertaining to our associate brands and suppliers are subject to their individual terms and conditions.
1.3. Modifications. We reserve the right to modify, add and remove parts of or the entire website, at any time without notice to you.
1.4. Accuracy of material. We (or any third parties including our associate brands and suppliers) do not provide any type of warranty or guarantee pertaining to the performance, accuracy, timeliness, completeness or suitability of information and materials found or directed to on this website for any purpose. Therefore, despite our efforts of maintaining the accuracy of the material depicted on our website, you acknowledge that such information and materials may contain inaccuracies or errors and we hold no liability for what may result from using this information or material.
1.5. Third party content and Hyperlinks. This website and its services may contain links to third party sites and content. Using these links means that you acknowledge and agree that the content and information of such third party sites are neither under our control and subject to our terms and conditions, and we are not responsible for any of the content and information displayed, and the actions that may arise from the use of that content and information. The provision of these links are solely for your convenience and education, and does not imply endorsement, representation or alignment of beliefs and views by Seamstop unless stated otherwise.
2. User Information
2.1. User information. “User information” refers to any and all information and content that you submit to us. This information and content includes but is not limited to, any and all information submitted to Seamstop through the website such as phone numbers and addresses, and anything communicated to us through email, text, phone or any other communication avenues. Any and all user information submitted by you to us through the website or any forms of communication as stated above, is the complete responsibility of the user (‘you’). You warrant and represent that the user information is accurate and that you are the account holder or authorised nominee of the information that you provide to us. You possess all the responsibility for the risks that exist or may arise from providing us with your user information, which also extends to incorrect and incomplete information; meaning that we hold no liability and can, in no way, be held responsible for any actions caused by our use of this information for the purpose of providing our services.
2.2. Own representation. By using our website and services, including but not limited to the registration of an account with us or placing of an order, you represent and warrant that you are at least 18 years of age. If you are under 18 years of age, the use of our website and services must be carried out by or under parental or guardian supervision. You are solely responsible for ensuring that the terms stated in our Terms & Conditions are in compliance with all laws, rules and regulations that apply to you. The right to use our website and services is revoked where these terms or the use of our services is prohibited to you by laws, rules or regulations. You agree that any result of our services is in strict accordance with all applicable laws and requirements.
2.3. Our marketing. By using our services, you authorise Seamstop to use your names, logos or trademarks for the purpose of marketing. This may include but is not limited to, mentioning you as a customer within our website or on any social media platforms, promotional content and any other content viewed by third parties. If you are an individual person who is not represented by a company or organisation, we will not use your name without prior consent.
2.4. Emails. By making an order with us and/ or providing your details to us, you consent in advance to being contacted in relation to order confirmation, order assistance, customer service inquiries, product offers and/ or promotional/ marketing purposes.
3. User Accounts
3.1. Confidentiality. By creating a user account, you agree that you are solely responsible for maintaining the security and confidentiality of your account details which includes your user account password.
3.2. User account amendment. If you wish to amend your account details, please do so in your account dashboard or contact us directly at info@seamstop.com.
3.3. Voluntary cancellation. If you wish to delete your account, please contact us directly at info@seamstop.com.
3.4. Termination. If you are suspected of, or found to be in violation of these Terms & Conditions, we reserve the right to terminate access to your account and services at any time.
4. Privacy
4.1. By providing your email to us, you agree to allow Seamstop to send you emails regarding our goods and services. These practices are carried out in accordance with our Privacy Policy.
5. Orders and Cancellations
5.1. You agree that all orders of goods and services are subject to these Terms & Conditions.
5.2. Placing an order. By placing an order with us, we require user information that is subject to our “User Information” terms (as stated above).
5.3. Acceptance of order. Your order is accepted when all of the following criteria is met:
a) You have submitted an order;
b) You have paid for your order in full, including shipping costs, any taxes and/ or duties;
c) You have been issued an order confirmation email.
The details within the order confirmation email are provided by your given user information; if these details are incorrect, please notify us immediately here or by replying to the email that the order confirmation was sent from. As stated in our “User Information” terms (as stated above), we cannot guarantee that changes to your order details will be successful and we hold no liability for the actions that may arise from using your provided user information, this includes but is not limited to, for example, shipping your order to the wrong address.
5.4. Denying and cancellation of order by us. Seamstop reserves the right to:
a) Deny your order or part of your order for any reason, this includes but is not limited to, unavailable stock, incorrect pricing or information, limitations on quantities available, or when the order is suspected to be in relations to fraud;
b) Cancel an order at any time, for any reason;
c) Restrict the quantity of goods available for purchase per person and/ or address.
There may exist circumstances where we are unable to fulfill an order due to technical or other reasons, in which case, we reserve the right to deny or cancel your order during and after the entire ordering process. In such circumstances, where we cancel your entire or part of your order, you will be notified via email and be issued a refund for the cancelled good/s or order.
5.5. Cancellation or modification of orders by you. By placing an order, you agree that you cannot cancel or amend your order once it has been placed (except as required by Australian Consumer Law). For circumstances where you are entitled to a cancellation, to the maximum extent permitted by law, you agree that you are liable for any and all losses that Seamstop will incur as a direct result of the cancellation.
6. Products and Stock
6.1. Product images. We try our best to portray our products as accurately as possible through our images, though these product images may vary from the delivered goods depending on your viewing circumstances; this may include computer settings or monitors/ screens.
6.2. Stock levels. All orders are subject to stock availability. We try our best to ensure that our stock management is aligned with our supplier’s available stock levels, though there may be circumstances where we cannot fulfil your order, or part of your order. When these circumstances do arise, we will notify you within a reasonable time period after your order is placed. As a result of unavailable stock, please note that we may cancel your order or part of your order and issue you a full refund on the cancelled order or items.
7. Prices and Payment
7.1. Prices. All prices displayed on the website are shown in Australian Dollars (AUD) and are inclusive of GST, unless stated otherwise. All individual prices are exclusive of delivery or shipping charges which are calculated at check-out.
7.2. Payment. Our payment methods are made by the methods and to the accounts specified by Seamstop during the check-out process. Any orders that are suspected or deemed to be paid for using any fraudulent or unlawful means, will be cancelled.
7.3. Price and payment alteration. We reserve the right to amend, add or remove prices, payment methods or goods offered at our sole discretion, without notice to you. There may also arise circumstances where an error exists within our listed prices, in which case, we also reserve the right to alter the price of your purchased goods and you will be notified via email.
8. Promotions and Discounts
8.1. Conditions. Promotions and discounts are subject to their own terms and conditions which are provided by us if these promotions and discounts differ from these Terms & Conditions.
8.2. Discounts. Unless stated otherwise, discount codes or coupons cannot be used in conjunction with any other promotional offer.
8.3. Promotion and discount alteration. We reserve the right to amend, extend or terminate any promotional offer or discount at any time, without notice to you. We also reserve the right to cancel any order where a promotion or discount has been applied, that we deem to be in conflict with the terms and conditions.
9. Processing Times
9.1. Processing time estimates. Any processing time specified by us serves only as an estimate and you agree and acknowledge that these processing times may differ from the estimated processing times due to any reason which may include but is not limited to, differing processing times across different suppliers, change in supplier processing times, we are enduring a high volume of orders and/ or change in availability of goods. We will not be held liable for any loss or damage suffered as a result of any delay in processing time.
10. Delivery and Shipping
10.1. Delivery. Delivery of your order (Delivery) is taken to occur when we (or our nominated carrier) delivers your order to your nominated address, even if you are not present at the address at the time of delivery. Shipping and delivery will be handled in accordance with our Shipping Information Page.
10.2. Redelivery or returned orders. You agree to take delivery by receipt or collection of your order whenever it is tendered for delivery. In the circumstances where you are unable to take delivery of your order as arranged, we are entitled to charge you a reasonable fee for redelivery and/ or storage.
10.3. Shipping estimates. Any shipping date or time specified by us serves only as an estimate and you agree and acknowledge that your order may be delivered on a different date or time. We will not be held liable for any loss or damage suffered as a result of any delay in delivery. However, if your order is not delivered within a reasonable time after the estimated date, please contact us here.
11. Indemnification
11.1. You agree to defend and indemnify Seamstop, each of our directors, employees, partners, agents, any third party supplier of material on the website and suppliers from all liabilities, losses, claims, penalties, damages and other expenses that may arise from or relate to your use or misuse of, or access to, the services, content, or otherwise from you User Information, violations of these Terms & Conditions, or infringement by you of any intellectual property or other rights, claim or action, including but not limited to personal injury or property damage of any person or entity.
11.2. This clause survives termination of these Terms.
12. Limitation of Liability
12.1. To the maximum extent permitted by law, under no circumstances will we, our directors, employees, partners, agents, third party suppliers of website material or suppliers be liable to you or any third party for any loss of income, loss of profits, loss of contracts, loss of data, damage to property, personal injury or death, or any liabilities that may arise from the use of our website, content and services.
12.2. To the extent permitted by law, Seamstop expressly disclaims all warranties of any kind unless expressly stated in the services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
12.3. To the maximum extent permitted by law, Seamstop liability under these Terms is limited to any one or more of the following:
a) The replacement of the goods or resupply of equivalent goods or services;
b) The payment of the cost of replacing the Goods or services, or acquiring equivalent goods or services or a refund of the purchase price.
12.4. This clause survives termination of these Terms.
13. Disclaimers
13.1. Information. Our website and it’s content are for general information purposes only and do not constitute as advice; use of this information is at your own risk. You acknowledge and agree that we retain complete editorial control over the services and may amend or remove part of or any service/s, at any time, without notice.
13.2. Use of the website. The services and content on this website are provided “as is”, “as available” and without warranty of any kind which may include but it not limited to, being available on an uninterrupted, timely, secure, or error-free basis, or any content available through our website and services is free of malware or other harmful components. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, warranties or conditions of merchantability, fitness for particular purpose, or non-infringement of intellectual property or other violation of rights.
14. Governing Law
14.1. These Terms & Conditions are governed by and construed in accordance with the laws of News South Wales, Australia. You irrevocably agree that any and all disputes relating to and arising from these Terms & Conditions shall be governed by the exclusive jurisdiction and venue of the federal and state courts located in New South Wales, Australia.