Terms & Conditions

Your use of our website constitutes your agreement to follow and be bound by these Terms and Conditions.

If there is any uncertainty about any of the terms of the Agreement, please reach to our support team before the completion of any purchase. Each transaction will be governed by the Agreement in force upon the date of that transaction. The Agreement may be reviewed and updated from time to time to take account of new law, regulations, products or technology.

If you do not agree with the Terms and Conditions, please do not use our website.

1. Definitions

In these Terms and Conditions the following terms shall have the meanings set out below:

• ACL means the Australian Consumer Law which is contained in Schedule 2 of the Competition and Consumer Act 2010(Cth). (previously known as the Trade Practices Act 1974 (TPA)).
• Amount Payable means at any time all amounts payable to Co Clearance, whether or not those amounts have become due for payment under these Terms and Conditions, in connection with the Goods or the Contract, including without limitation any invoiced amounts, interest, fees, costs or expenses.
• Completed Order Notification means a written notice that we have accepted the Purchase Order and that the Goods have been dispatched.
• Contract means the Terms and Conditions for a Purchase Order and the Purchase Order Acknowledgement.
• Customer means the individual or entity specified in the Purchase order, or on whose behalf the Order is placed with Perth Online Shop Australia.
• Perth Online Shop means Perth Online Shop Australia and any related body corporate as specified in the Purchase Order.
• Delivery Confirmation means a valid proof of delivery by an courier or delivery agent for the Goods.
• Goods means any goods, products, services or materials supplied or to be supplied by Co Clearance Australia at any time and from time to time, including without limitation any goods specified in a Purchase Order, Purchase Order Acknowledgement or invoice.
• GST means any goods and services tax imposed on the Goods pursuant to the GST Law.
• GST Law means A New Tax System(Goods and Services Tax) ACT 1999(Cth).
• Purchase Order means an order or offer to purchase Goods.
• Purchase Order Acknowledgement is defined under clause 2.1(a).
• Terms and Conditions means the terms and conditions set out in this documents and as modified or amended in relation to particular Purchase Order.
• Our Website means Perth Online Shop.com.au

2. User Representations

2.1 You represent and warrant to us that:

• (a) you are at least 18 years of age;
• (b) you possess the legal right and ability to enter into a legally binding agreement with Perth Online Shop with respect to any Product or Voucher purchased on the Site; and
• (c) you will use the Site in accordance with this Agreement. 

3. Binding Terms & Conditions

3.1. Purchase Order, Purchase Order Acknowledgement and Terms and Conditions

• A Purchase Order or an offer to purchase can be made by the Customer using Our Website, however the Purchase Order and Contract shall only be deemed to have been accepted when the Customer receives a Completed Order Notification or when Delivery Confirmation of the relevant Goods has been provided, whichever first occurs (“Purchase Order Acknowledgement”).
• All Purchase Orders are subject to manual review prior to being accepted. For the avoidance of doubt, making payment in full does not guarantee an acceptance of the Purchase Order and does not constitute a Purchase Order Acknowledgement.
• The Customer acknowledges that the Terms and Conditions constitute a security agreement and that Perth Online Shop may register a financing statement in respect of the security interests provided for under these Terms and Conditions.
• By submitting a Purchase Order to Perth Online Shop, the Customer hereby accepts and agrees to be bound by the Terms and Conditions.

3.2. Contract

• The Contract shall comprise of the following documents, in order of precedence:
  (a) Purchase Order and Purchase Order Acknowledgements;
  (b) These Terms and Conditions;
  (c) Any other document which is attached to, or incorporated by reference in, the Purchase Order or these Terms and Conditions.
• The Contract constitutes the entire agreement between Perth Online Shop and the Customer with respect to the Purchase Order. Any and all prior negotiations, proposals, previous dealings, correspondence, trade custom and/or trade usage are superseded by and will not affect the interpretation of the Contract.
• If at any time in relation to a Purchase Order, the Customer provides, refers to, submits or otherwise uses terms and conditions other than the Terms and Conditions, such terms and conditions will not form part of or be incorporated into the Contract.

4. Registration

4.1. You can register or auto create an account after you purchase on the online store or access to the particular areas of the website (“Account”). You will be responsible for all usage of your Account and the use of your Account by others (including minors) or any unauthorised use. You must immediately advise us if you become aware of unauthorised use.

4.2. Your user name and password for your Account are non-transferrable and must be kept confidential. You must ensure that your registration details are true and accurate at all times. You may elect to change the Password at any time using the facility provided on the Website. Perth Online Shop is not liable for any loss of confidentiality for any damages, cost, expenses or liability arising from your failure to comply with these security measures.

4.3. You agree that Perth Online Shop may suspend, terminate and/or close your Account at any time, and for any reason in Perth Online Shop’s sole and absolute discretion. Upon terminating and/or closing your Account, or during any period of suspension, you will not be permitted to use any features or functionality of the Site which is reserved for registered users.

5. Website Content & Restriction on Use

5.1. Perth Online Shop grants you a limited, non-exclusive, non-transferable, revocable, royalty-free licence to use the Site in accordance with this Agreement. Users agree to use the Site solely for their own personal use. Further, Users agree not to:

• (a) interrupt or attempt to interrupt the operation of the Site in any way, or use the Site in a manner that adversely affects the availability of its resources to other Users;
• (b) use the Site for any illegal purpose or in any manner that is inconsistent with this Agreement;
• (c) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on, or obtained from the Site; or
• (d) supply any content that: (i) would cause you or Perth Online Shop to breach any law, regulation, rule, code or legal obligations, (ii) is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or (iii) that could infringe any person’s rights, including their intellectual property rights.

5.2. All intellectual property rights (Intellectual Property) in any content on the Website, including images, pricing, artwork, its visual design, and the arrangement and display of any content on the Website (material) is owned by, or licensed to, Perth Online Shop or the relevant third party product owner.

5.3. The content on the Website is for general information purposes only. Perth Online Shop does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of the content by another person or organisation is at the user’s own risk. The content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of content on the Website is not an endorsement of any organisation, product or service. We may modify any information on the Website (including content) at our discretion for any reason. All updates and modifications to the Website (including content) will be subject to these Terms.

5.4. If you have a complaint regarding any Content on the Website, Co Clearance’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.

6. Email & SMS Policy

6.1. You confirm that by using the Site, you agree to receive emails and/or SMS messages from Perth Online Shop in relation to your purchase, return of or other dealings in relation to Products, and for receiving information on offers (including via the Perth Online Shop newsletter). You may however opt out of the Perth Online Shop newsletter or SMS at any time via the unsubscribe functionality contained therein.

7. Links to Third Party Websites

7.1. The Site may contain links to third party websites. Perth Online Shop does not endorse nor support the contents of third party websites. Perth Online Shop recommends Users to review the terms & conditions and privacy policy of the third party websites Users visit.

8. Products

8.1. Information about the Products on the Site are based on material furnished by suppliers or/and product manufacturers. You agree that except as required by law, Perth Online Shop cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Perth Online Shop or a change in Product specifications without notice to Perth Online Shop. The foregoing in no way limits any rights you may have under the Australian Consumer Law.

8.2. Users agree:

• (a) to make their own enquiries to assess the information provided and suitability of the Products and Vouchers before an order is placed; and
• (b) that product images on the Site are for illustration purposes only and the actual Products may vary.

8.3. All Products offered on the Site are supplied subject to this Agreement and the relevant Seller Terms. To the extent there is any inconsistency between this Agreement and each of the Seller Terms, the agreements will be read in the following order of priority (i) this Agreement; and (ii) the Seller Terms. You agree that by purchasing a Product, that you will be bound by the Seller Terms for that Product, as described in this clause.

8.4. Perth Online Shop reserves the right to:

• (a) change, suspend or remove any Product offer or other information from the Site at any time; and
• (b) advise Users that Products for which an order was made have become unavailable.

9. Coupons

9.1. Perth Online Shop may issue discount coupons to Users at its sole discretion from time to time (Discount Coupons). The value of a Discount Coupon may be redeemed by you, as a User, at the time you place an order for a Product on the Site. You acknowledge and agree that apart from where we specify to the contrary: (i) Discount Coupons are valid for 12 months from the date of issue only; (ii) the value of a Discount Coupon may only be redeemed once.

9.2. Apart from where required by law, in circumstances where an order for Products is cancelled and a Discount Coupon has been redeemed by a User in relation to that order, the value of the Discount Coupon is not refundable.

10. Orders

10.1. Perth Online Shop reserves the right to cancel an Order that has been previously accepted at any time before delivery and for any reason. We may exercise this right where:

• (a) Our suppliers are unable to dispatch goods that they previously promised to dispatch;
• (b) An event beyond our control, such as a storm, fire, flood, earthquake, terrorism, power outage, war, strike, or computer system failure, renders Perth Online Shop unable to supply the Goods in a reasonable time
• (c) The ordered goods were subject to an error on the Website, such as a description, price, or image, which was not discovered prior to the Order being accepted.

10.2. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

10.3. Perth Online Shop reserves the right to reject to enter into a Purchase Contract with you and may cancel your Order at any time prior to dispatch of the products. The Order cannot be cancelled by you once you accept delivery of the products.

10.4. Notwithstanding anything to the contrary, while we will use best endeavours to ensure that products advertised for sale on the Website are available for purchase, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.

10.5. Perth Online Shop does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

11. Price & payment

11.1. All prices listed on the site are in Australian dollars and are inclusive of goods and services tax.

11.2. All prices shown on the listing on the site exclude delivery fee. Delivery fees are shown on the checkout page.

11.3. The price and offers indicted may be changed at any time without advance notice. However, the product shall be charged at the rate in force once the Order has been accepted by Perth Online Shop and a confirmation email is sent.

11.4. We only accept credit cards issued in Australia. The credit card holder must be either the billing or shipping recipient. If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted Order from your nominated credit card account.

11.5. We will provide you with a receipt at time of delivery (in respect of online payments) which specifies the total fees and charges for the products and services in your Order. These details are also available under your account for you to refer to or print at any time for the period that your account remains active.

11.6. In the occurrence of any isolated pricing issues, Perth Online Shop reserves the right to honour or cancel the price depending on stock availability, in accordance with the Australian Consumer Law. Please contact our Customer Service for further details.

11.7. Where the customer pays by their nominated credit card or one of our third party couriers, the customer warrants that they have the necessary rights to use the payment method and that they are fully authorised to use it to pay for the Order. Payment for Orders will be processed immediately upon confirmation of your Order. If your nominated payment method triggers our fraud prevention protocols or without sufficient funds corresponding to the amount of the Order, we may contact you to confirm additional details, or rescind the transaction. In this case, until your Order has passed our fraud prevention protocols your Order will not be processed. The customer warrants to provide the requested information within up to 7 days. Failing to this, Co Clearance reserves the right to cancel your Order and refund back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.

11.8. Co Clearance is under no obligation to ship any Orders until payment for those goods has been finalized.

12. Delivery

12.1. All orders will be shipped once payment has been received. Please keep in mind that it may take up to three business days.

12.2. We dispatch your Order via local carriers depending on the items and location of the Order. Shipping and delivery of Orders will be in accordance with the delivery terms of the third party couriers. You must provide a physical delivery address where someone is likely to be available to accept the delivery of your Order during business hours. You may be required by couriers to provide proof of identification for verification checks, in accordance with their delivery terms.

12.3. Shipping cost will be stated on the checkout page. It is your responsibility to bear and pay to Perth Online Shop for the delivery and shipping charges. Buyer also responsible for the re-delivery, return, forwarding, and administrative costs, tax, duties, storage and disposal charges and costs for any product(s), which is/are rejected by the Buyer where such rejection is not made pursuant to an express right of the Buyer under these conditions, or where any delivery to the Buyer is unsuccessful for any reason.

12.4. Any shipment, delivery or collection dates provided with the product are estimates only and shall not form part of the contract. Perth Online Shop shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Perth Online Shop, and Co Clearance shall be entitled to a reasonable extension of time for the performance of such obligations. If customer Orders have not been delivered within a reasonable time, the customer should contact our support team.

13.   Return & Refund

13.1. Warranty

• All Products sold on the Site come with guarantees that cannot be excluded under the Australian Consumer Law. Some products will be provided with extended warranty for your peace of mind.
• Products that you purchase from the Site may also contain warranty documents on or inside the packaging. Any such warranty is provided by the manufacturer of the Product and is not given by Perth Online Shop. Warranty periods are strictly enforced by manufacturers. Any warranty given by a Manufacturer in relation to a Product will apply in addition to other rights and remedies you have under the Australian Consumer Law.

13.2. Defective Goods

• You are required to notify us within 14 working days of its delivery in the unlikely event that the item arrives damaged or faulty. You are required to provide images or a short video clip of the damage in order to proceed with the warranty process. You need to also describe the problem precisely and provide evidence to support your claim.
• Once assessed and approved by our customer service team, you will be contacted to proceed with the return, refund or replacement process and the procedure for returns set out in Perth Online Shop Return Policy will apply.
• The defective product has to be returned within 14 days of its delivery, failing which the Buyer shall not be entitled to a refund or replacement product.
• Perth Online Shop reserves the right to refuse any return or replacement of a defective product if you are unable to produce the evidence to support your claim or tax receipt.

13.2. Change Of Minds

• Perth Online Shop only accept change of mind returns within 14 days of the Goods being delivered.
• Perth Online Shop will not accept any change of mind item that has been opened or used. Change of mind policy included a restocking fee of 20% of item value if the returned item only lacks a seal label. Products must be returned to us by post in the original packaging. Customer will be responsible for a shipping cost of returning the item.
• Once the Goods are returned and have been deemed to be in the original condition they will be restocked and a store credit will be issued for the purchase amount minus the restocking fee. Restocking can take up to 2 working days.
• For health and hygiene reasons, earphones and headphones can only be returned due to change of mind if the returned item is completely sealed. Thus if you have a change of mind about your purchase, earphones and headphones must be completely unopened and unused to receive a refund.

Please see our Returns policy for additional terms governing the return of products.

14. Indemnification

14.1. Users agree to defend, indemnify and hold harmless Perth Online Shop, its related bodies corporate and their respective directors, officers, employees and agents from and against all loss, cost, expense, damage, claims, demands, suits, actions or proceedings (including legal costs and expenses) arising out of:

• (a) the wrongful use of the Site by the User (or caused or authorized by the User);
• (b) breach of this Agreement by the User; or
• (c) breach of the Seller Terms for a Product.

15. Implied Terms and Disclaimer

15.1. You acknowledge that Perth Online Shop has not made and will not make any express or implied warranties in relation to the Products or any other goods or services provided under this Agreement, other than those warranties expressly contained in this Agreement. Subject to clause 16 below, any term that would be implied into this Agreement, including without limitation any condition or warranty, is hereby excluded.

15.2. Subject to clause 16, you agree that the Perth Online Shop will not be liable in respect of any claim by you (whether contractual, tortuous, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Products or the provision of any other goods or services under this Agreement and whether as a result of any breach, default, or negligence by Perth Online Shop.

15.3. The maximum liability of Perth Online Shop to you for any and all breaches of this Agreement, or for any and all negligence in relation to this Agreement, will be no greater than the purchase price and delivery charges paid by you to Perth Online Shop for the relevant Products which you purchase through the Site.

15.4. If the Australian Consumer Law (or analogous legislation) applies to this Agreement and permits the limitation of liability for breach of warranty implied by legislation, the liability of Perth Online Shop is limited, at the option of Perth Online Shop, to any one or more of the following:

• (a) the replacement of the goods or the supply of equivalent goods;
• (b) the repair of the goods;
• (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• (d) the payment of the cost of having the goods repaired

16. Implied Obligations Which Cannot Be Excluded

16.1. Any term of this Agreement which limits or excludes any term, condition or warranty, express or implied, or the liability of Perth Online Shop will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting the User’s statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by legislation.

16.2. Notwithstanding clauses 13 and this clause 16, for Australian consumers, Goods and services provided by Perth Online Shop hereunder, come with guarantees that cannot be excluded under the Australian Consumer Law. If you are an Australian consumer, you may be entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have the Products, or Perth Online Shop’s goods, repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. For more information about these rights please go to www.accc.gov.au.

17. Use of The Site Outside Australia

Perth Online Shop Australia does not represent that the contents of the Site are appropriate or available for use in countries outside Australia. If Users choose to access the Site from outside Australia, Users are responsible for compliance with foreign and local laws.

18. Privacy

Where personal information is provided to Perth Online Shop, the Privacy Policy of Perth Online Shop will govern how Perth Online Shop uses or discloses that information. The Privacy Policy of Perth Online Shop can be found here. You agree that Perth Online Shop may use your personal information in accordance with its Privacy Policy.

19. Intellectual Property

19.1. Unless expressly authorised under this Agreement or otherwise in writing by Perth Online Shop, Users cannot reproduce, adapt, modify, display, perform, distribute, decompile, disassemble or reverse engineer any material (or part thereof) from the Site (including logos, trademarks, brand features and source code) that is the intellectual property of Perth Online Shop or intellectual property that Perth Online Shop has permission to use.

19.2. Users automatically grant Perth Online Shop an irrevocable and royalty free global license to use, copy, display or distribute the content of any correspondence or communication from Users. This may include (without limitation) public display of testimonials on the Site, reviews of Products posted by Users on the Site or on third party websites, or using ideas or suggestions provided by Users to improve and goods, services, Products which Perth Online Shop offers.

20. Rules

20.1. Perth Online Shop may from time to time publish certain rules and procedures in relation to your use of the Site/ You agree to comply with these Rules, including as updated or amended from time to time. If there is any conflict between the Rules and this Agreement, then this Agreement will prevail.

21. Miscellaneous

21.1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

21.2. This Agreement is governed by and in accordance with the laws of the State of Victoria (exclusive of its rules regarding conflicts of laws). The User and Perth Online Shop irrevocably submit to the jurisdiction of the Courts of the State of Victoria and their Courts of Appeal in relation to this Agreement.

22.3. Users agree and acknowledge that, in the event that there is a change in control in, merger with or sale of Perth Online Shop or its business to a third party, Perth Online Shop can disclose personal information or data collected from Users to the third party without giving any notice to Users. Perth Online Shop is also entitled to assign and novate the benefits of any agreements it has with Users to the third party, without notice to the User.

22.4. Perth Online Shop reserves the right to modify this Agreement from time to time. Such modifications are effective immediately upon the earlier of its publication on the Site, and/or the time that it is first communicated to you. Continued use of the Site, or any of the materials or content contained on the Site, following such publication will be deemed to be conclusive acceptance by you of the modified version of this Agreement.