First Ever – Terms and Conditions
1.1. Your use of this website constitutes a binding contract between you (“You”) and First Ever Pty Ltd (“First Ever”). These terms and conditions apply to the ordering, purchase, fulfilment and delivery of goods on www.firstever.com (“the Website”).
1.2. By placing an order on the Website, you agree to these Terms and Conditions.
2. Sale of goods
2.1. Where You order goods on the Website, You agree that the goods are offered and supplied to You by First Ever based on the description of the goods specified on the Website (“the Goods”).
2.2. The Goods have been purchased from Australian importers or distributors and are new unless otherwise indicated on the Website. Goods are available only while stocks last.
3. Pricing and Payment
3.1. Prices for Goods are specified on the Website.
3.2. Prices are subject to change at any time without notice. The price displayed when You place your Order will be the final price You pay even if the price changes at a later time. However, if You subsequently cancel Your Order, then the applicable price will be that which is stated on the Website.
3.3. In addition to the prices listed on the Website, you must also pay the delivery charge(s) listed on the Website (if any).
4.1. You can place an order to purchase the Goods by following the steps specified on the Website (“Order”).
4.2. Each Order You place on the Website is a separate and binding offer by You to purchase the relevant Goods. This offer may be accepted or rejected by First Ever in its sole discretion.
4.3. Orders are deemed to be accepted by First Ever when You receive an email or other electronic acknowledgment from First Ever confirming Your Order.
4.4. You acknowledge that all Goods purchased on the Website are for personal, domestic, non-commercial use only.
4.5. You represent and warrant to First Ever that the information You have provided in Your Order is complete, true and accurate.
4.6. Subject to any applicable laws which states otherwise (including the Australian Consumer Law), First Ever is not liable to You for any loss, damage, cost or expense that You or another person may suffer as a result of the failure by You to complete an Order accurately.
4.7. You acknowledge that by submitting an Order on the Website, Your Order is a request to purchase Goods at the applicable price plus the delivery charge (if any).
4.8. Due to the nature of the internet, there may be circumstances where You are unable to place an Order and Your order may not be received by First Ever. Subject to any applicable laws which states otherwise (including any provision of the Australian Consumer Law), First Ever will not be liable to you for any loss, damage, cost or expense that You and another person may suffer as a result of the failure by First Ever to process or receive an order.
5. Cancellation of Orders
5.1. First Ever may cancel Your Order at any time, including where First Ever is unable to fulfil Your Order.
5.2. Where First Ever has cancelled Your Order and You have not received the Goods, You will entitled to a full refund in respect of that Order.
5.3. First Ever attempts to ensure that all information provided on the Website is accurate. However, due to the fast-changing nature of the industry, it is possible that some errors in specifications, descriptions, images, pricing, stock levels or delivery may occur. Subject to applicable law, First Ever reserves the right to correct any material on the Website or in any order without notice. If an Order is accepted and First Ever, acting reasonably, is of the view that there is an error in the order, First Ever will give You the option of accepting the corrected order or cancelling the order for a full refund.
6.1. All Goods are quoted in Australian dollars and inclusive of any applicable taxes.
6.2. First Ever only accepts payment by credit card. You must pay the price for the Goods specified on the Website plus the delivery charge at the time you make an Order.
6.3. Payment for Your Order will be processed by First Ever upon confirmation of Your Order.
7.1. First Ever attempts to deliver the Goods as soon as possible, however due to First Ever utilising third party delivery services, First Ever cannot control delivery times. Therefore, any specified delivery date should be viewed as an estimate only.
7.2. First Ever will arrange for the delivery of the Goods to the nominated delivery address You specify in Your Order.
8. Risk and Title
8.1. Risk and title passes to You on delivery of the Goods.
9.1. All Goods purchased from the Website come with a 3 Month Standard Warranty. The 3 Month Standard Warranty will commence of the date that You receive the Goods.
9.2. The Goods under a Standard Warranty are covered against any deviation or defects from a technical specification for 3 months by First Ever Pty Ltd of Level 13, 10 Queens Road, Melbourne Victoria 3004.
9.3. The benefits under the 3 Month Standard Warranty are in addition to other rights and remedies You have under a law in relation to the product to which these warranties relate. The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonable foreseeable loss or damage. You are also 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.
9.4. To the extent permitted by law (including under the Competition and Consumer Act 2010 (Cth)), the Warranty and the rights you have under clause 10.4 do not apply where:
a. You have misused the Goods;
b. You have failed to use the Goods in accordance with the manufacturer’s instructions;
c. You have failed to take reasonable care in respect of the Goods;
9.5. Notwithstanding clause 9.3, the Warranty also do not apply where the Goods are damaged or defective due to fair wear and tear to the Goods.
9.6. To make a claim under the Warranty, or if You believe that the Goods do not meet the conditions under clause 9.3, then You should first contact the support team at firstname.lastname@example.org.
9.7. If Your claim is accepted by First Ever under the Warranty, then the Goods will either be replaced or repaired at First Ever’s cost. If the Goods do not meet any of the conditions under clause 9.3, then You may have the right to receive a refund, have the Goods replaced or have the Goods repaired.
9.8. You may also seek a reimbursement of any reasonable fees you have incurred in claiming the warranty (such as shipping fees). Please contact First Ever directly at email@example.com to discuss the opportunity to receive a reimbursement. If, once the Goods are returned, First Ever decides (acting reasonably) that the Goods do satisfy the conditions of the Warranty or any conditions under clause 9.3, then First Ever may charge You an assessment fee and any associated costs in returning the Goods to You.
9.9. In order for You to claim under the Warranty, or any of the conditions under clause 9.3, You must provide proof of purchase.
10.1. Except as expressly provided to the contrary in these Terms and Conditions or by applicable laws that cannot be excluded, and to the fullest extent permitted by the law:
a. all terms, conditions, warranties or representations, whether express, implied, statutory or otherwise relating to the supply of the Goods are excluded;
b. First Ever’s maximum aggregate liability to You or any other person is limited to the amount payable by You in respect of the Goods purchased;
c. First Ever will not be liable for any lost profits, lost savings, lost business opportunities or any indirect or consequential loss or damage; and
d. First Ever will not be liable to You for any delay or failure to deliver the Goods by the delivery date.
11. Intellectual Property
11.1. First Ever and its licensors retain all intellectual property rights in any content made available to You on this Website.
11.2. Unless expressly authorised by First Ever, you must not publish, modify, distribute or otherwise reproduce, in any format, any of the content on this Website, nor may you use any such content in connection with any business or commercial enterprise.
12. Website Terms and Privacy
13.1. These terms and conditions are governed by the laws of Victoria, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and waive any right to object to proceedings being brought in those courts.
13.2. Any provision of these terms and conditions which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these terms enforceable, unless this would materially change the intended effect of the terms.
13.3. First Ever reserves the right to amend these terms and conditions at any time and such amendments will only take effect from the time they appear on the Website. The terms and conditions which apply at the time that You place Your order are the terms and conditions which apply to Your order.