Terms and Conditions

Last updated: October 16, 2024

General Terms and Conditions

These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products from www.selectious.com.au or from third party sellers.

Please read the following Terms and Conditions carefully before placing Your Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.

Some Products You Order on the Website are offered and supplied by:

Products which are offered and supplied by overseas parties and listed by Selectious on www.selectious.com.au on are referred to as Selectious Products.

Where you place an Order for Selectious Products to be delivered to inside of Australia, you will be the importer of the Selectious Products into Your jurisdiction.

If you do not understand these Terms and Conditions or if you have any questions, including which Products are supplied by Selectious, then please email Our team, and a representative will be happy to help you.

Terms and conditions for Selectious Products

These Terms and Conditions constitute a contract between the customer (You) and SELECTIOUS PTY LTD (ABN: 17674161249) registered in NSW Australia (Selectious).

  1. Agreement
    1. In these Terms and Conditions We, Our or Us means Selectious; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website and Selectious Products means purchased from Selectious through the website.
    2. By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Selectious Products.
    3. The Agreement together with Your Order constitutes the entire agreement between Us and You for the supply of Selectious Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.
  2. Legal capacity
    1. If you are under the age of eighteen (18) years you cannot place Orders with Selectious. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
  3. Website Use
    1. The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
    2. You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
    3. You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
  4. Pricing
    1. Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:
      • by agreement between You and Us in writing or by email; or
      • in accordance with clause 7.4.
    2. All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.
  5. Product Specifications
    1. Features and specifications of products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.
    2. All weights and dimensions of Selectious Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.
  6. Orders
    1. You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).
    2. Orders will be deemed to have been received by Selectious at the time Selectious sends an Order confirmation to your nominated e-mail address.
    3. Selectious is an online business and will primarily communicate with Customers via e-mail. 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.
    4. Selectious reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).

    5. In the event of a cancelled Order prior to dispatch, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.

      If you have received notification that Your item has been processed, all cancellations are subject to the terms of Our Returns Policy

    6. Selectious does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
    7. Selectious shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Selectious (or its affiliates), and Selectious shall be entitled to a reasonable extension of time for the performance of such obligations.
    8. Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
  7. Payment
    1. You may provide Your nominated credit card during the purchase process described on the Website.
    2. Payment for Orders will be processed immediately upon confirmation of Your Order.
    3. If Your nominated payment method triggers Our fraud prevention protocols, 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 fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
    4. Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If we have made a mistake and a product's correct price is higher than the price on the Website, we may contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.
  8. Delivery and ownership of the goods

    1. You hereby appoint Selectious as your agent solely to engage a courier on your behalf to receive the Selectious Products at the point of dispatch or embarkation and deliver them to You.

      We try to ensure that all Selectious Products are delivered to Your courier in a prompt and timely manner. However, from time to time, it is possible that there may be delays in dispatch or embarkation of Selectious Products. Selectious does not accept any liability for loss or damage suffered by anyone as a result of any such delays nor for any delay by Your courier in delivering the Selectious Products to You.

    2. The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Selectious. Where scheduled dispatch of a product is delayed by more than one week, customers will be notified by e-mail via the e-mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund in accordance with the Returns Policy at any time prior to dispatch of the Product(s).
    3. Selectious will not deliver Products to PO Box addresses.

    4. Where a customer gives written authority for products to be delivered without a signature, any and all included insurance cover will be voided.

      Selectious reserves the right to not ship to remote or rural locations.

    5. Selectious is not responsible for the delivery times of Selectious Products. Once Selectious Products have been dispatched, it is Your responsibility to liaise with your courier or the courier nominated by Selectious in relation to date and time of delivery. Selectious shall not be liable for any inaccuracy of information provided to You relating to the date and time of delivery.
  9. Faulty or damaged goods
    1. Selectious will repair, replace or refund faulty or damaged Products in accordance with the Selectious.com.au Customer Charter and Your rights under the Australian Consumer Law.
  10. Returns
    1. Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.
  11. Liability
    1. To the extent permitted by law We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
    2. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.
  12. Intellectual Property
    1. 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, SELECTIOUS PTY LTD or the relevant third party product owner.
    2. Unless expressly authorised under these Terms and Conditions or otherwise in writing, you may not reproduce, adapt, modify, display, extract or distribute any Material or any part of any Material. You also may not use any data mining or data extraction tools, systems or software to extract the Material for any purpose whatsoever or disassemble, reverse engineer or otherwise attempt to discover or access any source code or other information related to the Website.
    3. If you post any information on our Website, such as a product review, you grant to Us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute that information for any purpose we decide.
  13. Privacy
    1. By placing your Order or otherwise contacting Selectious, you agree that: We may store, process, use and disclose data collected from your Order for the purposes of processing and fulfilling your Order; and your data will be handled in accordance with Our Privacy Policy.
  14. Gift Vouchers
    1. Gift Vouchers & eVouchers have a validity of 12 months from the date of purchase, unless otherwise specified at the time of issue in writing.
    2. Gift Vouchers & eVouchers may be redeemed by entering the voucher code into the Gift Card field at checkout. Gift cards will not be refunded.
  15. Use of Selectious Products in Your jurisdiction
    1. It is Your responsibility to ensure that it is lawful to import the Selectious Products into your jurisdiction and/or use them in your jurisdiction. It is Your responsibility to obtain any permits for, or make any modifications to, the Selectious Products so as to enable them to be imported into or used within your jurisdiction.
    2. Selectious reserves the right to make changes to the Selectious Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.
  16. Miscellaneous
    1. Selectious reserves the right to make changes to the Selectious Website and these Terms and Conditions without notice.
    2. Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
    3. A failure or delay by Selectious to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Selectious does not preclude its future ability to exercise that or any other power or right.
    4. Insofar as they apply to the ordering, purchase, fulfilment and delivery of Selectious Products from Selectious or Selectious partners, these terms and conditions are governed by and must be construed according to the law of Australia and the parties submit to the jurisdiction of the courts of Australia.
    5. In respect of any Order, certain taxes may be levied by the destination country to which Your Selectious Products will be delivered. You will be the importer of record for the purpose of customs and border processing. As the importer of the Selectious Products, you agree that you are liable to pay such taxes with respect to the Selectious Products to the relevant authority in addition to Your payment to us under the General Terms and Conditions above. It is Your responsibility to determine whether any such taxes apply in your destination country for delivery or the country from which the Selectious Products are shipped. You agree that Selectious is not liable to you with respect to any loss, damage, cost, expense or injury you incur as a result of your obligation to pay taxes in a particular jurisdiction.
    6. Title and risk in the Selectious Products pass to You at the point of dispatch or embarkation by Selectious to Your courier.
    7. No Selectious employee or agent has the authority to vary any of the Terms and Conditions governing any sale