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Terms & Conditions

1. About the Website

1.1. Welcome to www.jaymsplace.com.au (the ‘ Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘ Product s’). The Website provides this service by way of granting you access to the content on the Website (the ‘ Purchase Services’).

1.2. The Website is operated by JayM’s Place (ABN 55 732 290 125 ) . Access to and use of the Website, or any of its associated Products or Services, is provided by JayM’s Place. Please read these terms and conditions (the ‘ Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3. JayM’s Place reserves the right to review and change any of the Terms by updating this page at its sole discretion. When JayM’s Place updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by JayM’s Place in the user interface.

3. Purchase of Product s and Returns Policy

3.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘ Purchase Price’).

3.2. Payment of the Purchase Price may be made through Paypal or Square (the ‘ Payment Gateway Provider’) In using the Purchase Services, you warrant that you have familiarized yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

3.3. Following payment of the Purchase Price being confirmed by JayM’s Place, you will be issued with a receipt to confirm that the payment has been received and JayM’s Place may record your purchase details for future use.

3.4. JayM’s Place may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a sale able condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

4. Warranty

4.1. JayM’s Place’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘ Warrant y’).

4.2. You may make a claim under this clause (the ‘ Warrant y Claim’) for material defects and workmanship in the Products within 30 days from the date of purchase (the ‘ Warrant y Period’).

4.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to JayM’s Place showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to JayM’s Place by email at jaymsplace@bigpond.com or via Facebook page.

4.4. Where the Warranty Claim is accepted then JayM’s Place will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

4.5. The Warranty shall be the sole and exclusive warranty granted by JayM’s Place and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

4.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period. 4.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

5.Delivery

5.1. You acknowledge that the Purchase Services offered by JayM’s Place integrate delivery (the ‘ Delivery Services’) through the use of third party delivery companies ( Australia Post ).

5.2. In providing the Purchase Services, JayM’s Place may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that JayM’s Place is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

5.3. In the event that an item is lost or damaged in the course of the Delivery Services, JayM’s Place (a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and (b) contact us by sending an email to Australia outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

6. Copyright and Intellect ual Property

6.1. The Website, the Purchase Services and all of the related products of JayM’s Place are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘ Cont ent ‘) are owned or controlled for these purposes, and are reserved by JayM’s Place or its contributors.

6.2. JayM’s Place retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of JayM’s Place; or (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

6.3. You may not, without the prior written permission of JayM’s Place and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9. Privacy

JayM’s Place takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to JayM’s Place’s Privacy Policy, which is available on the Application.

10.General Disclaimer

10.1. You acknowledge that JayM’s Place does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

10.2. JayM’s Place will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

10.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

10.4. Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and (b) JayM’s Place we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

10.5. Use of the Website, the Purchase Services, and any of the products of JayM’s Place (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of JayM’s Place, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of JayM’s Place (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of JayM’s Place) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products; (d) the Content or operation in respect to links which are provided for the User’s convenience; (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11. Limit at ion of Liability

11.1. JayM’s Place’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of JayM’s Place is the resupply of information or Purchase Services to you.

11.2. You expressly understand and agree that JayM’s Place, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11.3. JayM’s Place is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of JayM’s Place, by third parties or by any of the Purchase Services offered by JayM’s Place.

10.4. You acknowledge that JayM’s Place does not provide the Delivery Services to you and you agree that JayM’s Place will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

12. Indemnity

12.1. You agree to indemnify JayM’s Place, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(c) any breach of the Terms

13. Venue and Jurisdiction

The Purchase Services offered by JayM’s Place is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

14. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.​

15. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

16. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

PRE-ORDER POLICY

We are pleased to offer our customers the opportunity to preorder a range of upcoming items. Please read the following policy for our terms and conditions.​

PAYMENT

Payments for pre-orders are required in full at the time of ordering.

If you order other items with pre-order items, we will hold the order until all items are in stock.

We recommend placing separate orders unless you are happy to wait.

When your pre-order arrives, we are happy for you to order other items at this time to send together to save on postage. Please contact us so we can ensure you are charged the correct amount for shipping.​

LIMITATIONS

Rarer and special items may be limited to 1 per person for a pre-order.

This will be outlined with the pre-order displayed on the website.

If you order more than 1 on these items we will only fulfil 1 item for you during the pre-order.

SHIPPING

You will be charged the standard shipping fee for the item.

Items will be shipped in order they were placed with our store.

We will provide an ETA where possible, however we have no control over when pre-orders will arrive and will keep you updated as much as we can.

FULFILLING ORDERS

Due to high demand of special items, at times we may not receive enough stock to fulfil all pre-orders.

When this occurs, we will fulfil orders by the time of the first order until the allocation is exhausted.

If we don’t have enough stock to fulfil your order, we will notify and provide you a full refund or can transfer it to store credit.​

CANCELLATION

Pre-orders are ordered specifically in the quantity requested by the customers who place the pre-orders.

As a result, if you choose to cancel your pre-order, you may do so and receive a full store credit for the amount you have paid. NO CASH REFUNDS will be offered.

PRIVACY

JayM’s Place respects the privacy rights of all our customers with whom we conduct business. In compliance with the obligations under the Privacy Act 1998 as amended by the Amendment (Private Sector) Act 2000, we have implemented stringent security measures and procedures so that you can be assured that your personal information remains secure and confidential.

JayM’s Place will generally only collect personal information where it is necessary for conducting business and providing services to our customers. This may be through actual personal contact by correspondence via telephone, mail, email. The personal information provided to us via the completion of our on-line form will also be collected.

JayM’s Place does not disclose your personal information to third parties for purely marketing purposes. The personal information held by JayM’s Place is kept confidential.

information to certain third parties.

Collection of Your Personal Information

Your personal information is not collected if you only browse this website.

We may collect your personal information in a few ways including:

  • directly from you
  • when you register as a member of the website and set up an account;
  • when you place an order for either online or over the telephone;
  • where you access and interact with the website
  • when your complete surveys or provide online feedback or product reviews.

The information collected may include your name, mailing or residential address, date of birth, telephone number(s), email address, payment information and other transaction and registration details.

If you choose not to provide us with your personal information, we may not be able to provide the information, goods or the service you may require, or to fulfil one or more other purposes of collection of your personal information.

Our Use of Cookies

Like many websites, our website may use ‘cookies’ from time to time. A cookie is a small text file that is placed within the memory of a computer and can be later retrieved by web page servers. We use cookies to enhance your interaction and convenience with our website and do not use cookies to record any personal information.

Cookies may record non-personal information about your visit, including the date, time, duration of your visit, type of browser and operating system you use, the previous site you visited, your server’s IP address, the pages you access, and the information downloaded by you. While this anonymous statistical data may be aggregated and used in broader statistical analysis by us and our web monitoring service provider to improve our services, at no time can we personally identify you as the source of that data.

The default settings of browsers like Internet Explorer usually allow cookies, but users can easily erase cookies from their computer, block all cookies, or receive a warning before a cookie is stored.

Use and Disclosure of Personal Information

You acknowledge and consent that by providing your personal information to us that we may collect, use and disclose your personal information for the purposes for which it was collected

we will not disclose your personal information without your consent unless disclosure is either necessary to prevent a threat to life or health, authorized or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity.

Any permitted handling of personal information under any exemptions under the Act will take priority over this Privacy Policy to the extent of any inconsistency.
Direct Marketing

When you create an account with us, you consent for your personal information to be included in a database for use in direct marketing by JayM’s Place. You may also choose to receive such information by subscribing to our mailing list via our website. If you do not wish to receive marketing material from us, you can opt-out or unsubscribe. All emails and newsletters from this website allow you to opt-out of further mailings by clicking on the link or responding “unsubscribe”. Please note that if you have an account with us, we may still need to send you essential information about your account

RETURNS

SHIPPING POLICY

All order’s should be sent out to you within 3 business days after your order has been placed. Please be aware that business days are (Monday to Friday from 9:00am – 5:00pm). If for some reason we are out of stock of a product on your order, we will ship you the balance of the order and generally put that item on back-order/pre-order for you (provided we are likely to receive more stock of the item) or we will refund you for that item (if we are not likely to get it back in). You will be notified about these issues (if they arise) via email by support.

Shipping service is via standard Australia Post eParcel.

If your product(s) is/are oversized, or weighs more than 20kg, we will need to use a courier service to deliver your order to you. However, we will need to contact you to arrange for someone to be home at the delivery address. The cost will be an amount based solely on the size and weight of your order.

Standard eParcel Shipping – Expected delivery after processing time (1-3 Business days), trackable through Australia Post.
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RETURN & EXCHANGE POLICY​

We take very careful care when sending your items but it is understandable that your product may have been damaged in the course of transit or there is some form of manufacturing defect therefore making the product unfit for its intended purpose. If this so happens to be the case with your delivered product please contact JayM’s Place immediately via email to jaymsplace@bigpond.com as we have a 24/7 email support service.

Customers who have purchased from JayM’s Place

should be aware that all returns and exchanges offered must be received by JayM’s Place within 30 days of receiving your product at your delivery address. A support representative will contact you within 1-2 business days after receiving your inquiry.

Refunds

All refunds are at the discretion of JayM’s Place. Unless the product is deemed defective or different from the advertised product you will not be entitled to a refund or exchange of any kind.

In the event a refund is issued, you will receive your money back in the same manner and currency in which you purchased the product i.e.; Credit Card, or Paypal.

If you purchased via Credit Card

Refunds to a Credit Card will be made to the exact card that was used to purchase the product. The refund you are issued will be made in Australian Dollar (AUD) at the current exchange rate. JayM’s Place is not liable for any in amount refunded due to exchange rates.

It may take up to 30 days for the refund to show up on the card statement.

In the event of your card being expired or cancelled, the refund will need to be made through Bank Transfer or PayPal. JayM’s Place cannot refund money to a different Credit Card.

If you purchased via PayPal

How a refund is credited is dependent on how the original payment was made:

If you paid via Bank Account (eithereCheck or Instant Transfer) or PayPal balance, the money will be refunded back to your PayPal balance.

If you paid via Credit Card, the money will be refunded back to your card. It may take up to 30 days for the refund to show up on the card statement.

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