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Terms & Conditions

Last Updated 20 December 2024

These Terms & Conditions outline the rules, guidelines, and agreements that govern your use of our website and services.

These Terms and Conditions sets out how Smith's Ice ("Smith's Ice", "we", "us", or "our") provides services and products through our website. Smith's Ice offers a platform that allows users to purchase ice products and related services ("Services").

By using our website or Services, you agree to be bound by these Terms and Conditions. If you do not agree with any terms outlined in these Terms and Conditions, please do not use the Services or our website.

Smith's Ice may change these Terms and Conditions from time to time by updating this page. You should check this page periodically to ensure that you are satisfied with any changes. If we make material changes to our Terms and Conditions, your continued use of our website or Services after such changes constitutes your agreement to them.

 

Type of website: Ecommerce

Smith's Ice can be contacted at:

admin@smithsice.com.au

11 Hempel Street, Wodonga, Victoria, 3690

 

1. Purpose

These Terms and Conditions outline the rules and requirements for using www.smithsice.com.au (the "Site"). This Site is owned and operated by Craige McCulloch and functions as an ecommerce website where customers can purchase ice products and related services.

 

2. Intellectual Property

All content published and made available on our Site is the property of Craige McCulloch and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

 

3. Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

- Harass or mistreat other users of our Site

- Violate the rights of other users of our Site

- Violate the intellectual property rights of the Site owners or any third party to the Site

- Hack into the account of another user of the Site

Act in any way that could be considered fraudulent

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

 

4. Accounts

When you create an account on our Site, you agree to the following:

- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account

- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

 

5. Sale of Goods And Services

5.1. Available Products

The following goods are available on our Site:

- 5kg Ice

- 5kg Block Ice

- Freezer Trailer Hire

5.2. Available Services

The following services are available on our Site:

- Delivery

5.3. Terms of Sale

The services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

 

6. Payments

6.1. Accepted Payment Methods

We accept the following payment methods on our Site:

- Credit Card

- PayPal

- Debit

- Direct Debit

6.2. Payment Terms

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

 

7. Shipping and Delivery

7.1. Delivery Methods

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

- Scheduled In-House Delivery

7.2. Delivery Terms

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and public holidays.

You will not be charged for the delivery of the goods you purchase on our Site.

7.3. Delivery Address

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

 

8. Consumer Protection Law

Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

 

9. Links to Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

 

10. Limitation of Liability

Craige McCulloch and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

 

11. Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Craige McCulloch and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

 

12. Applicable Law

These Terms and Conditions are governed by the laws of the State of Victoria.

 

13. Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

 

14. Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

 

15. Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

admin@smithsice.com.au 11 Hempel Street, Wodonga, Victoria, 3690

You can also contact us through the feedback form available on our Site.

 

 

Table of Contents

  • 1. Purpose
  • 2. Intellectual Property
  • 3. Acceptable Use
  • 4. Accounts
  • 5. Sale of Goods And Services
  • 6. Payments
  • 7. Shipping and Delivery
  • 8. Consumer Protection Law
  • 9. Links to Other Websites
  • 10. Limitation of Liability
  • 11. Indemnity
  • 12. Applicable Law
  • 13. Severability
  • 14. Changes
  • 15. Contact Details
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