1.1. These terms and conditions shall govern the sale and purchase of products through this website.
1.2. By placing an order on this website you accept and agree to these terms and conditions.
1.3. This document does not affect any statutory rights you may have as a consumer.
2.1. In these terms and conditions:
“I” means the author and site administrator Issues Fujishima; and
“you” means my customer or prospective customer, and “us”, “our” and “your” should be construed accordingly.
3. Order process
3.1. No contract will come into force between you and me unless and until I accept your order in accordance with the procedure set out in this Section 3.
3.2. To enter into a contract through my website to purchase products from me, the following steps must be taken:
You must put at least one product into the cart and proceed to view the cart by clicking the “Vie Cart” button. You then must click the “Proceed to checkout” button. to provide the billing/shipping information and select the method of payment. The payment service provider within the checkout page will handle your payment. Following payment, the payment service provider will send you an acknowledgement of receipt of the order. Once I have received your order and payment I will check whether I am able to meet your order. If positive, your order will become a binding contract. If not, I will confirm by email that I am unable to meet your order and organize a refund.
For business customers or for bulk orders, you are requested to contact me by email on isseyfujishima[at]gmail.com, with details of your proposed order. I will check whether I am able to meet your order. If positive, I will confirm this to you, together with the total price for the goods and postage, packing and delivery costs. If you accept my confirmation by email, your order will become a binding contract. In this case, payment must be made through the link I provide, following my issuance of an invoice.
4.1. Prices are quoted on my website in AUD (Australian dollar).
4.2. I will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.1. You must, during the checkout process, pay the prices of the products you order.
5.2. Payments may be made by any of the permitted methods specified on this website.
5.3. If you fail to pay any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then I may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale.
5.4. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay me, within 7 days following the date of my written (email) request:
an amount equal to the amount of the charge-back;
all third party expenses incurred by me in relation to the charge-back (including charges made by my or your bank or payment processor or card issuer);
an administration fee of AUD 25.00 including tax; and
all my reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 5.4 (including without limitation legal fees and debt collection fees),and, for the avoidance of doubt, if you fail to recognize or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 5.4.
6.1. The policies and procedures relating to the delivery of products are set out in this Section 6.
6.2. I will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process. Please ensure that your address is correct and complete. You will not be entitled to a refund if your order is sent out but you do not receive it or receipt is delayed because the delivery address you gave me was wrong or incomplete.
6.3. I will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 14 days following the date of the order confirmation; however, I do not guarantee delivery by this date.
6.4. I do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 20 days following the later of receipt of payment and the date of the order confirmation.
6.5. I will obtain proof of posting on dispatch.
7. Distance contracts: cancellation right
7.1. You may withdraw an offer to enter into a contract with me through our website or cancel a contract entered into with me through my website (without giving any reason for your withdrawal or cancellation) at any time within the period:
beginning upon the submission of your offer; and
ending at the end of 5 days after you receive the product.
7.2. In order to withdraw an offer to contract or cancel a contract, you must inform me of your decision by emailing isseyfujishima[at]gmail.com. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
7.3. If you cancel a contract but it has been delivered to you, you must send the products back to me (contact me on isseyfujishima[at]gmail.com for the return address) or hand them over to us not later than 30 days after the day on which you inform me of your decision to cancel the contract. You must pay the direct cost of returning the products.
7.4. If you cancel an order in accordance with this Section 7, you will receive a full refund of the amount you paid to me in respect of the order including the costs of delivery to you.
7.5. If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, I may recover that amount from you up to the contract price. I may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to me. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.
7.6. I will refund money using the same method used to make the payment, unless you have expressly agreed otherwise not later than 21 days after your cancellation. In any case, you will not incur any fees as a result of the refund.
8. Warranties and representations
8.1. I warrant to you that: 1. have the right to sell the products that you buy; 2. the products I sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions; 3. the products you buy will correspond to any description published on our website; and 4. the products you buy will be of satisfactory quality.
8.2. You warrant and represent to me that:
you are legally capable of entering into binding contracts;
you have full authority, power and capacity to agree to these terms and conditions;
all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
you will be able to take delivery of the products in accordance with these terms and conditions.
8.3. All of my warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law, all other warranties and representations are expressly excluded.
9. Limitations and exclusions of liability
9.1.I will not be liable to you in respect of any losses arising out of any event or events beyond my reasonable control.
9.2. I will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.3. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
10. Order cancellation
10.1. I may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
you fail to pay, on time and in full, any amount due to us under that contract; or
you commit any material breach of that contract.
10.2. You may cancel a contract under these terms and conditions immediately, by giving me written notice of termination, if I commit any material breach of that contract.
11. Consequences of order cancellation
11.1. If a contract under these terms and conditions is cancelled in accordance with Section 10:
I will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products).
12.1. I may revise these terms and conditions from time to time by publishing a new version on our website.
12.2. A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
13. No waivers
13.1. No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
13.2. No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
14.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
14.2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15. Law and jurisdiction
15.1. These terms and conditions shall be governed by and construed in accordance with Australian law.
15.2. Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Australia.
16. Statutory and regulatory disclosures
16.1. I will not file a copy of these terms and conditions specifically in relation to each user or customer and, if I update these terms and conditions, the version to which you originally agreed will no longer be available on this website. I recommend that you consider saving a copy of these terms and conditions for future reference.
16.2. These terms and conditions are available in the English language only.
17. My details
17.1. The “The Reign of God” website is owned and operated by Issue Fujishima.