Terms and Conditions
Please read the Terms and Conditions carefully. All orders for products are subject to the Terms and Conditions of Nota Bene (ABN 53 228 747 729). By placing an order with Nota Bene, you acknowledge that you have read Nota Bene's terms and conditions and agree to be boud by them.
1. Definition of Terms
For the purposes of this document:
1.1. “Buyer” means a person who buys or agrees to buy goods from Nota Bene.
1.2. “Contract of sale” means any agreement to sell as well as a sale of goods by Nota Bene to a buyer.
1.3. “Delivery” means the voluntary transfer of possession from Nota Bene to the buyer.
1.4. “Goods” include all chattels personal other than things in action or money.
1.5. “Quality of goods” means the state or condition of the goods.
2. Formation of Contract
2.1. These terms and conditions are to be incorporated into any contract of sale between Nota Bene and a buyer.
2.2. A contract is entered into between Nota Bene and a buyer when either, in writing or by conduct, accepts an order which a buyer places for goods.
3.1. Unless otherwise specified by Nota Bene, payment for goods must be processed within 30 days of the provision of an invoice for an order.
3.2. No set- off, deductions or counterclaims are permitted without the prior consent of Nota Bene.
3.3. If payment is not processed within 30 days of the invoice being provided, Nota Bene reserves the right to cancel the order or charge 5% extra every 30 days payment is not received.
3.4. Payments may be made through Visa, Mastercard, American Express, Electronic Funds Transfer or Paypal. 3.4.1. If you wish to pay by Electronic Funds Transfer, please contact us and we will provide you with our account details.
4. Customer Orders
4.1. Nota Bene reserves the right to cancel or modify any customer order in whole or in part.
4.2. Nota Bene reserves the right to deliver goods to a buyer in instalments. This course of action does not allow the buyer to:
4.2.1. terminate the contract of sale; or
4.2.2. claim for any loss or damage arising through the contract of sale.
4.3. The Customer is liable to pay for any shipping or delivery costs as agreed upon by Nota Bene.
4.4. Delivery of the goods will take place from the premises of Nota Bene.
4.5. Nota Bene is not liable for:
4.5.1. any loss or damage to the goods through delivery
4.5.2. any delay in delivery of the goods 4.5.3. any loss or damage suffered by the buyer in the event of anything outside the control of Nota Bene.
5. Ownership of Goods
5.1. Nota Bene retains ownership of goods until the buyer pays in full all money owed to Nota Bene (including in relation to the sale of goods).
5.2. The money will have been deemed paid by the buyer at the time that the money is received in full by Nota Bene.
6. Customer Warranties
6.1. By entering into a contract of sale with Nota Bene, the buyer acknowledges that they:
6.1.1. do not rely on the skill or judgement of Nota Bene as to the suitability of the goods for any particular purpose, unless expressly acknowledged by Nota Bene that the goods are fit for a particular purpose.
6.1.2. Any image of the product is provided for the buyer to judge the relative commercial quality of the goods. The image does not constitute as a sample of the goods and the contract for sale of the goods is not a contract for sale by sample. Nota Bene does not agree that the majority of the goods sold will conform with the image provided.
7. Customer Default
7.1. An event of default occurs when:
7.1.1. The buyer fails to pay the full amount owing to Nota Bene are required in the manner specified. 7.1.2. The buyer breaches any term or condition within this document or within the Australian Consumer Law.
7.1.3. The buyer make a representation that is false at the time of the representation.
7.1.4. The buyer becomes insolvent bankrupt, in liquidation or in administration.
7.1.5. Nota Bene deems that any of the above clauses (7.1.1., 7.1.2, 7.1.3, 7.1.4) is more than probable.
7.2. In the event of a default, Nota Bene may, at their discretion:
7.2.1. Require all outstanding money to be paid in full by a specified date.
7.2.2. Repossess and resell the goods.
7.2.3. Terminate the contract of sale between Nota Bene and the buyer.
7.3. If the event of default comes to the attention of Nota Bene, Note Bene will notify the buyer of this event through electronic mail to provide evidence of the amount owed by the buyer to Nota Bene.
8. Return of Goods
8.1. Good may not be returned for credit in the event that the goods are damaged or altered in any way by the buyer or through transit from the buyer to Nota Bene.
8.2. Nota Bene reserves the right to refuse refund of any goods.
8.3. Goods are to be returned at the buyer’s expense in that the buyer must pay for all shipping/ transit costs relating to the return of the goods.
8.4. Good returned must be in their original packaging and in a saleable condition. The buyer must also supply the relevant invoice details in conjunction with the return of the goods.
9. Changes to Customer details
9.1. In the event that the details of a buyer changes, they are to inform Nota Bene of the changes before the formation of a future contract of sale. Details this clause adheres to include:
9.1.1. the delivery address of the buyer
9.1.2. the name of the buyer
9.1.3. the payment details of the buyer
9.2. In the event that the buyer does not inform Nota Bene of a change in the above details, they will be held liable for any costs of rectification for the completion of the contract.
10. Exclusion of Liability
10.1. Nota Bene makes no express warranties or promises to a buyer in respect of the goods.
10.2. To the maximum extent permitted by law, any warranties or conditions provided by law are excluded.
10.3. In the event of the exclusion of the above warranties or condition, Nota Bene is still to be held liable by law, the extent of liability is limited to the following:
10.3.1. replacement of the goods or supply of goods of equivalent monetary value; or
10.3.2. Repair of the goods; or
10.3.3. The cost of replacement of goods or repair of goods to their original standard.
11. Changes to Terms and Conditions
11.1. Nota Bene reserves the right to change our terms and conditions at our own discretion from time to time without notice. Any changes will be incorporated and made available through our website.
11.2. Any rights held by Nota Bene may only be waived expressly in writing.
Copyright Nota Bene 2016