The website is operated by Alibi Holdings Pty Ltd (A.B.N 35061690775) (‘us, we, our’). All relations between the The Customers (‘you’) and Alibi Holdings are subject to the terms and conditions of trade set out below (‘these Terms’).
We are responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time. If the performance of Alibi Holdings’ s obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Alibi Holdings, Alibi Holdings will not be liable for any loss or damage suffered by the Customer or any other person and Alibi Holdings will give the Customer written notice if the force majeure event has continued unabated for 30 days.
In relation to the Website, you, The Customer must not:
• use the Website or content from the Website for any activities which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
• use the Website to post or transmit any material that defames, harasses, threatens, offends, infect with viruses or restricts any person or which inhibits any user from using the Website or the Internet;
• in any way tamper with, hinder or modify the Website;
• attempt, facilitate or assist another person to do any of the above acts.
The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website remains the property of Alibi Holdings and protected by Australian laws.
Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.
We own the copyright, which subsists in all creative and literary works that are displayed on the Website.
The Customer is authorised to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. However, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way other than as permitted under these Terms without the written express consent of Alibi Holdings.
In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.
TERMS OF SALE
By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and Alibi Holdings with respect to the supply of the Goods in accordance with these Terms.
• All Orders are subject to availability of the Goods and confirmation of the Order price.
• Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure for which Alibi Holdings will not be responsible.
• The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.
• Alibi Holdings reserves the right to accept or reject an Order for any reason at any time.
• When placing an Order the Customer undertakes that all details that are provided to Alibi Holdings are true and accurate, that the Customer is an authorised user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods. Cases of suspected fraud will be handed over to authority.
RIGHT OF REFUSAL
Orders are honoured strictly at Our discretion. Alibi Holdings reserves the right to refuse and/or terminate orders from customers that we deem to be objectionable. Orders that may be considered objectionable in nature may include, but not limited to – suspicion of fraud, breach or noncompliance with store policy and Terms and Conditions, unsustainable (unprofitable and/or damaging to profits), policy abuse, orders outside of shipping zone and abuse/harassment to staff members. We will attempt to exercise all efforts necessary to rectify and clarify all issues before the determining refusal and/or termination.
All prices quoted on the Website or pursuant to your enquiry with us are in Australian Dollars (AUD) and include GST at 10%. They exclude all foreign taxes, VATs and customs and excise duties. Costs relating to international orders will be calculated via our integrated currency converter. The actual international currency conversion that you are charged via your bank may vary. The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee (see clause 10).
Alibi Holdings reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer, unless the Customer has submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.
In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law. Alibi Holdings will issue the Customer with a tax invoice once payment in respect of the Order has been processed.
Alibi Holdings accepts payment via credit card (Visa/Mastercard), Paypal, Afterpay, bank transfer and cash upon collection.
After you make payment for your order, we will email you an invoice which confirms receipt of your order.
RETURN AND EXCHANGE POLICY
Alibi Holdings accepts returns and exchanges on condition that the customer has read and understood our policy, items in question adhere to our criteria and proper steps and protocols are followed as detailed in our Returns Policy.
DAMAGED OR FAULTY GOODS
All Goods are thoroughly inspected to ensure that they are in the best condition prior being sent to the Customer. All Goods come with guarantees that comply with Australian Consumer Law.
If the Customer discovers that a Good is faulty or damaged, the Customer must notify Alibi Holdings via email at email@example.com along with a description of the product, fault, size and style and the Customer’s preference for a refund, replacement, exchange or repair. If Alibi Holdings inspects the Good and confirms that there is a fault, the Customer will be entitled to a full refund, replacement (if available), exchange or repair (where possible). Customers are liable for any delivery costs if the Good is found not to be faulty.
Any period or date for delivery of Goods stated by Alibi Holdings is intended as an estimate only and is not a contractual commitment. Deliveries are subject to any delays resulting from postal delays or force majeure for which Alibi Holdings will not be responsible.
All deliveries of Goods purchased by the Customer will be made by a registered courier (Australia Post, Fastway, CouriersPlease). Alibi Holdings reserves the right to refuse Authority To Leave in the case of delivery address being unoccupied due to liability in circumstances where parcel is lost. In which case, a collection card will be left in the customer’s post box with details as to how and where to collect their goods. At this point, the goods will be deemed as ‘delivered’. Full details of our domestic Shipping Policy and be viewed here.
We do not accept responsibility for lost orders as a result of a third party’s negligence or otherwise, so far as we can provide proof of shipment. If your order is missing, please contact us immediately.
LINKING TO THIS WEBSITE
The Website may provide links to websites and access to content from third parties, including users and affiliates of Alibi Holdings.
The Customer agrees that Alibi Holdings is not responsible for the availability of, and content provided on, third party websites. The Customer should refer to the policies posted by other websites regarding privacy and other topics before they use them.
To the fullest extent permitted by law in no way will Alibi Holdings, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.
These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.
LIMITATION OF LIABILITY
Alibi Holdings will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.