Terms & conditions

1. Terms of Website Use

The Terms of Use
GenieDownUnder.com website is own and operated by Silverth Pty Ltd. By using or accessing this you acknowledge that you have read, understood and agreed to be bound by these terms and conditions (“Terms of Use”). If you do not agree to the Terms of Use, please do not use this website.

Ownership of Website and Content
Silverth Pty Ltd (“GenieDownUnder.com”) owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by GenieDownUnder.com. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of GenieDownUnder.com or of the relevant trade mark owner.

Security
GenieDownUnder.com cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.

Third Party Content
This website contains information from or hyperlinks to websites operated by third parties. GenieDownUnder.com provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse the content of any such information or website.

Revisions
GenieDownUnder.com may revise these Terms of Use or the Terms of Purchase below at any time in its absolute discretion by posting revised terms, and these revisions will be effective immediately. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.

Liability
GenieDownUnder.com provides this website and its contents on an “as is” basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. GenieDownUnder.com will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.

Your Privacy is Important
We are committed to protecting the privacy of everyone who shops or interacts with us. GenieDownUnder.com Privacy Policy sets out our commitment to you on privacy, including our use of “cookies”.

Governing Law
GenieDownUnder.com operates this website from its office within Australia. The laws of the State of Tasmania govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of Tasmania, Australia. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia.

 

2. Terms of Product Purchase

The Agreement
In addition to the Terms of Use, these terms and conditions (“the Purchase Terms”) set out the additional terms and conditions under which you may purchase from GenieDownUnder.com products appearing on this website and other GenieDownUnder.com distribution channels. By completing the customer application process and purchasing products from this website or other GenieDownUnder.com distribution channels, an agreement exists between you and GenieDownUnder.com once GenieDownUnder.com accepts an order. Each accepted order is a separate agreement.

Nature of Business and Advertised Products
GenieDownUnder.com proudly source quality products locally and globally. Products bought via this website or GenieDownUnder.com distribution channels will be ship by the actual product’s manufacturers or distributor to the buyer.
Due to the nature of our business products advertised in this website and in GenieDownUnder.com distribution channels such as eBay are either in Australia warehouses or overseas warehouses depends where our manufacturer or distributor is located. Thus, purchased items in this website or GenieDownUnder.com distribution channels will either be shipped from within Australia or from overseas to customers/clients.

Customer Application
You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify GenieDownUnder.com if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password.

Orders
You place an order with GenieDownUnder.com by selecting products and pressing the “Buy Now” button on the checkout page. GenieDownUnder.com reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by GenieDownUnder.com at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by GenieDownUnder.com upon GenieDownUnder.com acknowledging such order or failing to reject such order within 14 days. We accept orders worldwide.
In the event of goods shipped to an address other than yourself we have no contract between the receiver of these goods and ourselves. In this case we cannot mediate any aspect of the purchase or sale between yourself and the end receiver of the goods shipped.

Product Availability
GenieDownUnder.com uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However, you acknowledge that in some cases this is not possible and GenieDownUnder.com may need to reject an order you have placed for a product where GenieDownUnder.com establishes that it is actually unavailable for delivery. In such cases GenieDownUnder.com will refund in full all amounts you paid in respect of such unavailable product. GenieDownUnder.com cannot provide rainchecks for products ordered online, and where permitted by law reserves the right to limit the sale of products to reasonable or normal household quantities.

Payment
You must pay for your products purchased on this website at the time of placing an order. We currently only accept Paypal but more payment options will be added in the future.

Description of Goods
GenieDownUnder.com has taken care to describe and take images as accurately as possible in accordance to the manufacturer’s specification. Despite this, variations amongst items may occur. If there is anything you don’t understand about the information provided on the website please email us at admin@geniedownunder.com.

Variation of Products and Price
GenieDownUnder.com may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary between those found on this website and GenieDownUnder.com distribution channels.
Every effort is made to ensure the prices shown on the website and GenieDownUnder.com distribution channels are accurate at the time of placing an order. If an item has been
under priced in error, we will contact you and offer the following three options:
1. Placement of a new order at the correct price of the goods;
2. Cancellation of the whole order;
3. Cancellation of your order for the mis-priced goods and reconfirmation of your order for the correctly priced goods.

If you do not respond within 24 hours, your order will be cancelled. Any payment received from you will be credited back to your original method of payment.

The price of an item does not include shipping charges.

Delivery and Shipping
Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.
Shipping methods will be offered upon checkout and shipment tracking number and notification will be sent to you once items are dispatched. GenieDownUnder.com cannot be held responsible for any delays in delivery caused by freight companies. Delivery time varies depends on where the product will be ship from. Patience is needed if product is coming from overseas.

You will be responsible for the order once the package arrives at the supplied delivery address. We cannot be held responsible if the package goes missing once delivered. If any goods are received damaged, you must notify us within 48 hours of receiving them. If any goods are received faulty you must notify us within 7 days of receiving them. Please see returns procedure for more details.

We cannot be held responsible for goods that do not arrive to the customer due to errors made by the customer when entering the address details. Please ensure that you check all your details before confirming your order.
Also note that the address must be accessible to courier drivers and if no shipping instructions are left that someone is there to receive the package. If packages are sent back to manufacturers or distributors, we will refund you the item cost excluding the shipping charges incurred.
Please also note that deliveries made to business addresses or your place of work are considered received once they arrive at the address. It is the customer’s responsibility to ensure the item is safely received.

Custom Duty
Purchasing any products via this website or other GenieDownUnder.com distribution channels may be imported to your country. In this scenario you give consent to GenieDownUnder.com or Silverth Pty Ltd or our Product Manufacturers or our Product Distributors to import the product in your name.
Product’s prices or shipping charges does not include any custom duty or taxes in your country. You may be charged custom duty for the goods purchased online via our website or other GenieDownUnder.com distribution channels. In that scenario, please declare the goods you purchased to your country’s custom and pay the duty if necessary.
The value of the goods are normally declare according to the request by our logistic supplier so that the package can go easily through the boarder and custom.

Returns
In the event of any items received being damaged or incorrect items received. Please contact us via our website contact form together with photographic evidence within 48 hrs.
Refunds are applicable for the items only and do not include the price paid for shipping.
Return shipping costs are buyer’s responsibility but in some cases the product’s manufacturer or distributor may share the return shipping costs.
Return is dealt case by case basis and return policy depend on the product manufacturer or distributor.

Misused
GenieDownUnder.com or Silverth Pty Ltd or our Product Manufacturers or our Product Distributors is not responsible for any misused of any products bought via this website or GenieDownUnder.com distribution channels.