TERMS OF SALE
In these terms and conditions, unless the context otherwise requires:
- "GST" means Goods and Services Tax or other tax that is substituted or replaces the GST
- "Seller" means Pixxie Global Trust
- "Buyer" means any person or persons, company or business entity to whom the Seller sells or supplies, or proposes to sell or supply, Goods or
- "Goods" means the goods or products supplied or sold by the Seller to the Buyer from time to
- "Supplier" means the
- “Services" means any services provided by the
- "PPSA" means the Personal Property Securities Act 2009 (Cth) as amended from time to
- "Order" means a purchased product by the Buyer to the Supplier
- "GST Law" means the New Tax System (Goods and Services Tax) Act 1999 (Cth)
- These Terms and Conditions will apply to the purchase of the goods detailed in the order emailed to the Buyer once an order is placed online. Pixxie Global Trust is registered in Queensland, Australia under ABN 45 396 609 879 whose registered office is at PO Box 7054, Redland Bay, QLD, Australia, 4165 (we or us).
- These Terms and Conditions will be deemed to have been accepted by Buyer when Buyer pays for an order or any act by the Seller which indicates fulfilment of order or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between Buyer and Seller.
- These Terms and Conditions (the Contract) apply to the purchase and sale of any Goods between Buyer and Seller, to the exclusion of any other terms that Buyer try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- Any quotation by Seller is not and shall not be interpreted as an offer capable of acceptance or as creating an obligation to sell.
- If a Buyer cancels or modifies any order, they may be responsible for any service fees incurred by the seller to process the order.
- Words imparting the singular number include the plural and vice-versa.
- The price (Price) of the Goods is set out on the Seller’s website and is subject to change without notice.
- If the cost of the Goods to Seller increases due to any factor beyond Seller’s control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, Seller can increase the Price prior to dispatch.
- Any increase in the Price under the clause above will only take place after Seller has informed the Buyer about said price change.
- The Price is exclusive of fees for delivery unless otherwise advertised.
- In the event of the suspension of manufacture or supply, the Seller will refund the order in full to the Buyer.
- All prices are inclusive of GST.
- The Buyer is responsible for paying the entire cost of goods prior to dispatch.
- 5.1 Seller will arrange for the delivery of the Goods to the address specified in the order, or Buyer’s order or to another location as agreed in writing between the Buyer & Seller
- Delivery is subject to timelines dictated by Australia Post, for urgent deliveries please select express shipping within Australia. International deliveries to Eastern Europe, Middle East or Africa can take up to 21 days. Please contact us prior to purchasing for an estimated arrival time for international purchases
- If Buyer does not take delivery of the Goods Seller may, at Seller’s discretion and without prejudice to any other rights:
- store or arrange for the storage of the Goods and will charge Buyer for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or
- make arrangements for the redelivery of the Goods and will charge Buyer for the costs of such redelivery; and/or
- after 10 business days, resell or otherwise dispose of part or all of the Goods and charge Buyer for any shortfall below the price of the
- If redelivery is not possible as set out above, Buyer must collect the Goods from Seller’s premises and will be notified of this. Seller can charge Buyer for all associated costs including, but not limited to, storage and
- Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Seller will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond Seller’s control or Buyer’s failure to provide Seller with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
INSPECTION & ACCEPTANCE OF GOODS
- It is Buyer’s responsibility when accepting this contract or ordering to ensure the Goods ordered conform to Buyer’s requirements and are suitable and sufficient for Buyer’s use.
- Buyer must inspect the Goods on delivery.
- If Buyer identifies any damages or shortages, you must inform us in writing within 7 days of delivery, providing photo and/or video evidence of damages.
- Other than by agreement, Seller will only accept returned Goods if Seller is satisfied that those Goods are defective and if required, have carried out an inspection.
- Subject to Buyer’s compliance with this clause and/or Seller’s agreement, Buyer may return the Goods and Seller will, as appropriate, repair, or replace, or refund the Goods or part of them.
- Seller will be under no liability or further obligation in relation to the Goods if:
- Buyer fails to provide notice as set above; and/or
- Buyer makes any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or the defect arises because Buyer did not follow Seller’s oral or written instructions about the use, storage, installation and maintenance of the Goods; and/or
- The defect arises from normal wear and tear of the Goods; and/or
- The defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by Buyer, Buyer’s employees or agents or any third
- Buyer bear’s the risk and cost of returning the Goods in original packaging
- Acceptance of the Goods will be deemed to be upon inspection of them by Buyer and in any event within 1 day after delivery.
RISK & TITLE
- The risk in the Goods will pass to Buyer on completion of delivery.
- Title to the Goods will not pass to Buyer until Seller has received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that Seller has supplied to Buyer in respect of which payment has become due.
LIMITATION OF LIABILITY
Copyrighted content and purchases from iTunes, Google Play, YouTube, Stan and similar streaming apps CAN NOT be mirrored, streamed or played on the Pixxie Projector. All streaming applications are owned by third parties, whereby licensing agreements to view copyrighted content exist. Pixxie cannot be held liable for any changes to these third-party applications.
8.1 Seller’s liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
- Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by
- Seller’s total liability will not, in any circumstances, exceed the total amount of the Price payable by
- If Seller does not deliver the Goods, Seller liability is limited, subject to the clause below, to the costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the
- Seller will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for: any indirect, special or consequential loss, damage, costs, or expenses; and/or any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or any failure to perform any of Seller’s obligations if such delay or failure is due to any cause beyond Seller’s reasonable control; and/or any losses caused directly or indirectly by any failure or breach by Buyer in relation to Buyer’s obligations; and/or any loss relating to the choice of the Goods and how they will meet Buyer’s purpose or the use by Buyer of the Goods
- The exclusions of liability contained within this clause will not exclude or limit Seller’s liability for death or personal injury caused by Seller’s negligence; or for any matter for which it would be illegal for Seller to exclude or limit Seller’s liability; and for fraud or fraudulent misrepresentation.
- Failure to remove the plastic protection on your Pixxie projector will void all warranty claims.
Neither party shall be liable for any failure nor delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
No waiver by Seller of any breach of these Terms and Conditions by Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
LAW & JURISDICTION
These Terms and Conditions are governed by and interpreted according to Australian law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the Australian courts.