Terms of Sale
These terms and conditions of sale (“Terms of Sale”) sets out the terms of conditions for our supply of Products and Services listed on our website (“Products” and "Services" respectively), www.schoolmonkey.com.au (“website”).
Please read these Terms of Sale carefully before ordering any Products or Services from our website. By ordering any of our Products or Services, you agree to be bound by these Terms of Sale.
References to "School Monkey", "we", "us" and "our" in these Terms of Sale are references to School Monkey Pty Ltd (ABN 85 616 056 609).
1. Availability of Products and Services
Our Products and Services are only available to people who reside in Australia. We do not accept orders outside of Australia and do not supply Products or Services to addresses outside of Australia.
2. Customer account
(a) This website can be used as either a guest or a customer account holder.
(b) If School Monkey permits you to register for a customer account, you will need to provide:
(i) your name and address;
(ii) the name and school year of your child;
(iii) the name of the school attended by your child; and
(iv) contact details including a phone number and an email address.
(c) Shortly after you register for a customer account and so long as the information you provided is valid and accurate, School Monkey will provide you a username and password so you can access your customer account.
(d) You must keep your username and password confidential and not reveal those details to anyone. You must not let anyone else log in using your username and password.
(e) School Monkey reserves the right to suspend or terminate your customer account at any time. We are not liable to you for any loss, damage, cost, or expense you may suffer as a result of us exercising this right.
3. Your status
By using a customer account and placing an order through our website, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old; and
(c) you reside in Australia.
4. How a contract is formed between you and us
(a) You can order Products or Services from us at any time by logging into your customer account on our website. You can also order Products or Services from a partner school’s uniform shop.
(b) After you place an order, we will endeavour to provide you an acknowledgment email confirming receipt of your order within 5 days from the time of your order. The Order Acknowledgment will not constitute an acceptance of your order.
(c) Following the Order Acknowledgment, we will send you a separate e-mail advising you if your order has been accepted (“Order Confirmation”).
(d) Each order placed for Products or Services through our website that we accept by providing you an Order Confirmation constitutes a separate legally binding agreement (incorporating these Terms of Sale) between you and us from the time you receive the Order Confirmation.
(e) While we will try and ensure that all details, descriptions and prices which appear on our website are accurate, you acknowledge that errors (including processing errors, system errors, and human errors) may occur.
(f) We reserve the right to reject your order for whatever reason. For example, if we discover an error in the price or available quantity of any Product or Service which you have ordered, we will inform you of this as soon as possible and reject your order.
(g) If we reject your order, we will:
(i) endeavour to notify you of that rejection within a reasonable period after you place the order; and
(ii) refund the amount (if any) you paid for the Products or Services.
(h) If you have a problem with your order, please contact us by e-mail at firstname.lastname@example.org.
(a) Products purchased from our website will be delivered to the delivery address specified in your order. Services purchased from our website will be supplied in the manner and at the place specified in your order.
(b) If your order is for a student of a partner school specified on our website, you can arrange for the ordered Products to be picked up from the partner school's uniform shop or have the ordered Products delivered directly to the student's class. You can also arrange for the ordered Services to be provided at the partner school's uniform shop.
(c) We cannot specify an exact time when we will deliver the Products or supply the Services you ordered. However, we will endeavour to deliver Products within the time specified in your Order Confirmation. We will also endeavour to provide the Services within the time specified your Order Confirmation. While we will endeavour to deliver Products and Services within this time period, there may be unforeseen circumstances where we are unable to do so. These include, for example:
(i) weather conditions limiting access to delivery areas;
(ii) technical and website related issues; and
(iii) transport or logistical issues.
(d) Subject to the delivery terms of our third-party delivery providers and contractors:
(i) we will endeavour to deliver the Products or Services you ordered between 8.00am and 5.00pm Monday to Friday excluding public holidays in New South Wales, Australia;
(ii) for Products you have ordered:
(A) our delivery drivers are required to obtain a signature for all deliveries. However you can provide us with an authority to leave the Products you ordered behind without obtaining a signature; and
(B) most deliveries are attempted once and the driver will leave a card stating where to call to arrange a redelivery.
(e) We can only deliver Products to a physical address. Examples of addresses we cannot deliver to include, but are not limited to, PO Boxes, Parcel Lockers, and Locked Bags.
(f) You will receive an email once your order for Products has been dispatched so that you will know when your Products will arrive. Processing and dispatch times may be greater than 5 business days for regional or remote areas in New South Wales. Due to an increase in orders at the beginning of the school year, please allow extra time for your order for Products to be dispatched during this period.
(g) There may be times where your order for Products will be split and delivered to you in separate deliveries.
(h) On some rare occasions your ordered Products may be on backorder. This means we don't have enough stock to fulfil your order. These backorder items will be delivered to you at a later date when we have enough stock to fulfil your order.
6. Delivery Cost
(a) Delivery costs are specified in your order. Delivery costs for Products vary based on the size, weight, and delivery address.
(b) We reserve the right to vary delivery costs from time to time. We also reserve the right to vary, cancel, or extend special offers regarding delivery charges.
(c) We may provide special offers waiving delivery charges in certain circumstances.
(d) For further information on carriage costs or delivery timescales, please contact us on email@example.com.
7. Risk and Title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive the full purchase price of the Products.
8. Price and Payment
(a) The price of any Products or Services on our website are in Australian dollars, except in cases of obvious error. These prices include goods and services tax (“GST") but exclude delivery costs, which will be added to the total amount due.
(b) Prices are subject to change at any time but changes will not affect orders in respect of which you have already received an Order Confirmation.
(c) Payment for all Products or Services must be by credit card, debit card, or other payment method authorised by us. You must pay for the Products or Services at the time you place your order. By submitting your order, you represent that you are authorised to use the credit card, debit card, or other payment method authorised by us and allow us to charge that payment method the amount of your order and delivery costs and taxes.
(d) If you choose to pay by credit or debit card, School Monkey has chosen a third party merchant to provide secure payment services and your transaction will go through that merchant's website. Completion of your order will be subject to you agreeing to separate contractual terms with that merchant.
(e) If you require the Products or Services to be delivered to an alternate address other than that which your credit or debit card is registered to, we may need to verify your details before we can process your order.
We reserve the right to charge you an amount equal to or equivalent to the GST payable in respect of the supply of Products or Services to you.
10. School Cash Rewards Program
(a) We will provide a percentage of the gross proceeds of sale of certain products you purchase on this website to your school if your school has agreed to participate in, and for so long as your school continues to be part of, our Schools Cash Rewards program.
(a) To the fullest extent permitted by law, we give no warranty in relation to the Products or Services supplied to you, and you acknowledge that you have not relied on any representation or warranty made by or on behalf of us.
(b) In the event the Products or Services supplied by us to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption and to the extent permitted by law, if any of the consumer guarantees under the Australian Consumer Laws in Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("ACL") apply to the Products or Services supplied by us to you, and the ACL voids or prohibits provisions in a contract excluding, restricting, or modifying such consumer guarantees, our liability under or arising out of the supply of the Products or Services for breach of, or failure to comply with, any such consumer guarantees is limited, at our option, to:
(i) for Products supplied to you:
(A) the replacement of the goods or the supply of equivalent goods;
(B) the repair of the goods;
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D) the payment of the cost of having the goods repaired; or
(ii) for Services supplied to You:
(A) the supply of the services again; or
(B) the payment of the cost of having the services supplied again.
(c) Except as stated in clause 11(b) and the Returns Policy referred to in clause 12, to the extent permitted by law, we are not liable for, and you do not rely on being able to claim against us for, any loss or damage or Consequential Damage (whether in contract, negligence, any other tort, or breach of statutory, fiduciary or other legal or equitable duty) in connection with or arising out of our supply of Products, or Services, or anything done or omitted to be done under these Terms of Sale.
(d) "Consequential Damage" in clause 11(c) means any loss of use, lost production, lost income, lost profits, loss of opportunity, lost savings, increased or wasted expenses, delay or lost time, loss of or damage to goodwill, increased operating costs, wasted or increased financing costs, loss of or damage to data or records, loss of or unavailability of or damage to tangible or intangible property, claims made against you by others, losses or costs or expenses associated with identification, investigation, assessment, repair, replacement, any other economic loss or damage, and any other special, indirect or consequential loss or damage.
12. Returns Policy
Returns, replacement, repairs or refunds of Products are subject to the Returns Policy available on our website.
13. Written Communications
(a) When using our website, you accept that communication with us will be mainly by electronic means.
(b) We may contact you by email or provide you with information by posting notices on our website. You agree to this electronic means of communication and you acknowledge that all notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
14. Our right to vary these Terms of Sale
(a) We may amend these Terms of Sale at any time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system's capabilities.
(b) You will be subject to the Terms of Sale in force at the time that you order Products or Services from us, unless:
(i) we notify you of changes to the Terms of Sale before we send you the Order Confirmation, in which case you will be bound by the new Terms of Sale; or
(ii) any change to those the Terms of Sale is required to be made by law or government authority, in which case the new Terms of Sale with the changes required by law or government authority will apply to orders previously placed by you.
15. Governing law and jurisdiction
(a) These Terms of Sale is governed by, and is to be construed in accordance with, the law of New South Wales, Australia.
(b) Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts operating in New South Wales, Australia.