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By
purchasing products from Body & Soul Dynamics ("BSD") or
using this website the purchaser ("The Customer"), agrees to
the following terms and conditions of sale.
1.
Consumer
Guarantees Act 1993:
Where the provisions of the Consumer Guarantees Act 1993
apply, these terms will be read subject to the application
of that Act, and in the case of any conflict, the provisions
of that Act will apply.
2.
Business
Customers:
The Consumer Guarantees Act 1993 does not apply to business
customers (where "business" is as defined by the Act).
Business customers agree that where products are purchased
for the purpose of a business that the Act does not apply.
3.
Software
Warranty:
All software sold by BSD is subject to the terms and
conditions of the license agreement of that software. The
Customer acknowledges their obligations to abide by such
license agreements. The Customer acknowledges that BSD does
not warrant any software under these Terms and Conditions.
All software is warranted in accordance with the license
agreement that governs its use.
4.
Limitation of Liability:
The Customer shall indemnify BSD against any loss of or
damage to property or for data or software which is lost,
corrupted, deleted or altered. BSD shall not be liable to
the Customer for any incidental, indirect, special or
consequential damages arising out of or in connection with
the purchase, use or performance of products or services,
even if BSD has been advised of their possibility. In no
case shall the maximum liability exceed the cost of the
original order.
5.
Refunds:
Refunds will be given at the discretion of company
management. THERE IS A NO RETURN & NO REFUND POLICY
FOR ALL ELECTRONIC AUDIO AND VISUAL (eBook) ITEMS. BSD lists
the format in each item. This does not affect your rights
if the audio or visual item is faulty* or damaged
6.
Addressing:
If a product is found to be mis-addressed by BSD then BSD
shall be responsible for the re-delivery, replacement or
refunding of the product. If the Customer is found to have
given an incorrect or insufficient address, then BSD will
not refund or resend the product and all responsibilty for
correcting delivery will be borne by the Customer.
7.
Incorrect
Bank Account Number:
BSD gives the customer the choice to pay for products
through bank transfer. If the Customer credits money to the
incorrect bank account number, and the correct number was
provided to the Customer by BSD, then BSD will not accept
any responsibilty for correcting payment and the goods will
not be dispatched.
8.
Mailing
Cash:
BSD does not recommend that cash be mailed for payment of
products. If the Customer does mail cash, BSD accepts no
responsibilty for the theft, loss or otherwise non-delivery
of mailed cash.
9.
Cancelling Orders:
BSD reserves the right to cancel orders that we believe to
be fraudulent or constitute a mis-use or a promotional or
marketing activity or where an error has occurred including
but not limited to errors relating to pricing.
10.
GST:
For all Australian orders, total prices includes GST.
11.
Shipping,
Customs & Duties: All orders will be shipped using
Australia Post.
For any orders shipped outside of Australia the customer is
the importer of record and will be responsible for all
customs import duties and sales tax charges. These charges
vary in each country and are outside of BSD’s control.
Contact your local customs office for more information on
what import duties or sales taxes may be imposed.
12.
Site
Access:
BSD hereby grants you permission to access, view and
download the content appearing on this site, for personal,
non-commercial use only. You agree not to use any device,
method or software to interfere with the proper functioning
of this site. Without the expressed written permission of
Body & Soul Dynamics, you may not use any device, method or
software including, but not limited to: spiders, robots,
avatars, agents, data mining, gathering or extraction tools
and attempts to probe, scan or test or breach security and
authentication measures.
13.
Copyright
& Trademarks:
You agree that the content you access, view or download and
the software used to create it, remains the property of Body
& Soul Dynamics as defined by Australian and International
Intellectual Property Laws, including but not limited to
Copyright and Trademark laws. You agree not to modify or
alter the content in any way, or make it available to any
third parties.
14.
Stock
Availability:
BSD endeavours to maintain adequate stock levels, but in the
event item(s) are unavailable after the order is placed the
customer will be given the option of refund for the item or
for it to be replaced with another items of same value.
Goods delivered may differ to the product images presented
on this site.
15.
Gift
Vouchers:
Gift Vouchers can only be used as discounts on future orders
and cannot be converted into a cash payment from BSD to the
Customer or be used to purchase gift vouchers.
16.
Gift
Voucher Expiry:
Gift vouchers are valid for one year from the time they are
issued, after which the voucher expires. Any remaining
credit is non-refundable.
17.
Delivery
Estimates:
BSD makes every effort practical to ensure that delivery
timeframes given are accurate. However the delivery times
stated for products on this site assume that the stock
availability information provided by our suppliers is
accurate and that delivery times are not adversely affected
by unforseen events. By placing an order, you agree not to
hold BSD liable for any loss or damage directly or
indirectly arising out of or in connection with any delay or
failure to deliver within the estimated time frame.
18.
Communications:
By creating an account with BSD you consent to receiving
electronic communications from BSD. These communications
will include: account status updates, order status updates,
promotional and marketing materials, and other information
relating to the service. Your personal details will not be
made available to any third party. For more information
please see our Privacy
Policy.
19.
Notice of
Copyright Infringement:
BSD respects the copyrights of others. And in return wish to
advise that all content on this website are not to be
reproduced, modified or redistributed in any form.
20.
Disclaimer
BSD would like to welcome you to this website, we have
worked hard to make it as user-friendly and informative as
possible. When viewing the pages of this website, you
acknowledge that you have read and accepted the following
disclaimer.
The information on this website is provided for general
information only. BSD has provided this information for the
benefit of users in good faith and with reasonable care.
Errors and omissions in this information may occur including
through negligence.
Accordingly, BSD does not accept any liability for any loss
or damage which may directly or indirectly result from any
opinion, information, advice, representation or omission
contained on this web site. |