These are the terms and conditions of agreement for online trading between The Archive Place Australia PTY Limited (ABN 626 427 727 63) and the user of this website ("You/Your").
Your use of this Website and purchase of the Products is subject to these legally binding terms and conditions. By using THEARCHIVEPLACE.COM you agree to the terms and conditions set out in this Agreement.
From time to time, this Agreement will be reviewed and may be revised. The Archive Place reserves the right to change this Agreement at any time in its sole and absolute discretion. Any such changes will be posted on the Website. If You have commenced any transaction prior to a change to this Agreement, transaction will be effected in accordance with the terms in place at the time of the acceptance of Your offer at The Archive Place.
1.1 By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with The Archive Place. Should The Archive Place suffer any damage or other losses as a result of a transaction entered into by a minor, The Archive Place reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with The Archive Place.
1.2 By completing the checkout process and placing an order by clicking the “Place Order” button on the checkout page, you are making an offer to purchase the Product from The Archive Place or from the relevant marketplace Partner.
1.3 Payment must be made in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase.
1.4 All orders are subject to availability and confirmation of the order price. The Order Confirmation by email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with the Partner and/or The Archive Place (as applicable) until it is delivered to you at the address specified when you placed your order.
1.5 The Archive Place reserves the right to limit the quantities of product sold as it sees fit. It is a condition of this Agreement that you do not resell the Products to a third party.
1.6 All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. In some areas of the website, prices will be shown with an estimate of the price in your home currency. These converted prices are for information purposes only, to help you get an idea of the approximate cost of a product, and they may not be the exact amounts that will appear on your credit card statement. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit provider. Therefore we are not able to take responsibility if the final amount charged to your card differs slightly from the estimated conversions we provide.
2.1 We aim to deliver all products to you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times. The expected delivery time is indicative only and to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.
2.2 We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery
2.3 Orders placed outside Australia may be subject to the relevant taxes and duties applicable to the jurisdiction from which the order was placed. The Archive Place does not cover any duties, customs or taxes applied to orders. Shipping costs do not include duties or taxes that may be applied by customs at the destination country.
2.4 Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
3.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product. If the refund transaction fails we will advise you of this and make arrangements to process the refund via a different method.
3.2 If you wish to cancel your Order, please contact us at email@example.com. Once an Order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the returns policy.
4.1 You can return any orders for change of mind, subject to below conditions and restrictions set out below:
4.2 Returned parcels remain the responsibility of the customer until received by The Archive Place. We are not responsible for the lost parcel returned by the customer.
4.3 If merchandise is returned despite the restrictions set up in Clause 4.1, items will be sent back to you at an additional charge.
4.4 We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact customer service admin@thearchiveplace as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the goods.
4.5 If the product is confirmed to have a defect, we will replace or repair the product or refund the price of the product to your original payment method, as appropriate. If the product is found not to have a defect, deemed out of warranty, or you otherwise do not have a remedy for a failure to comply with the consumer guarantees under the Australian Consumer Law, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.
4.6 It does not constitute as a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
4.7 We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. Such discrepancies in colour will not be deemed to be faulty.
5.1 The Archive Place will use its best endeavours to list Products with the most competitive prices and in the most transparent way. The strike through price represents the Recommended Retail Prices provided to us by our supplier. It does not mean that the product has been offered or sold at the RRP by us or anyone else. Some products are sourced from international markets and may not be available for sale in Australia. In this case, a Recommended Retail Price has been established by converting the Recommended Retail Price provided by the suppliers from which The Archive Place has sourced the product in the market from which the goods were sourced into Australian dollars. The exchange rate used in conversion to Australian dollars is that which is applicable at the time the goods are first landed in Australia as published by our bank. We reserve the right to change prices for Products displayed on The Archive Place web site at any time.
6.1 Occasionally down-time, either scheduled or unscheduled, may occur. The Archive Place will use reasonable endeavours to ensure this amount of down-time is limited.
6.2 The Archive Place will not be held liable for the consequences of any down-time.
7.1 The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to THE ARCHIVE PLACE.
7.2 The name of The Archive Place, The Archive Place Pty Ltd or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission.
7.3 Information about goods on the Site is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
7.4 Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.
8.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us fail to meet a consumer guarantee under the Australian Consumer Law.
Without excluding, restricting or modifying the rights and remedies to which you may be entitles under the consumer guarantees provisions of the Australian Consumer law or our liabilities under those provisions:
To the extent permitted by law, we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Products; and
We will not be liable to you for indirect and/or consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
Our liability to you for loss or damage of any kind arising out of this agreement or in connections with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability if in contract, tort (including negligence), under any statue or otherwise.
9.1 These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of The Archive Place. These Terms and Conditions (including all of the policies and other Agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and The Archive Place are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
10.1 The Archive Place shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of The Archive Place, and The Archive Place shall be entitled to a reasonable extension of time for the performance of such obligations.
11.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.
"Website" means internet website with the URL www.thearchiveplace.com and associated websites.
"You" means the user of the Website (and "Your" has the corresponding meaning).
“THE Archive Place”, "we", "our", "us" means The Archive Place Australia Pty Ltd (ABN 626 427 727 63) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.
(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
(c) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
(d) References to includes or including or like words or expressions shall mean without limitation.