Terms & Conditions
Revised July 2019
DEFINITIONS
Australian Consumer Law “ACL”
means the provisions set out in Schedule 2 of the Competition and Consumer Act 2010.
Exclusive Goods
means any goods which are, at Your request, customized or specifically ordered for You.
Goods
mean the products specified in the invoice or ordered by You and includes any packaging in which the Goods are packed.
Intellectual Property
means all intellectual property rights, including copyright, inventions, patents (including patent applications), trademarks (whether registrable or not), designs (whether registrable or not), eligible circuit layout rights, domain name licenses, and includes the right to register any intellectual property rights.
Parties
“You and Your” means the person or entity requesting to purchase goods or equipment. “We, Our and Us” means Spinster International Pty Ltd t/as Spinster Billiards and any business operated by the company and each of their employees and agents.
Exposure
Including but not limited to; Any environmental factors including moisture and humidity variations and fluctuations, either natural or controlled. Deterioration and degradation caused by UV exposure and/or soiling.
General Usage
Reasonable and responsible use and interaction with goods that are considered non-malicious according to the items expected or intended use.
GENERAL TERMS
- These terms and conditions apply to the sale and services provided by Spinster Billiards.
- Any direction by You either verbal or written to procure products from Us will be deemed acceptance by You of these terms and conditions.
- We shall not be bound by any other conditions attaching to any order, quotation or direction issued by You, unless such conditions are expressly accepted by Us in writing.
- Nothing in these terms and conditions excludes, restricts or modifies or has the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified.
- Each order for goods that You place and accepted by Spinster will be a separate and binding agreement between You and Spinster with respect to the supply of the relevant goods, in accordance with these Terms and Conditions.
1. PAYMENTS
- For deposits and payments Spinster accept cash, electronic funds transfer /EFT, PayPal and credit card only. Credit card and PayPal transactions and payments processed by Spinster are subject to third party transaction fees as per the third party schedule. To avoid transaction fees, We recommend making payments online with EFT via Your banking institution,
- Please note, personal cheques and money orders are not accepted.
- Please ensure Spinster invoice and/or quotation numbers are Used as transactional references when making payments to ensure smooth processing. Details are available on Your invoice.
- For online orders and purchased made through www.spinsterbilliards.com.au or one of its international subsidiaries Websites PayPal is offered as a secure purchasing method. PayPal can also be utilized for Credit card purchases, with or without an active PayPal account.
- All listed/advertised online pricing is inclusive of PayPal’s third party transaction and processing fees only, along with local applicable taxes. They DO NOT include any international import/export duties that may be applied by local governing bodies.
2. DEPOSITS, CANCELLATION POLICY & REFUNDS
- Made to order/Exclusive goods require a 50% deposit before commencement of works (100% on all Graphx cloth orders). Balance of the total payable amount is to be remitted in full on completion of order and prior to goods being dispatched.
- Unless We otherwise stipulate, all other transactions (“standard transactions”) require payment in full prior to dispatch of goods.
- Cancellation on made to order/Exclusive goods after production has commenced, will incur a cancellation fee of 30% of the invoice value.
- Cancellation on standard transactions will incur a cancellation fee of 10% of the invoice value.
- These cancellation fees will be deducted from the refund of any monies already received. These fee reflects Spinsters reasonable costs incurred/outlaid on materials ordered/purchased through third party suppliers, re-stocking and associated labor incurred.
- If for any reason We are unable or unwilling to supply the goods as offered any monies paid will be refunded to You in full. Spinster reserves the right to cancel any order at any time. If Spinster initiates the cancelation of an order any monies paid will be refunded to You in full.
3. REFUND POLICY
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure. 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. The options of Repair/Replace or Refund will be at the discretion of Spinster Billiards.
- Please choose carefully however as We do not refund simply for change of mind or customers personal circumstances.
- All refunds will be made only to the original purchaser and to/by the original payment method.
4. PROOF OF PURCHASE
- In order to process a refund, exchange, repair or warranty claim, You must have clear proof of purchase of either Your tax invoice or receipt. Spinster holds a limited history of orders and isn’t provisioned to search for historically archived transactions. Presenting proof of purchase is Your responsibility, so please retain Your invoices and/or receipts as We cannot act without sufficient proof of purchase.
5. REPRESENTATIONS
- Representations made in print/Website/television or any other media or advertising including conceptual renderings provided to clients are for display purposes only. Any display accessories shown in photographs are not included in prices quoted, nor necessarily available through Spinster.
- Actual product colors may vary slightly due to printed/Web colour variations beyond Our control.
- Spinster reserves the right to correct errors, omissions and misprints and to update product specifications as and when required at Our discretion without notice.
- Goods are priced on Spinsters standard materials and finishes. Any variations or customizations “Exclusive goods” will need to be quoted in accordance to the individual specific requests received.
- Dimensions found on product pages and descriptions either in store or online are approximate only and are taken from the widest points.
- All goods are advertised in good faith and will be available, except in circumstances beyond Our control.
- Spinster reserves the right to cancel any order without limitation. In this event a full refund will be paid.
6. PRODUCT CHARECTERISTICS AND CARE
- Some of Our goods are produced Using natural materials (timber, leather, stone, fabrics etc) the colour/appearance/distinctive marks of these materials can differ from batch to batch. Please be aware of this when purchasing goods to match existing pieces in Your home.
- High gloss, metal and metallic finishes as Well as glass products may show slight imperfections. Although every effort is made to supply perfection it is the inherent nature of these finishes to show Wear quicker than other options.
- When purchasing timber/leather/stone note that these products are from real living materials and may move, change shape, develop surface irregularities and will have natural colour and grain variation as the goods continue to behave as a real living material. As each good’s appearance is shaped by its past – differences in goods will be evident such as climate effects, wildlife activity, fire, wind, age etc on most timber/leather and stone. Please be advised that no two pieces will ever be identical, Your piece will always be one of a kind.
- All product care information supplied by Spinster is the best available at the time and is based on extensive knowledge, however We cannot control any improper housing, storage, Use, care and/or maintenance methods carried out by the consumer after delivery. Subject to Your rights under the ACL, Spinster will not be held responsible for any damage incurred by such product care or Use.
- Proceeding with Your order shows confirmation of Your agreement that Your goods are purchased on this understanding and indemnify Spinster from such responsibility.
- If unsure, please contact Spinster Billiards prior to attempting any cleaning or repairs for further advice.
7. WARRANTIES
- Spinster provides the following supplier warranties against defects with the expressed assumption that no maintenance works, repair works, transportation, relocation or alterations have been carried out by someone other than an authorized and accredited representative of Spinster International after the time of the goods passing to the consumer.
- Structural: all constructed sub-structures, framing and core assemblies – (indoor only) 10 year domestic, 5 years for commercial.
- Mechanical: mechanisms, internal components (coin-operated) including hardware and electronic – (indoor only) 1 year.
- Slate and sub frames: (indoor only) 10 year.
- Cushion rubber: limited to manufacturer defect only (due to environmental and atmospheric variables life span and oxidization of rubber cannot be guaranteed) (“exposure).
- Cloth, leather and fabrics: (natural or man-made) limited to manufacturer defect only.
- Consumables: Grip Tips, Hotspots, 1Q, Cuegoo, Dmark, balls, cues and other associated and supplied accessories are limited to manufacturer defect warranty only.
- Defects and warranty claims that are covered by Spinster’s supplier warranties will be repaired, replaced or refunded at the discretion of Spinster (subject to Your rights under the ACL with respect to major failures) without cost to You for parts or direct repair labor.
8. EXCLUSIONS
- Spinster’s supplier warranties do not cover, and Spinster is not liable for:
- Any fading or other change in coloration or appearance (“exposure”).
- Any damage caused by general day to day Wear and tear (“general Usage”).
- Scratching, marking and blemishes arising from Use (“general Usage”).
- If the goods are Used in a manner outside of their prescribed or ordinary Use (“general Usage”) Including intentional or accidental misuse.
- If the goods have been improperly handled outside of Spinster’s recommendations.
- If the goods have been/attempted to have be fitted, installed, assembled or modified by persons outside of or beyond Spinsters expressed directions or control.
- If goods are in an outdoor environment with any exposure including partial or seasonal exposure to the natural elements (“exposure”)
- All other warranties and liability of Spinster for any loss or damage, direct or consequential, is expressly excluded.
- The rights given by Spinster’s supplier warranties are in addition to any rights and remedies You may have under the ACL and other laws. To claim under a Spinster supplier warranty, You should call Our head office on 03 9782 9384, email to info@spinsterbilliards.com.au or write to “Warranties Officer: PO Box 2008 Seaford Victoria 3198” Subject to Your rights under the ACL, You are responsible for all costs associated with the claim including all freightage and transport costs. You must provide sufficient evidence of proof of purchase to be entitled to claim.
9. COLOUR MATCHING
Colour matching is offered for “Exclusive goods”, however many factors are considered in the reproduction of colours and finishes, these can include, but not limited to:
- Natural material variations (timber, fabric etc See 6. PRODUCT CHARECTERISTICS AND CARE)
- Media variations (i.e. re-producing paper based colours on fabric substrates)
- Sheen variations (i.e. matte sample vs gloss requirements)
- Availability of colours in given finishes (i.e. powder coat colour spectrum vs water base acrylics etc)
- Lighting and varying environmental conditions and locations.
- Electronic representations vs physical appearances. While every effort is made to accommodate individual requests. Exacting expectations cannot be guaranteed.
10. INTELECTUAL PROPERTY
Spinster International Pty Ltd; holds, owns, maintains and develops intellectual property in all categories of intellectual properties on a global stage. These include but not limited to:
- Trademarks (registered, pending and claimed in common law)
- Copyrights (printed, electronic and broadcast)
- Domain licenses
- Process’
- Registered designs (registered, pending and applied)
- Design patents (registered, pending and applied)
- Innovation patents (registered, pending and applied)
- Utility patents (registered, pending and applied)
- Circuit layouts (registered, pending and applied)
You are hereby on notice that the non-authorized use, miss use, re-production, re-issuing or Plagiarism is strictly prohibited of any intellectual property unless clear consent is granted in the form of written notice of release from Spinster International as detailed in; the Patents Act 1990, Trade Marks Act 1995, Designs Act 2003 and international equivalents in all applicable jurisdictions.
The use of third party intellectual property by Spinster;
Spinster offers, produces and supplies “Exclusive goods” that, by their nature, from time to time incorporate intellectual property as requested by You. We will only reproduce brands or logos for the rightful legal owners, entity or representative of the specific mark/logo/design.
By requesting or engaging Us in the manufacture and/or supply of “Exclusive goods” You indemnify Spinster international against any legal ramification and hereby declare that the supplied artwork/design or logo is not in breach of any intellectual property rights and have the authority to be used in the applicable application.
11. DELIVERY & PICK UPS
- Delivery and production times quoted by Spinster International Pty Ltd are approximate only and cannot be deemed responsible for any unforeseeable delays outside of Our control. We will not be liable for any loss, damage or delay occasioned to You or Your customers arising from late or non-delivery of the Goods
- We agree to deliver goods to You (where applicable) on the understanding reasonable access is available. In regards to pool table and other large/bulk items delivery the availability of appropriate access will be discussed and clarified prior to commencement of order. If reasonable access is unavailable and /or not declared at the time of sale or Yourself or someone appointed by You is not present at the agreed delivery time You will be charged for any reasonable costs incurred by Spinster and/or subsequent re-delivery attempts.
- Please be aware due to the inherent nature of billiard tables, access is a critical factor, please discuss and confirm the accessibility with Your representative. Any concerns, even minor should be made clear to ensure a smooth process for everyone on the day of delivery.
- It is Your responsibility to check measurements to ensure Your goods will fit in the intended area/s, as Well as elevators, passage ways, doorways etc. We are not responsible for delays or failures for goods that have not been measured and subsequently do not fit were intended by You.
- Please ensure adequate protection for Your floors and internal surfaces prior to delivery, although We do carry protective covers and make every effort to ensure surfaces are protected Spinster cannot be held responsible for damage to Your floors or internal surfaces caused in any way by the delivery of Your goods. Due to OH&S requirements, delivery personnel must Wear appropriate footwear as part of the required PPE at all times so please take measures to ensure Your floors and internal surfaces are protected.
- We reserve the right to charge a reasonable fee for storage if You do not within 4 Business Days of a request by Us:
- provide delivery instructions for the Goods; or collect Goods that We notify You are available for collection.
- You agree that We may charge for storage from the first day after the expiry of the 4 Business Days referred to in sub clause (a).
12. ACCEPTANCE
- On delivery, please inspect Your goods. Any damages or shortages or goods that are not in accordance with Your order should be immediately reported to the carrier and Us along with any gathered evidence. Failing such notice, subject to any non-excludable condition implied by law, the goods shall be deemed to have been delivered too and accepted by You. Once You have inspected Your goods and have signed their acceptance on the delivery copy as being as described and in good order, You agree that the title of goods along with the care and responsibility has passed to You.
- Any claim after delivery and acceptance of goods will be determined within the warranties scope outlined in this document.
13. LINKS TO OTHER WEB SITES
Our website may contain links to third-party web sites or services that are not owned or controlled by Us.
Spinster has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Spinster shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
14. FORCE MAJEURE
Spinster shall not be liable for any failure of or delay in the performance or obligation of this agreement for the period that such failure or delay is:
- Beyond the reasonable control of Us.
- External affect of the performance of any of Our obligations under this agreement, and
- could not reasonably have been foreseen or provided against; iv. an event or effect that can be neither anticipated nor controlled, including but not limited to: false or miss leading information provided by You or other third parties, intentional or otherwise,
- act of God; the outbreak of hostilities (whether or not accompanied by any formal declaration of war), riot, civil disturbance or acts of terrorism; strike, lock out, industrial dispute (whether affecting Us or Our service providers personally or the industry or sector of which We are a part); fire, explosion, flood, inclement Weather or natural disaster;
- the default of any suppliers under any material contracts to which We are a party; raw material shortage; derailment; breakdown of plant, transport or equipment; or any other cause beyond Our reasonable control;
- We may, in Our absolute discretion give prompt notice of that cause to You. On delivery of that notice We are excused from such performance or observance to the extent of the relevant prevention, restriction or effect.
15. PRIVACY
Spinster Billiards does not sell, share or trade customer’s personal information collected online with third parties.
What We may collect is the following information:
- Name
- Delivery Address
- Telephone Number
- Social media handles
- Mobile Number
- Date of Birth
For the exhaustive list of cookies We collect see the List of cookies We collect section below.
What We do with the information We gather:
The personal information We collect from You will be used in some or all of the following ways:
- To deliver the products You have purchased from Us.
- To update You on the delivery of the product and for customer support purposes.
- To provide You with relevant product information.
- To customize future shopping for You and too improve Our store.
When You register as a user on Our website:
We may also use Your personal information to send You marketing and/or promotional materials from time to time. You can unsubscribe from marketing information at any time by using the unsubscribe function within the electronic marketing material.
Spinster ensures that all information collected will be safely and securely stored. We protect your personal information by:
- Restricting access to personal information
- Maintaining technology products to prevent unauthorised computer access.
- Securely destroying your personal information when it's no longer needed for our record retention purposes.
- We will not share your information with any other organisations other than related companies and those third parties directly related to the delivery of the products you have purchased from Our website.
- In exceptional circumstances Spinster may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes.
- Spinster is committed to complying with the Privacy Act and the National Privacy principles.
If You believe that Your privacy has been breached by Spinster, please contact Us at info@spinsterbilliards.com.au and We will resolve the issue. When You visit Spinster Billiards, Our company servers will automatically record information that Your browser sends whenever You visit a website. This data may include:
- Your computer’s IP address.
- Browser type.
- Webpage you were visiting before you came to our site.
- The pages with in Spinster Billiards you visit.
- The time spent on those pages, items and information searched for on Our site, access times and dates, and other statistics. This information is collected for analysis and evaluation in order to help Us improve Our site and the services and products We provide. This data will not be used in association with any other personal information.
We will not sell, distribute or lease Your personal information to third parties unless We have your permission or are required by law to do so.
You may request details of personal information which we hold about You under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on You please write to info@spinsterbilliards.com.au.
If You believe that any information We are holding on You is incorrect or incomplete, please write to or email Us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
List of cookies we collect:
The table below lists the cookies We collect and what information they store.
