- TERMS OF SERVICE
- EXCHANGE POLICY
1. "Personal Information" Definition
"Personal Information" is information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained. Personal Information collected may include (but is not limited to) the following:
(a) name, postal, billing, email and social media (e.g. Twitter and Facebook) addresses ;
(b) contact details including telephone numbers (landline, mobile and fax); and
(c) payment details.
2. Collection of Personal Information
2.1 We collect your Personal Information to manage our ongoing relationship with you and perform functions and activities relating to our business as further described in clause 4.
2.2 We may collect Personal Information such as your name, email contact details, billing and delivery addresses, and payment details when you:
(a) create an account on our Website;
(b) access and use our Website (see clause 3);
(c) request information about us, our services or a product;
(d) request technical support or warranty assistance;
(e) provide feedback or make new product requests;
(f) subscribe to our general newsletter;
(g) fill in a form on our Website;
(h) contact us by telephone, email, through social media such as Facebook, post or in person; or
(i) submit a resume (whether unsolicited or not) when you apply for an employee position with us.
3. Information collected via our Website
3.1 We will not collect any Personal Information about users of our Website except when they knowingly provide it or as otherwise described below.
3.2 When you visit and browse our Website, our Website host may collect information for statistical, reporting and maintenance purposes.
3.3 Subject to clause 6.4, the information collected by our Website host will not be used to identify you. The information may include:
(a) the number of users visiting our Website and the number of pages viewed;
(b) the date, time and duration of a visit;
(c) the IP address of your computer; or
(d) the path taken through our Website.
3.4 Our Website host uses this information to administer and improve the performance of our Website.
3.5 Cookies are small text files that are transferred to a user's computer hard drive by a website for the purpose of storing information about a user's identity, browser type or website visiting patterns. Cookies may be either "persistent" or "session" cookies. A persistent cookie will be stored on the user's computer and will remain valid until its set expiry date, unless deleted by the user before then. A session cookie, on the other hand, will expire at the end of the user session, when the internet browser is closed.
3.6 If you access our Website, a cookie is downloaded onto your computer's hard drive when you first log on to our Website. Our Website uses session cookies.
3.7 You can adjust your internet browser to disable cookies, or you can delete cookies already stored on your computer, however we may not be able to provide you with all the service or functionality you require on our Website if you choose to do so.
4. Usage of Personal Information
4.1 We use the Personal Information we collect about you for our business functions and activities, which may include the following:
(a) to communicate with you and provide you with information, products or services you have requested;
(b) to manage and administer your account including in relation to all purchases, product tracking, deliveries, returns, exchanges and warranty claims;
(c) to promote and market our services and the products sold on our Website to you;
(d) to personalize and customize your experiences on our Website;
(e) to help us research the needs of our customers, and to gain a better understanding of your needs and the needs of customers generally;
(f) to conduct research for the purposes of improving our services, creating new services or updating the product lines on our Website;
(g) if you have chosen to subscribe to our electronic general newsletter, to allow us to provide advertising material to you regarding us, our clients, and other business partners; and
(h) if you submit a resume when you apply for an employee position with us but are unsuccessful, to retain your resume on file for a period of 2 months for later consideration if another position becomes available.
4.2 We may collect and use your Personal Information for other purposes not listed above. If we do so, we will make it known to you at the time we collect or use your Personal Information .
5. Personal Information Disclosure
5.1 In order to carry out the above purposes, we may disclose your Personal Information to third parties that provide products and services to or through PCCG (including third party couriers), our suppliers, distributors, vendors, financial institutions, our professional advisors, and other parties to whom we are authorised or required by law to disclose information.
5.2 We may also disclose your Personal Information to our Website host or software application providers in certain limited circumstances, for example when our Website experiences a technical problem or to ensure that it operates in an effective and secure manner.
5.3 The nature of the Internet means that some of your Personal Information may be transferred, stored, processed or used overseas by us or by third party service providers. This may happen if we outsource certain activities overseas or if transactions, information, services or products have an overseas connection. You consent to the collection, use, storage, and processing of your Personal Information outside of Australia.
6.1 You may choose to subscribe to our electronic general newsletter, which contains store news and information about new products, special offers and other promotional announcements, using the "Newsletter Preferences" functionality in your account or using the newsletter "Subscribe" functionality on our Website home page. We will email the general newsletter to your email address.
6.2 If you have chosen to subscribe to our electronic general newsletter, we may use your Personal Information to provide you with marketing material about us, our services, or products that we think may be of interest to you. We do not disclose any personally identifiable information of our users to advertisers.
6.3 You may opt-out of receiving our electronic general newsletter and marketing information from us at any time by:
(a) clicking on the "Unsubscribe" link included in any general newsletter you receive from us;
(b) using the "Newsletter Preferences" functionality in your account; or
(c) contacting our Privacy Officer in any of the ways specified in clause 10.
7. Access of Personal Information
7.1 You are entitled to access Personal Information that we hold about you. If you request access to your Personal Information, we will grant your request unless providing you with access would unreasonably impact upon the privacy of others or is not otherwise permitted under the Australian National Privacy Principles. If we refuse your request to access your Personal Information, we will provide you with reasons for the refusal.
7.2 A request for access can be made by contacting our Privacy Officer specified in clause 10.
8. Updating, storage and security of Personal Information
8.1 We aim to keep your Personal Information secure and up to date. Any Personal Information that is collected via our Website or which is held on our computer systems is protected by safeguards including physical, technical (eg firewalls, SSL encryptions etc) and procedural methods.
8.3 You can update your contact and Personal Information at any time on the Website through the "Account Information" functionality in your account. If we find that we have no further need for your Personal Information we may remove it from our systems and destroy all record of it. We welcome notification from you of any changes to your details so as to keep our records up to date.
8.4 In relation to resumes (whether unsolicited or not) we have on file, we will destroy them when the retention period of 2 months expires.
9. International Use and your Personal Information
We make no representation or warranty that your Personal Information will be collected, held and used by us other than in accordance with Australian National Privacy Principles set out in the Privacy Act 1988 (Cth). If you choose to access the Website from locations outside of Australia, you do so at your own risk and such access will be subject to the laws of Australia.
(a) The Site and their content are subject to copyright, and other intellectual property rights. These rights are owned by Shin Kou Sabre, or in the case of some material, a third party.
(b) You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on a Site, including audio and video excerpts, except as permitted by statute or with our prior consent.
(c) Our Site include registered trade marks, and other marks that are otherwise protected by law. You may not use our trade marks without our consent.
(d) The Site may contain links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. You access those sites and use the information, products and services made available at those sites at your own risk.
(e) For Media enquiries, please contact Shin Kou Sabre via: our contact page
3. Use of the Site
3.2 You must not:
(a) use the Site (including any of Shin Kou Sabre's social media sites) for any activities, or post or transmit to or via the Site any information or materials, which:
(i) breaches any laws or regulations, infringes a third party's rights or privacy, or which are contrary to any applicable standards or codes
(ii) interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Site
(iii) is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;
(b) use the Site to send unsolicited commercial or bulk electronic messages;
(c) make any fraudulent or speculative enquiries, reservations or requests using the Site;
(d) provide false information when registering or changing your registration details;
(e) tamper with, hinder the operation of or make unauthorised modifications to the Site
(f) knowingly transmit any virus or other disabling feature to or via the Site; or
(g) attempt any of the above acts or permit another person to do any of the above acts.
4. Social Media
(a) Shin Kou Sabre uses a number of social media sites (eg Twitter, YouTube, Facebook, Instagram and Pinterest); but these may change over time. We reserve the right to cease any such sites in our discretion. Our own Sites may also include social media functions, including user reviews, ratings, forums, and the ability to interact with other users.
(c) Shin Kou Sabre does not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any users or members on the Site or Shin Kou Sabre's social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent our views.
(d) Users must not post or upload any comment, content or link to the Site or Shin Kou Sabre's social media sites which does not comply with these Terms, including if it is defamatory, harassing, bullying, indecent or inflammatory.
(e) Shin Kou Sabre may moderate user-posted content and may remove any content that, in Shin Kou Sabre's opinion, is inappropriate. While we review content regularly, there may be times when inappropriate or content is viewable before it can be removed.
(f) Shin Kou Sabre does not undertake to inform users when such content has been moderated or removed. Shin Kou Sabre may provide warnings, or otherwise block or suspend users or their accounts in our sole discretion.
(g) Where you post or submit content to a Site, you warrant that you:
(ii) have the right to submit the content (including copyright); the content is your own original creation; and that you unconditionally and irrevocably consent to any act or omission which might infringe any moral rights you may have in the content (as defined in the Copyright Act 1968 (Cth));
(h) Shin Kou Sabre may copy, reproduce, publish, display, alter, or distort user submitted content, and use it for any purpose, (including without limitation, any future promotions or campaigns involving Shin Kou Sabre) at any time in the future, and via any media;
(i) Shin Kou Sabre does not accept any responsibility or liability where content is downloaded from the Site, nor in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and Shin Kou Sabre does not accept any liability for such actions; and
(a) Shin Kou Sabre makes no representations or warranties of any kind, express or implied as to the operation of our Site or the information, content, materials or products included on our Site, except as otherwise provided under applicable laws.
(b) Neither Shin Kou Sabre, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages arising out of, or in relation to, the use of our Site or sites linked to our Site. This limitation applies to direct, indirect, consequential, special, punitive or other damages suffers, as well as damages for loss of profits, business interruption or the loss of data or information.
(c) You assume all risk of use of all features of a Site. You release Shin Kou Sabre of all responsibility for any consequences of their use.
(d) By continuing to access our Site you agree that your access to, and use of, them is subject to these terms and all applicable laws, and is at your own risk.
(e) Our Site and their contents are provided to you on "as is" basis; our Site may contain errors and inaccuracies and may not be complete or current. We cannot guarantee our Site will always be available or fault- or virus- free.
7. Updates and Termination
(a) Shin Kou Sabre may vary these Terms at any time. By continuing to use the Sites you consent to any variations. It is your responsibility to regularly check these Terms for any variations.
(b) At any time, we may, in our sole discretion, suspend or terminate the access to the Site for any user without notice for any reason, including but not limited to a breach of these Terms. Suspension or termination shall not affect either party’s rights or liabilities.
(c) Shin Kou Sabre may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Site breaches these Terms, or any applicable laws.
(d) Shin Kou Sabre may identify or bring legal action against any person who is or may be breaching these Terms, including obtaining injunctive relief.
8. Governing Law
(a) These Terms and the Site are governed by and construed in accordance with the State of Victoria, Australia. If a dispute arises from these Terms, you agree to submit to the nonexclusive jurisdiction of the courts of Victoria, Australia, except in relation to application for any injunctive relief sought by Shin Kou Sabre.
(b) The Site may be accessed in Australia and overseas. We make no representations that the Sites comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Sites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
Shin Kou Sabre: Terms of Service
1. Delivery Conditions
Free Standard Delivery applied on orders with a total purchase price of $100 and over (except for Goods that require Special Delivery). Standard delivery fee of $25 applies to all orders with a total purchase price of under $100.
The average delivery times for Standard delivery are:
4-7 Business days for Australian wide including most country areas
7-10 Business days for WA country, far North QLD and most of NT, outside Alice Springs and Darwin.
This free delivery offer is subject to change at any time. However, all Orders processed during a free delivery offer period will be processed in accordance with the offer.
This agreement is a contract between the customer (you) and Shin Kou Sabre ABN 45 006 027 474, Dobbins Road Jeeralang Junction Victoria 3840 (Shin Kou Sabre). These terms apply to the ordering, purchase and delivery of Goods from shinkousabre.net and form a contract between you and Shin Kou Sabre (Terms) as amended from time to time.
These Terms contain important information about the ordering, processing and delivery of Goods, including limitations of liability.
Other important terms may also apply to your Order, such as the Shin Kou Sabre Exchange of Goods Policy, or specific terms for certain Goods as identified in the product description field on the Website.
If you have any questions, please contact us via this form and we will be happy to assist you.
The following definitions apply to these Terms.
Large Goods are heavy and bulky goods where extra handling and additional resources are required for delivery (i.e. a two man truck). Additional Delivery Fees and requirements may apply. To check whether Goods you are ordering are affected, look for the 'Large Goods' symbol when placing your Order.
Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on your Order.
Delivery Fee means the fee charged by the Delivery Agent for the delivery of Goods under clause 10.
Exchange Policy means the Shin Kou Sabre Exchange Policy found on the Website. View the Shin Kou Sabre Exchange Policy here.
Goods means the items offered for sale described or displayed on the Website.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from Shin Kou Sabre under these Terms.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website (including GST).
Restricted Goods means Goods subject to restrictions in particular jurisdictions, including Goods which may not be sold to minors (such as material classified for adult audiences).
Special Delivery means delivery of Goods that cannot be delivered by Standard Delivery such as Large items, for example large framed photographs.
Website means the sites available from http://www.shinkousabre.net/.
Website Terms means the terms governing your use of the Website, in addition to these Terms.
We, Us, Our and Shin Kou Sabre means Shin Kou Sabre (ABN 45 006 027 474).
You and Your means you as the purchaser of Goods from Shin Kou Sabre pursuant to these Terms.
4. Compliance with Terms and Conditions
4.1 You will be bound by these Terms when you submit an Order via the Website. Each Order you place will be a separate contract between you and Myer Online for the supply of Goods, under these Terms.
5.1 An Order submitted by you is an offer by you to purchase Goods for the Price (plus any Delivery Fee) as specified at the time you submit your Order.
5.2 You acknowledge that all Orders are for Goods intended for personal and non-commercial use only, quantity restrictions of 5 units per item of iPads and lego products and 10 units per item of gift cards including iTunes cards currently apply to all customers for the duration of the offer.
Additional quantity restrictions may apply from time to time, and these will be stated on the relevant product page.
For example, there is generally a restriction on print editions: only 5 art print products may be purchased in one transaction or under one promotion.
Generally, you may only purchase a maximum of 5 art photo books of the same kind (eg 5 Shin Kou Sabre art photo books and/or movies) at a time. You acknowledge that Orders for Shin Kou Sabre products are not for re-sale, for commercial use, or for use by governments or educational institutions.
5.3 In completing the Order form, you agree to provide complete and accurate personal details (or those of the recipient of gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to deliver your Order.
5.4 Shin Kou Sabre will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in an Order by you.
5.5 You also agree to obtain consent to provide Shin Kou Sabre with personal details of recipients of gifts Ordered by you.
5.6 You may Order from Shin Kou Sabre if you are aged 18 years or over, have an active email account and a telephone number at which you can be contacted.
5.7 Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made (unless by agreement with Shin Kou Sabre or otherwise under these Terms). However, you can return Goods under the Exchange Policy. You should check your Order carefully before submitting your Order. For terms on cancellations or returns see clause 13.
5.8 Where you place consecutive or separate Orders, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order - see clause 10. Subject to clause 5.2, you can order as many Goods as you wish in one Order up to the total Order value of $10,000 (including GST).
5.9 You will be provided with an Order number when you submit your Order. The Order number is required when contacting us about your Order.
6. Acceptance of Orders
6.1 Shin Kou Sabre reserves the right to accept or reject your Order for any reason at any time.
6.2 When we accept an Order, it constitutes an agreement by Shin Kou Sabre to supply the Goods under these Terms.
6.3 If we reject an Order, we will notify you of the reason for rejection via email within 5 Business Days.
6.4 Shin Kou Sabre will not be liable to you for your loss or that of any third party for the rejection of an Order.
6.5 If we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order under clause 9.
6.6 If we cannot contact you about your Order using the contact details you provide in the Order, after having made reasonable attempts to contact you, we will reject the Order under clause 6.1 and notify you of that rejection via phone or email within 5 Business Days.
7. Availability of Goods
7.1. From time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this happens, Shin Kou Sabre will use reasonable endeavours to either:
(a) source the Goods; or
(b) contact you within 5 Business Days to either:
(i) arrange a full or partial refund; or
(ii) change your Order to replace the Good with a comparable product in a similar price range (where available) as agreed with you; or
(iii) come to an alternative arrangement.
Where a comparable product or alternative arrangement cannot be agreed, we will refund you the Price paid for the Goods under clause 9.
7.2. We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. Shin Kou Sabre will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.
7.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us under clause 9.
7.4. Shin Kou Sabre reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, under clause 9, and Shin Kou Sabre will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Exchange Policy.
7.5 You acknowledge and agree that:
(a) all pictures and images of Goods displayed on the Website are for illustrative purposes only, and the sizes and dimensions of Goods may differ in real life, and any accessory featured with the Goods is for illustrative purposes only, and may be sold separately;
(b) you have read any written description of the Goods on the Website before submitting your Order;
(c) the colour of Goods as shown on the Website may vary slightly in real life; and
(d) where we provide dimensions and measurements in the descriptions of a Good , it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good);
8. Price and Payment
8.1 The Price in respect of a Good is specified on the Website.
8.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms also include GST where applicable.
8.3 Shin Kou Sabre reserves the right to change or alter Prices of Goods on the Website without notice to you. If you have already submitted an Order at a particular Price, there will be no change or alteration to that Price (provided your Order is not affected by a pricing error, in which case the procedure in clause 7.4 will apply).
8.4 For each Order, we will charge you and you agree to pay:
(a) the Price (which is the Price at the time the Order is submitted); and
(b) the Delivery Fee.
8.5 You can pay for your Goods by any of the methods specified on the Order form on the Website, including credit card or Pay Pal. When paying by credit card, you authorise Shin Kou Sabre to place a hold up to the value of your Order on your card. Payment is only debited from your card at the time your Order is ready or a Delivery Agent used by Shin Kou Sabre. The name on the credit card used for the payment must match the name on the Order.
8.6 Lay by is not available for purchases made on the Website. However for some Large Goods a deposit may be required with full payment taken when your Order is ready for delivery.
8.7 Any payment for an Order must be cleared by Shin Kou Sabre before Goods are dispatched. If your payment cannot be processed, your Order will be rejected under clause 6 and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer first to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
8.8 In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
8.9 You will receive an Order confirmation by email once payment has been processed.
8.10 Where an Order is split under clause 10.12, you may see two separate transactions on your payment statement. You may also be charged additional Delivery Fees under clause 10.12.
9. Exchange of Goods
9.1 If Shin Kou Sabre processes a refund under these Terms, it will use reasonable endeavours to process the refund within 5 Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Shin Kou Sabre is not liable for any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
9.2 It is a condition of Visa, MasterCard, Maestro and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Shin Kou Sabre is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you used for your Order.
10.1 Shin Kou Sabre uses Delivery Agents to deliver your Goods. You agree that your details, including your Delivery Address, will be supplied to the Delivery Agent for the purpose of delivering your Goods.
10.2 We are only able to deliver to PO Box addresses within Australia.
10.3 Subject to clauses 10.4 and 10.5, delivery is available within Australia in our pre-defined delivery areas for all Goods. For information about the pre-defined delivery areas, please see the postcodes that Shin Kou Sabre delivers to here.
10.4 For Large Goods, delivery may be limited to metropolitan regions within Brisbane, Melbourne, Perth and Sydney, unless otherwise agreed between Shin Kou Sabre and you and confirmed in writing. Check the current list of postcodes that Shin Kou Sabre delivers to here.
10.5 Where the Delivery Address is outside of metropolitan regions, we encourage you to contact Shin Kou Sabre via this form to confirm delivery availability and to provide you with a delivery quote before you submit your Order. If an Order is submitted, but the Delivery Address is not within metropolitan regions, we will contact you to provide you with delivery availability and a quote for delivery. Where you reject the delivery quote, we will refund any money paid to us under clause 9.
10.6 The Delivery Fees for Shin Kou Sabre Orders are:
Standard Delivery Fee: $25 per Orders with a total purchase price under $100, FREE delivery for Orders with a total purchase price $100 and over (except for Goods that require Special Delivery); Special Delivery Fee for certain Goods:
$65 for each Large Good delivered within metropolitan regions under clause 10.4. Delivery Fees outside of metropolitan regions may vary.
10.7 Where you purchase multiple Goods that attract both a Standard Delivery Fee and a Special Delivery Fee (as defined above), you will be required to pay both Delivery Fees, and you authorise Shin Kou Sabre to make such deductions from your nominated method of payment. For example, if you purchase an art photo book and a large framed photograph, the total Delivery Fee payable will be $90 ($25 for the art photo book and $65 for the large framed photograph).
10.8 We will notify you of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order, and we will refund any payment made under clause 9.
10.9 Where the Website provides for 'Free Standard Delivery', the fee listed under clause 10.6(a) will not apply to Orders placed during the period of the 'Free Standard Delivery' offer. 'Free Standard Delivery' does not apply to Goods that have a Special Delivery Fee (as indicated on the Website), or for change of mind and replaced Goods under the Exchange Policy. Where no end date to the 'Free Standard Delivery' period is specified on the Website, we may change the offer at any time. However, all Orders processed during a Free Standard Delivery offer period will be processed in accordance with the offer.
10.10 Subject to clause 10.9. Shin Kou Sabre aims to achieve the delivery time frames set out below.
(a) all Standard Fee and Special Delivery Fee Goods (excluding Large Goods):
(i) Australia wide (including capital cities and suburbs, and most regional areas): 4-7 Business Days; and
(ii) Regional Western Australia, Queensland and Northern Territory: 7-10 Business Days;
(b) Standard Fee special edition books (as noted on the Website): 10-15 Business Days; and
(c) Large Goods - 7-14 Business Days, on a date agreed by you and Shin Kou Sabre.
Selected Large items may be collected at a nominated date within one month of date of your Order.
Selected Large items may be classified as special order from suppliers and may take longer to be ready for delivery. This will be noted on the Website.
We cannot guarantee that Orders that are split under clause 10.12 will be delivered on the same day.
10.11 Notwithstanding the delivery times in clause 10.10:
(a) Shin Kou Sabre cannot guarantee that delivery will occur in the delivery time frames; and
(b) Shin Kou Sabre is not liable for any Loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
10.12 During major events Orders may experience delivery delays. Shin Kou Sabre will provide notification on the Website of such delays.
General terms for delivery
10.13 Delivery of Goods will take place at the Delivery Address specified by you in the Order. If available on products in your cart, you may split your delivery and deliver selected parts of your order to different addresses. You may choose this option in the Order process. Separate Delivery Fees will be charged for each address to which Goods are delivered.
10.14 If you are not personally available to accept delivery, you may appoint a representative to accept delivery in your place. Subject to clause 10.15, the representative must be over 18 years of age and capable of receiving delivery on your behalf. You agree that we will be entitled to rely on your representative's instructions as if they were your own.
10.15 On delivery, the Delivery Agent may require you or your representative to provide them with proof of identity, such as photo ID or proof of age (for delivery of Restricted Goods). Shin Kou Sabre may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identity or age.
10.16 To ensure delivery can take place, you agree to give us as much detail as possible about particular features of the Delivery Address in advance by contacting us after placing your Order. This includes, without limitation:
(a) restricted access or parking for our truck;
(b) restricted or limited access to the premises; or
(c) for Large Goods, if you have narrow doors, spiral staircase or tight corners.
10.17 If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery or for any other reason delivery cannot take place, a calling card will be left for you to collect the Goods (except Big and Bulky Goods) from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.
10.18 You or your representative may be required to sign a delivery form to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where re-delivery is required because of refusal to accept delivery, you may be required to pay additional Delivery Fees.
10.19 Where you do not collect your Goods (excluding Large Goods) from the Australia Post office within 10 days of a failed delivery, you must contact us via this form for further information about claiming your Order. If Goods are required to be redelivered, you may be required to pay additional Delivery Fees.
10.20 Once delivered, you must inspect and test the Goods and ensure the Goods delivered match your Order. You must let us know about any damaged, missing and incorrect Goods as soon as possible by emailing us via this form. You can otherwise return Goods under clause 14. Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge. Any returns due to you changing your mind about your purchase will attract another Delivery Fee.
10.21 By contacting Shin Kou Sabre via email, Orders that have not yet been dispatched may be able to be modified.
10.22 Express delivery are not available.
10.23 For Large Goods, you must ensure you will be available to accept delivery at the Delivery Address on the delivery date as agreed between you and Shin Kou Sabre's Delivery Agent. If you are not available and re-delivery is required, a calling card will be left for you to arrange re-delivery. Where re-delivery is required because you were not available at the agreed time, you consent to paying additional Delivery Fees as required by the Delivery Agent.
10.24 Some Large Goods may require installation. The Delivery Agents are not required to unpack, assemble or construct Goods as part of the delivery service. Installation of the Goods is your responsibility and at your expense.
10.25 If you are not personally available to collect the goods, you may appoint a representative. The name of the representative must be included on your Order form. The representative must supply a copy of your Order confirmation email (printed or on their smart phone or mobile device) and photo identification at the time of collection. The representative must be over 18 years of age, and you agree that Shin Kou Sabre will be entitled to rely on the representative's instructions as if they were your own.
11. Restricted Goods
11.1 You agree that in ordering Goods that are or contain Restricted Goods, that:
(a)you are aged 18 years or over;
(b) you acknowledge that it is against the Law to sell or supply the Restricted Goods to, or obtain the Restricted Goods on behalf of, a person under the age of 18 years; and
(c) you warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years.
11.2 Where Shin Kou Sabre has reasonable grounds for believing you have breached clause 11.1, Shin Kou Sabre may reject your Order under clause 6.1. We will refund any money paid to us in respect of your Order under clause 9.
12. Risk and Title
12.1 Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
13. Order cancellations and Returns
13.1 Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address. You should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods under the Exchange Policy.
Delivery Fees will not be refunded if you return Goods for change of mind or incorrect size.
13.2 Goods can only be returned under these Terms (in particular, this clause 13) and under the Exchange Policy. The Exchange Policy forms a part of these Terms.
13.3 The following terms apply in addition to the Exchange Policy for purchases from Shin Kou Sabre:
Large Goods cannot be returned or exchanged once the item has been delivered, unless required by Law. Please contact us via this form if the product is faulty so that a return can be arranged. Large Goods cannot be returned at Shin Kou Sabre's premises until confirmation has been obtained from Shin Kou Sabre.
13.4 If you would like to make a return under the Exchange Policy and you are based from overseas, please contact us via this form to organize an alternative arrangement.
15. Warranties you make to Shin Kou Sabre
15.1 You represent and warrant to Shin Kou Sabre that Shin Kou Sabre will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
15.2 Subject to any rights you have under any consumer protection law, Shin Kou Sabre excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms. You are entitled to certain rights under consumer protection law that cannot be excluded.
15.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
16.1 Shin Kou Sabre reserves the right to, at its discretion, terminate the agreement for the supply of Goods to you and your use of the Website:
(a)for convenience, at any time, upon provision of notice to you;
if Shin Kou Sabre reasonably believes that you have breached these Terms and:
(i) that breach is not capable of remedy; or
(ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
17.1 Shin Kou Sabre reserves the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time of Order are those that govern your relationship with Shin Kou Sabre with respect to that Order.
17.2 Shin Kou Sabre may give notice to you by electronic mail. You may give notice to Shin Kou Sabre by electronic mail to our email address via this form.
17.3 Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
17.4 A failure or delay by Shin Kou Sabre to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Shin Kou Sabre does not preclude its future exercise or the exercise of any power or right.
17.5 A reference to a clause is a reference to a clause of these Terms.
17.6 The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Jeeralang Junction, Victoria.
Shin Kou Sabre: Exchange Policy
1. Exchange of Goods
1.1 In addition to your legal rights, we operate an exchange policy for our customers in respect of items delivered (other than Personalised Goods), subject to the following conditions:
Within 30 days following the date of delivery, you may choose to:
(a) Return the items in question, in their original packaging, complete with any related accessories or instruction booklets, labels, protective covers and boxes, together with the original invoice and the Return Voucher. It is your responsibility to obtain proof that the goods have been returned, by returning the items by registered post or by such other means which gives proof of date of postage and delivery. The cost of returning the goods shall be borne by you. No new delivery can take place until we have received the returned goods from you.
(b) No exchange will be offered for Goods that are returned by the Customer incomplete, damaged or soiled. You must take reasonable care of the Goods if you wish to return them exercising your consumer rights under this section.
(c) In the event that Goods are exchanged, the initial sale will be cancelled. The new transaction payment will be set off against the amount of the preceding sale. Any credit balance will be either re-credited directly to your bank account or a credit card or a credit note will be issued to you. Any additional payment will be debited directly from your credit card.
(d) In the event that Goods are exchanged by post, the new sale will be subject to these Conditions.
2. Returns by Mail
Simply contact our Customer Service team who will give you further instructions on how to go about your return. The process is fairly straight forward:
Shin Kou Sabre will give you return instructions including where to send your items.
When we receive your items, they're inspected and then your exchange/refund is processed.
If there are any issues with your return (like they don't meet the criteria above), we'll be in touch.
We aim to have all mail returns processed within 7 days.
3. Faulty or Damaged Items
If your item is faulty, damaged, or incorrect (not what you ordered), please contact Shin Kou Sabre via this form.