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Terms and Conditions
Terms and ConditionsTerms and Conditions
These terms and conditions govern your use of the Eumundi Name Trains website (www.eumundinametrains.com.au), your relationship with Eumundi Name Trains (Eumundi Name Trains, we or us) and all orders you may make via the Eumundi Name Trains website. Please read these terms and conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these terms and conditions, please do not order from Eumundi Name Trains or use the Eumundi Name Trains website.
(Please note: to use the ordering, account management and some other services provided on the Eumundi Name Trains website, you are required to have an account with us.)
The Eumundi Name Trains website is provided to you free of charge for your personal use, subject to these terms and conditions. By using Eumundi Name Trains's website and services, you agree to be bound by these terms and conditions.
The Eumundi Name Trains website is registered in Queensland and is owned and operated by Eumundi Name Trains, PO Box 1071 TEWANTIN QLD 4565. Contact details are at the end of this document.
These terms and conditions, including without limit paragraph 10 (Eumundi Name Trains's liabilities), do not affect your statutory rights.
1. Registration
1.1. To order from Eumundi Name Trains, you must register with us. This is referred to as "set up an account" throughout our website and literature. Following your account set up, we will send you a confirmation email with your account login and password. You will need to activate this online. This is not a credit account and payment will be required before delivery of goods.
1.2. To register with Eumundi Name Trains you must be over 18 years of age.
1.3. You must ensure personal and payment details are correct and complete.
1.4. You must inform us immediately regarding any changes to your personal details.
1.5. All your personal and payment details are governed by a strict privacy policy.
2. Password and security
2.1. When you register to use the Eumundi Name Trains website, you will be asked to create a password. You must keep this password confidential. You will be responsible for all activities and orders that occur, or are submitted, under your password. If you know or suspect that someone else knows your password, you should notify us immediately.
2.2. If Eumundi Name Trains has reason to believe there has been, or is likely to be, a security breach or misuse of the Eumundi Name Trains website, we may require you to change your password or we may suspend your account.
2.3. The auto login facility is provided for your convenience. If you enable auto login, you remain liable for all activities and orders which are submitted from your account (save as stated in paragraph 7.1 below). You should only enable auto login if you are sure that it will not be misused by anybody else. We do not advise enabling auto login if you use a shared computer.
3. Payment
3.1. You must provide Eumundi Name Trains with valid credit or debit card details bearing either the MasterCard or Visa symbol. You must immediately notify us of any changes to these details.
3.2. Your card will be automatically charged for goods as you order them. We will use your payment and registration details to send you information about our products and services.
4. Product purchases
4.1. You may submit online orders at any time after you have created an account. The online ordering facility and any communications with you will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us. By submitting the order, you confirm that you have made any such corrections.
4.2. Your order submission equates to a contract to buy products from us as you have specified. You cannot then withdraw or cancel your order except as stated below.
4.3. When we accept an order, we will do all that we can to fulfil your order. Products are, however, subject to availability and the availability of materials. We are unable to guarantee a product is, or will be, available at the time of accepting an order. If we are unable to deliver an item you have ordered, we will inform you of this and we will remove it from your order so that you are not charged. If you have already paid for the items, we will refund you the price. We will, however, bear no liability for product unavailability.
4.4. All products we offer are subject to price changes. Eumundi Name Trains will endeavour to warn you of any changes to the price or availability of items in our range. We reserve the right to change our prices and products without notice. Current prices will always be shown in the catalogue section of our website and can be obtained by contacting our office admin@eumundinametrains.com.au
4.5. Ordering a product from us carries the obligation to pay for it, unless we receive from you an order cancellation or change within 24 hours. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, within 24 hours. We reserve the right to deliver and charge in full for any order, unless we have received notice of cancellation or change within 24 hours.
4.6. Regardless of the above provision, you are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If a fraudulent payment has been made with your payment card, you should approach your card issuer for assistance.
5. Delivery times
5.1. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions to enable delivery. In the event that your delivery is stolen from your doorstep or damaged there, we do not accept liability and will offer compensation only at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.
5.2. We endeavour to deliver your product within 14 days of receiving your order. We reserve the right to make changes to the delivery schedule and will tell you if we do so.
5.3. If we are unable to deliver to you or have to deliver late for reasons beyond our control, for example: products or materials being out of stock, we cannot accept liability for any inconvenience or loss this may cause.
6. Excluded services
6.1. It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the Eumundi Name Trains website.
7. Intellectual property
7.1. All content and programming of the Eumundi Name Trains website is the property of Eumundi Name Trains. You may retrieve and display the content of the Eumundi Name Trains website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use. You may not reproduce, modify, copy or distribute any Eumundi Name Trains website materials or content for commercial purposes without written permission from Eumundi Name Trains.
7.2. No licence is granted to you in these terms and conditions to use any artwork of Eumundi Name Trains. Eumundi Name Trains is the sole owner of the copyright for the entire range of Eumundi Name Trains products, including all designs and concepts within our website. All rights reserved. As the copyright owner, Eumundi Name Trains does not permit, under any circumstances, the use of any artwork or concepts on www.eumundinametrains.com.au, www.knotsandwheels.com.au, www.nametrain.com.au , www.nametrains.com.au to be used without first seeking permission from Eumundi Name Trains. Please note that criminal penalties apply under the Copyright Act for infringements of copyright.
8. Availability of the website
8.1. Although Eumundi Name Trains aims to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a service fault occurs, please report it to us and we will correct the fault as soon as we reasonably can.
8.2. Your Eumundi Name Trains website access may occasionally be restricted for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadline of 24 hours still apply.
9. Eumundi Name Trains's right to cancellation
9.1. Eumundi Name Trains may suspend or cancel any accepted order, or your registration, immediately at our reasonable discretion if you breach any of your obligations under these terms and conditions.
9.2. You can cancel your registration with us at any time by informing us in writing. If you do so, you will not be able to use Eumundi Name Trains's services, including the website. You will need to re-register to activate a new account to use Eumundi Name Trains's services again.
9.3. The suspension or cancellation of your registration shall not affect either party's rights or liabilities accrued to the date of termination. You will continue to be bound by any orders, submitted by you, before we received notice of your cancellation.
10. Eumundi Name Trains's liabilities
10.1. The Eumundi Name Trains website is provided by Eumundi Name Trains "as is", without any warranties or guarantees, save those set out in these terms and conditions.
10.2. Eumundi Name Trains will try to ensure that Eumundi Name Trains website material is correct, reputable and of high quality. However, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights, Eumundi Name Trains will not be responsible for any errors or omissions, or for any technical problems you may experience with the Eumundi Name Trains website. When Eumundi Name Trains is informed of any website material inaccuracies, we will attempt to correct them as soon as we reasonably can.
10.3. We disclaim all liabilities in connection with the following:
(a) Eumundi Name Trains website technical problems including errors or interruptions, but we will use reasonable endeavours to correct or avoid them.
(b) Eumundi Name Trains website incompatibility with your equipment, software or telecommunications links.
(c) Eumundi Name Trains website unsuitability, unreliability or inaccuracy, but we will take reasonable care to ensure information suitability, reliability and accuracy.
(d) Eumundi Name Trains's website's inability to meet your requirements.
10.4. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for:
(a) any consequential, incidental, or indirect damages;
(b) loss of revenue, profits, anticipated savings, business or wasted expenditure (whether direct, consequential, incidental or indirect); or
(c) any other loss or damages whatsoever that arise out of or are related to the Eumundi Name Trains website.
10.5. We shall collect, process, store and transfer your personal data in compliance with the relevant Australian data protection legislation and regulation. We shall have no liability to you for loss or damage to data, except strictly as required by that legislation and regulation.
10.6. Nothing in this section seeks to limit or exclude Eumundi Name Trains's liability in respect to products sold through its website.
10.7. Nothing in these terms and conditions shall limit or exclude Eumundi Name Trains's liability for personal injury or death caused by its negligence.
11. Third party websites
11.1 As a convenience to Eumundi Name Trains customers, the Eumundi Name Trains website may include links to other websites or material which are beyond its control. Eumundi Name Trains is not responsible for content on any website outside the Eumundi Name Trains website, even if it is reached via the Eumundi Name Trains website.
12. International use
12.1. Eumundi Name Trains makes no promise that materials on the Eumundi Name Trains website are appropriate or available for use in locations outside Australia, and accessing the Eumundi Name Trains website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this website from locations outside Australia, you do so on your own initiative and are responsible for compliance with local laws.
13. Applicable law
13.1. These terms and conditions shall be governed by and construed in accordance with the laws of Australia.
13.2. The Australian courts will have non-exclusive jurisdiction over any disputes arising from, or in relation to, these terms and conditions.
14. Miscellaneous
14.1. You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
14.2. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
14.3. We shall not be liable for any delay in or failure to perform any of our obligations if the delay or failure is caused by circumstances beyond our reasonable control including, without limit, supplier difficulties or failures.
14.4. A person who is not a party to these terms and conditions shall have no right under any relevant contract Acts to enforce any term of these terms and conditions. This shall not affect any right or remedy of a third party which exists or is available apart from those relevant Acts.
15. Amendments
15.1 We may update these terms and conditions from time to time and you will be notified of any changes via the email address you provided on registration or via a suitable Eumundi Name Trains website announcement. The changes will apply to the use of the Eumundi Name Trains website after we have given notice. If you do not wish to accept the new terms and conditions, you should not continue to order from Eumundi Name Trains or use the Eumundi Name Trains website. If you continue to use the Eumundi Name Trains website after the date on which the change comes into effect, your use of the Eumundi Name Trains website indicates your agreement to be bound by the new terms and conditions.
16. Ownership
The Eumundi Name Trains website is registered in Queensland and is owned and operated by Luke and Kate Bordessa Trading As Eumundi Name Trains.
Eumundi Name Trains, PO BOX 1071, Tewantin, QLD 4565 Australia.
+61 7 5447 6574