Terms of Use

Last Modified: February 15th, 2023

  1. General

These Terms and Conditions of Sale (these “Terms”) govern the sale and delivery of all products (the “Products”) ordered via the website www.sidiz.au or other online services of sidiz.au (the “Company” or “we”), and all transactions incidental thereto, by or on behalf of the Company to any of the Company’s customers (each, a or the “Customer” and together the “Customers”).

No other terms or conditions shall be of any effect unless otherwise specifically agreed upon by the Company in a writing duly executed by the Company. Any additional or different terms or conditions contained in Customer's order or response to the Company’s confirmation shall be deemed objected to by the Company and shall not be binding on the Company. No general terms and conditions of any Customer shall at any time form a part of the content of any contract or agreement between the Customer and the Company, even if they are not expressly rejected by the Company.

These Terms supersede any and all prior oral quotations, communications, agreements or understandings of the parties in respect of the sale and delivery of the Products and shall supersede any and all other terms and conditions contained in any order placed by a Customer otherwise communicated by a Customer.

Failure of the Company to object to terms and conditions communicated by a Customer shall in no event be construed as an acceptance of any other terms and conditions. Any communication or conduct of a Customer which confirms an agreement for the delivery of Products by the Company, as well as acceptance in whole or in part by the Customer of any delivery of Products from the Company shall constitute an unqualified acceptance by Customer of these Terms.

If Customer finds any provision of these Terms not acceptable, Customer must so notify the Company immediately and must reject the Products delivered under these Terms. Deviations from these Terms require the written approval of the Company.

  1. Offers, Orders, and Confirmation

The Company shall sell and deliver to the Customers, and each Customer shall purchase and accept from the Company, the Products described on or in any order submitted by the Customer via the Company’s website or other online services (an “Order”).

All offers made by the Company are revocable and subject to change without notice to Customer, the Company shall be entitled to refuse an Order for any or no reason. The Customer in particular acknowledges that there are limitations regarding the availability of certain Products depending on the chosen delivery location/State, which may result in the refusal or cancellation of Customer’s Order.

No Order is binding upon the Company until the Company acknowledges and confirms the Order by email (a “Confirmed Order”). Notwithstanding any prior confirmation of an Order by the Company, the Company shall have no obligation to deliver Products to Customer or otherwise perform any of its obligations set forth in the Confirmed Order or herein if Customer is in breach of any of its obligations hereunder or the Confirmed Order.

In the event Customer cancels or modifies any Confirmed Order, Customer shall bear all costs associated with such cancellation or modification, and, in the event of a modification of a Confirmed Order, the Company shall be free to accept or reject such modification without any further obligation to Customer whatsoever.

Each Confirmed Order shall be considered a separate agreement between the parties to purchase and sell Products, and any failure to deliver Products under any Confirmed Order shall have no consequences for other deliveries. These Terms and the terms and conditions of a Confirmed Order taken together shall constitute the entire agreement between the Company and the Customer regarding the sale and delivery of the Products pursuant to such Confirmed Order.

  1. Prices

The price of the Products shall be as published on the Company’s website at the time of the Order, inclusive of Goods and Services Tax (GST), unless otherwise quoted in writing by the Company. All published prices are subject to change without prior notice. The Company’s prices do not include delivery, which will be calculated and displayed at checkout. Such prices include standard packaging.

Shipping costs as well as any customs or import duties, taxes, or fees in any jurisdiction levied in relation to the Products shall be for Customer’s account and will be added to each invoice as separate line items.

In the event of a pricing error on the Company’s website or in any advertising materials, the Company reserves the right to cancel any Orders placed for affected Products at the incorrect price, even if the Order has been confirmed and payment has been processed. The Company will notify the Customer of such cancellation and provide a refund of the purchase price, if already paid. The Company is not obligated to provide the affected Products at the incorrect price, even if the Company has shipped the Products to the Customer.

The Company may offer promotional discounts or codes, which may be redeemed during checkout. Promotional discounts and codes are subject to the terms and conditions specified at the time of the promotion, and may not be combined with any other offers or discounts, unless otherwise specified by the Company. The Company reserves the right to modify or cancel any promotional offer at any time, without prior notice.

  1. Payment Terms

The purchase price for the Products to be delivered under a Confirmed Order and all other amounts due in connection therewith shall be due and payable prior to delivery of such Products, unless otherwise agreed to in writing by the Company. Each Customer shall make payment in Australian dollars by credit card, direct bank transfer, or other payment method accepted by the Company without any discount, deduction, or offset whatsoever. The Company may require proof of identity and authorization for payment from the Customer before processing the Order.

In the event that the Customer fails to make payment in full by the due date, the Company may cancel the Order, refuse to deliver the Products, and/or seek recovery of any outstanding amounts, including interest and collection costs. The Company reserves the right to suspend or terminate the Customer’s account and access to the Company’s online services for non-payment or any other breach of these Terms.

  1. Delivery and Acceptance

Your submission of shipping information through the store is governed by our Delivery & Lead Time Policy. To view our Delivery & Lead Time Policy, please refer to the relevant section on our website.

  1. Examination and Conformity to Order

Promptly upon receipt of any Products, each Customer shall conduct a full and complete inspection of such Products and satisfy itself that the Products delivered conform with the Company’s warranties and meet all requirements set forth in the Confirmed Order. Each Customer shall notify the Company in writing of any apparent defects or other non-compliance with such Confirmed Order that Customer could reasonably have discovered during such inspection within eight (8) days from the date of receipt of such Products, and Customer shall notify the Company in writing within five (5) days of the date on which Customer shall first have become aware of any hidden defect or non-compliance which could not reasonably have been discovered during Customer’s initial inspection of the Products. Notwithstanding anything to the contrary contained herein, any and all claims for defective or non-compliant Products must be received by the Company within six (6) months of the earlier to occur of (a) the delivery of the Products pursuant to these Terms or (b) the Company’s notification of the Customer that the Products are ready for delivery.

If a Customer fails to timely notify the Company of any defects or non-compliance of any Products delivered or Customer uses, destroys, or modifies any Products that Customer knows or should have known to be defective or non-compliant without the Company’s prior written consent, such Customer shall be deemed to have unconditionally accepted such Products and waived all of its claims for breach of warranty or otherwise in respect of such Products.

  1. Returns

Your submission of returns information through the store is governed by our Returns Policy. To view our Returns Policy, please visit our website at www.sidiz.au/pages/return-policy.

  1. Limited Warranty

The Company provides the Product warranty set forth at www.sidiz.au/pages/warranty(the “Limited Product Warranty”) in the Australia and New Zealand. Under the aforementioned link, the contents of the respective warranty and further conditions for making a claim under it can be accessed.

  1. Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF ANY BREACH OF WARRANTY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME CUSTOMERS.

  1. Miscellaneous

If any provision contained in these Terms or any Confirmed Order is held by final judgment of a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalid, illegal, or unenforceable provision shall be severed from the remainder of these Terms or such Confirmed Order, and the remainder of these Terms or such Confirmed Order shall be enforced. In addition, the invalid, illegal, or unenforceable provision shall be deemed to be automatically modified, and, as so modified, to be included in these Terms, such modification being made to the minimum extent necessary to render such provision valid, legal, and enforceable.

In the event of a violation or threatened violation of the Company’s proprietary rights, the Company shall have the right, in addition to such other remedies as may be available pursuant to law or these Terms, to temporary or permanent injunctive relief enjoining such act or threatened act. The parties acknowledge and agree that legal remedies for such violations or threatened violations are inadequate and that the Company would suffer irreparable harm.

No Customer may assign its Order or any right or interest therein or any other obligation arising hereunder without the prior written consent of the Company. Any attempted assignment shall be null and void.

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

These Terms and any Confirmed Order are binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. These Terms and any Confirmed Order may not be modified, amended or supplemented except in writing executed by the parties.

  1. Applicable Law and Jurisdiction

All matters relating to these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Victoria, Australia without giving effect to any choice or conflict of law provision or rule (whether of the State of Victoria or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the courts of the State of Victoria, Australia, although we retain the right to bring any suit, action, or proceeding against a Customer for breach of these Terms in such Customer’s country of residence. Each Customer waives any and all objections to the exercise of jurisdiction over such Customer by such courts and to venue in such courts.

  1. Modification

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our online shop after those revisions become effective, each Customer agrees to be bound by the revised terms. If you do not agree to the new terms, please stop using the service.

  1. Contact Information

If you have any questions about these Terms, please contact us through our website or email us at support@sidiz.au.