Terms & Conditions
The following terms and conditions cover ASWAQ MEKKAH’s:
- Terms of Sale
Terms Of Sale
This page tells you the terms and conditions on which we supply any of the products listed on our website www.aswaqmecca.com.au. Please read these terms and conditions carefully before ordering any products from our site. You should understand that by ordering any of our products you agree to be bound by these terms and conditions.
At checkout, please click on the check box marked “I accept the ASWAQ MEKKAH terms and conditions” if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from our site.
1. INFORMATION ABOUT US
1.1 aswaqmecca.com.au is a site operated by ASWAQ MEKKAH Ltd.
2. HOW THE CONTRACT IS FORMED
2.1 After placing an order, you will receive an e-mail from us confirming that your order is being processed. We will charge your credit or debit card at the time of checkout.
2.2 All orders are subject to acceptance by us by sending you an e-mail confirming dispatch (the Dispatch Confirmation), at which stage the contract is formed. If we cannot fulfil your order for any reason, we will let you know as soon as possible and provide a full refund.
3.1 We provide links to the websites of other companies. We are not responsible for the products or the service provided by third party companies (this disclaimer does not affect your statutory rights against that third party).
4. CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a contract at any time within 14 calendar days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy (set out in clause 8 below).
4.2 To cancel a contract, you must inform us in writing or by sending an email to [email protected]. You must return the product(s) to us as soon as possible at the address above in an unused, undamaged condition. You are responsible for paying the cost of returning the product(s).
4.3 Please note that you have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.4 Except where a product is defective, you may not cancel a contract for the supply of any of the following:
(a) Products produced or altered to your own specification;
(b) Perishable goods, such as freshly made breads and sweets
5. AVAILABILITY AND DELIVERY
5.1 We aim to dispatch your order within 72 hours of receipt and it should be with you within 1 to 2 working days of dispatch. AU weekends and Bank holidays are not classed as working days. Because we use a third-party delivery service, these times are estimates and not guarantees. However, please let us know if you do not receive your order in good time and we will look into the matter. Delivery times may be longer for certain products.
5.2 Where a product is out of stock we will offer you a refund or, where you have agreed, provide a substitute product.
5.3 All descriptions, product images and weights are those of the original manufacture and are intended to give a general description of the goods. The weight to be shipped includes the weight of packaging for the goods.
5.4 You will be supplied with an estimated delivery date, and subsequently a tracking number which will enable you to access accurate details of the delivery progress and status of your parcel online. You agree that either yourself or another person will be in to accept delivery of the items, and that ASWAQ MEKKAH cannot be held responsible for damage of the goods caused by nobody being available to receive them.
5.5 If a parcel should arrive damaged, the driver will give you a document reporting the damage and may ask to stay and witness you open the box to check the contents. In this scenario, you must report it to ASWAQ MEKKAH immediately by emailing a copy of the papers to [email protected]. If the driver does not provide you with this document detailing the damage, any damaged box should be refused at the door.
6. RISK AND TITLE
6.1 The products will be at your risk from the time of delivery.
6.2 Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
7. PRICE AND PAYMENT
7.1 Prices include VAT but exclude delivery costs, which will be added to the total amount due before you place your order. You are given the option of correcting any errors before you confirm your order to us.
7.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.3 If we have made a pricing error by displaying a lower price than the correct price, we will either contact you for instructions before dispatching the product or reject your order and notify you of such rejection. If the pricing error is unmistakable, we are under no obligation to provide the product to you at the incorrect (lower) price.
7.4 If we have incorrectly displayed a higher price, we will confirm the correct price to you in the Dispatch Confirmation and refund the difference to your card.
7.5 We will charge your credit or debit card at the time of checkout.
7.6 All payments shall be made in United Kingdom pounds sterling, Euros or Dollars. Please note that ASWAQ MEKKAH cannot be held responsible for adverse currency fluctuations. The conversion rate is set at the point of authorization of your credit/debit card.
8. OUR REFUNDS POLICY
8.1 When you return a product to us:
(a) because you have cancelled the contract between us within the 14-day cooling-off period (see clause 4 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. In this case, we will refund the price of the product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us;
(b) because the product is defective, we will examine the returned product and replace it or provide a refund. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
8.2 When breakages occur during delivery, we require photographic evidence from you to demonstrate that the product is indeed broken. If we are satisfied that the product has been broken, and that the damage has been caused in transit, we will refund the price of the product in full.
8.3 We will usually refund any money to the card used to pay for your purchase.
8.4 When a product is past its sell by date, we require photographic evidence from you to demonstrate that this is the case. If we are satisfied that we have supplied an out of date product we will refund the price of the product in full.
9. OUR LIABILITY
9.1 We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
9.3 We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
9.4 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10. IMPORT DUTY AND CUSTOMS
10.1 If you order products from our site for delivery outside the AU, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. WRITTEN COMMUNICATIONS
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.1 All notices given by you to us must be given to ASWAQ MEKKAH at [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
13.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks;
(f) The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
15.1 If we fail to insist upon strict performance of any of your obligations under this agreement, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
16.1 If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorized agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We may revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation.
19. LAW AND JURISDICTION
19.1 Contracts for the purchase of products through our site will be governed by Australia law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of Australia.
20. RIGHT OF WITHDRAWAL
20.1 You have the right to withdraw from this contract within 14 days without giving any reason.
20.2 The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
20.3 To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
20.4 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
21. EFFECTS OF WITHDRAWAL
21.1 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
1. YOUR USE OF THIS WEBSITE
1.1 You must not use this website inappropriately or in contravention of any laws. In particular you agree not to distribute, upload or publish any material or files that might:
(a) be considered defamatory, inaccurate, threatening, offensive, indecent or calculated to incite hatred;
(b) constitute a breach of confidence, infringe copyright or any other intellectual property right, privacy or any other right of a third party; or
(c) contain viruses or other harmful features, programs or devices.
1.2 You are responsible for the accuracy of any information you submit to the website.
2.1 You agree to keep any password used on this website confidential. You agree that we will not be responsible for any activity on this site resulting from a third party gaining access to your password.
3. INTELLECTUAL PROPERTY
3.1 All website design, text, photography, graphics and their selection and arrangement, unless otherwise indicated, are Copyright © 2016 ASWAQ MEKKAH, all rights reserved.
3.2 Trade marks used on this web site are the property of their respective owners. These trade marks are protected by law and you may not use these trademarks.
3.3 You are not permitted to use any of our copyrighted material or trade marks in any way. If you do so without our written consent we will have a right of action against you in law for copyright and/or trade mark infringement and you must remove such material with immediate effect.
3.4 You are not permitted to modify the content of this website in any way.
4.1 Any links from this website to other sites are provided solely for your convenience. We are not responsible for the direct or indirect consequences of you linking to any other web site. We are not responsible for and have no control over the content of any external sites, and the provision of a link is not an endorsement of any other site or its contents.
4.2 You may only create a link to this website on the basis that you link to the homepage and on the condition that you do not imply that we are endorsing any products or services other than our own, that you do not misrepresent your relationship with us or present any false information, you do not use any trade marks displayed on the Website without their owners’ express written permission, and your website does not contain material which is distasteful, offensive or infringes any rights of any person.
5.1 We may alter this site and these terms, conditions and disclaimers at any time.
6.1 We do not make any representation or give any warranty or other assurance (and all such warranties, terms and representations that might otherwise apply by operation of law, practice or otherwise are hereby excluded to the fullest extent permitted) as to:
(a) the operation, quality, timeliness, reliability, usefulness or functionality of this website or any information on this website;
(b) the availability of this website. Access to this website may be interrupted, restricted or delayed for any reason and at any time (for example, to enable changes to be made);
(c) the compatibility or performance of this website with (or its effect on) your computer equipment;
(d) this website being free from errors, defects, viruses or other harmful features, programs or devices;
(e) the accuracy, completeness, suitability, timeliness or fitness for any particular purpose of any content on this website or accessed through a link on this website.
7. LIMITATION OF LIABILITY
7.1 We are not liable for and disclaim to the fullest extent permissible under any applicable law all liability and responsibility in connection with the use, inability to use or the results of use of this website for any amount or kind of loss, damage, expenses, costs or liability that you or any third party may suffer, including without limitation any direct, indirect, punitive, special or consequential loss or damage or any loss of income, profits, anticipated savings, goodwill or data whether arising in tort, contract, operation of law or otherwise. This limitation does not apply to your purchase of products via this website, which is governed by our Sale Terms.
7.2 If any of these terms and conditions would otherwise be held invalid, the invalid term or condition shall be interpreted as applicable only to the extent permitted without being invalid and the remainder of the terms and conditions shall not be affected.
8. GOVERNING LAW
8.1 These terms and this disclaimer and any claim based on use of information from this website shall be governed by the laws of Australia and you agree to submit to the non-exclusive jurisdiction of the Courts of Australia.
9. PURCHASE OF ALCOHOL
9.1 Alcoholic drinks can be purchased on this website. By agreeing to these terms and conditions, you confirm that if purchasing alcohol you are of at least the minimum legal age required by your Country to purchase and consume alcohol.