1. These terms and conditions ("Terms") help to keep the www.octasmarttopper.com.au website a safe place to trade and set out the full extent of any agreement reached between you and in connection with the www.octasmarttopper.com.au website ("the Site"). You should understand that by placing an order, you accept the following terms and conditions: GeneralStudio Moderna SAWye House, 376 London Road, High Wycombe, Buckinghamshire, HP11 1LH.
Studio Moderna SA will refund you the purchase price of the goods via BACS payment, upon supply the relevant account details. Where appropriate Studio Moderna SA shall refund any additional customs duties borne by you on receipt of the relevant customs receipt. If you have any complaints about an online transaction, please get in touch with our Customer Services team by phone on 1 800 243 722 or via email to firstname.lastname@example.org. If you would like to escalate your complaint, the European Commission has set up an online service to resolve disputes about online transactions. Please visit the Online Dispute Resolution website at http://ec.europa.eu/consumers/odr/. 14: Once Studio Moderna SA receives notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to Studio Moderna SA from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by Studio Moderna SA in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to Studio Moderna SA. 15: Where defective goods are returned there will be no charge made for return. Studio Moderna SA reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected. 16. All calls to Studio Moderna SA customer services or the Studio Moderna SA order line may be recorded for training and monitoring purposes. Liability 17: This section applies only to the extent permitted by law. For the avoidance of doubt, Studio Moderna SA do not exclude or limit any liability for: (a) personal injury (including sickness and death) where such injury results from Limited's negligence or wilful default, or that of Studio Moderna SA's employees, agents or subcontractors or (b) fraudulent misrepresentation. 18: Studio Moderna SA does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications, and descriptions of listed goods, products and services. 19: If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price.
We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms. 20: Studio Moderna SA will do its best to correct errors and omissions as quickly as practicable after being notified of them. 21: To the fullest extent permitted by law, Studio Moderna SA is providing this site and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Studio Moderna SA does not represent or warrant that the information accessible via this site is accurate, complete or current. 22: In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Studio Moderna SA of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS. 23: You and Studio Moderna SA will only be liable under these Terms for losses that are a reasonably foreseeable consequence of the relevant breach of contract. 24: The products sold on the Site are provided for private domestic and consumer use only. Accordingly, Studio Moderna SA does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Studio Moderna SA. 25: All products are covered by a twelve month manufacturer's warranty. If your product develops a fault while under warranty, please contact Studio Moderna SA and we will advise you where to send it for repair. It is a "return to base" warranty therefore there will be a delivery charge to return the product back to the relevant UK service centre. Processing of orders 26: Every purchase you make shall be deemed performed in England. English law shall govern every aspect of contractual agreement concerning purchases made from the Site. 27: Studio Moderna SA aims to arrange shipment of all in stock items within 14 days of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. We are not able to supply dates our suppliers may get an item in stock. 28: Our standard Returns Policy applies to all purchases from Studio Moderna SA. Delivery/Title/Risk 29: The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us. 30: Title to any product ordered will pass to you once Studio Moderna SA has received payment in full for that product. Risk in any product ordered will pass upon delivery to you. 31: Studio Moderna SA can deliver to anywhere within the UK, there may be extra charges to the Highlands and Scottish Islands addresses. We are sorry but we cannot deliver to the Channel Islands or Gibraltar. Miscellaneous 33: We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. 34: We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment. 35: No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision. 36: You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control. 37: In these Terms, "Intellectual Property Rights" means patents, database rights, copyright, design rights (whether registered or unregistered), trade-marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely. 38: Subject to the licence granted to you to use the Site, Studio Moderna SA reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Studio Moderna SA and its affiliates' trademarks, trade and business names and service marks under this Agreement will vest in Studio Moderna SA and its affiliates, as appropriate. 39: It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
Studio Moderna SA tracks the electronic 'fingerprints' of every order placed on octasmarttopper.com.au to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
40: We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:- (i) you fail to make any payment to us when due; (ii) you breach the terms of this Agreement (repeatedly or otherwise); (iii) when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; (iv) we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site. 41: Studio Moderna SA may amend these Terms from time to time, and place the new version on the Site. When Studio Moderna SA do so, it will mention the fact on the 'ordering information' page of the site. For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Studio Moderna SA's posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site. 42: These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between and you relating to your purchase.Studio Moderna SA advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Studio Moderna SA. We will store a copy of the contract entered into by you with Studio Moderna SA you are advised to read (and are responsible for reading) fully all information on this website. 43: If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected. 44: These Terms are subject to the laws and exclusive jurisdiction of England Back Orders If your item is not in stock, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait. VAT Charges All online orders include VAT at the prevailing standard rate. Card Security The small padlock logo at the bottom of your browser confirms you are using a secure site . When your order is passed to us credit card numbers are encrypted using 128 bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any web site, and we do not send the number in your email confirmation. Guarantee Selected products come with a manufacturer's warranty, please see individual product for all warranty information. In addition to this we have a 60 day no quibble money back guarantee, so you can "buy it and try it". Refund excludes all postage and packing fees. The Guarantee only applies to the original purchaser and the original proof of purchase must be supplied in order to prove that this has been purchased from an authorised supplier. The guarantee is not transferable and will not apply or be transferred to exchanged products.
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