Website terms of use 

Welcome to www.factoryoutletshopping.com.au ("Site"). 

 

These terms of use ("Terms") govern your use of the Site and form a binding contractual agreement between you, the user of the Site and us, Gain Beach Pty Ltd ACN 010 502 351 trading as “Factory Outlet Shopping”

 

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on support (at) factoryoutletshopping.com.au

 

Factory Outlet Shopping reserves the right to add to, delete or change these Terms and Conditions from time to time and without notice. 

 

By continuing to use the Site, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. 

 

Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version. 

 

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site. 

 

Licence to use Site 

We grant you a non-exclusive, world-wide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement. 

 

The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated or any content available on any linked website. 

 

 

Collection and Purpose

We may collect personal information from you in the course of your use of the website if you input any personal information into the website (i.e. when contacting us or contacting factory outlet or subscribing to the Bargain Hunters Club). You will automatically become part of the Bargain Hunters Club and entitle to receive our newsletters. If your personally identifiable information changes, or if you no longer desire our service, you may request to unsubscribe by emailing us at support (at) factoryoutletshopping.com.au or clicking the link unsubscribe at the bottom of each newsletter.  In addition, we also collect cookies from your computer, which enables us to tell when you use the website and also to help customise your website experience.

 

In order to make a purchase on www.factoryoutletshopping.com.au, or to create a account online, we collect personal contact information such as names, postal and e-mail addresses, phone numbers and personal billing/financial information such as credit card information and billing address. 

 

www.factoryoutletshopping.com.au may also collect business information from sole proprietorships that apply for membership and for program participation, some of which could constitute personal information, as well as personal information from individuals acting solely in their business capacity. 

 

We will use your personal information only for the purposes of processing your order and to communicate effectively with you. This communication includes (but is not limited to) the following:

  1. Emailing you tax invoices;
  2. Dispatch and tracking information;
  3. Returns and exchange authorisations;
  4. Special offer promotions (unless you have advised us that you are not interested in these offers).

 

We will retain your information for as long as your account is active or as needed to provide you services. If your personally identifiable information changes, or if you no longer desire our service, you may request that your web site account be deactivated by emailing us at support (at) factoryoutletshopping.com.au.  

Our website logs retain certain kinds of non-identifying site usage data, such as the number of hits and visits to our site. This information is used for internal purposes by technical support staff to provide better services to the public and may also be provided to others, but this information contains no personal information and cannot be used to gather personal information. 
 

Placing orders through the Site 

You must be at least 18 years old to place any orders with Factory Outlet Shopping. By using the Site you acknowledge that you are at least 18 years old. 

 

We act as an agent for third party suppliers for all goods contained on the Site. We receive orders and payments on behalf of the third party supplier, however the third party supplier is responsible for fulfilling your order, handling the goods ordered and arranging delivery of the goods. 

 

Information contained on the Site constitutes an invitation to treat. No information on the Site constitutes an offer by us to sell any goods on behalf of the third party supplier. 

 

You make an offer to us to purchase the goods from the third party supplier you have selected based on these Terms and Conditions by purchasing any goods through the Site. 

 

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. 

 

We will confirm receipt of your order when we send you an email confirming shipment of the 

goods you have ordered. 

 

All payments must be received by us in full prior to dispatch. 

 

If your payment is not received or declined by your bank or credit card issuer, we cannot hold goods against your order. 

 

Once payment is received in cleared funds, your order will then be sent to a third party supplier, who will then be responsible for handling, postage, and delivery of the goods to you. We take no responsibility for the handling of your order once your order is sent to the third party supplier. 

 

If the third party supplier is unable to process or accept your order after payment is received, the third party supplier will contact you using the contact details you provided us. 

 

Whilst we take reasonable effort to present accurate information on the Site, the information may contain typographical errors or inaccuracies and may not be complete or current. 

 

We reserve our right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order and/or made payment). 

 

These errors, inaccuracies or omissions may relate to product description, pricing and availability. 

 

If, for example, the price or description of a good offered for sale on the Site is incorrect due to a technical or administrative error, any agreement arising from any acceptance of such offer will, be void, unless we, in our own discretion, decide otherwise. 

 

We also reserve the right to limit quantities (including after you have submitted your order and/or made payment). 

 

The prices of goods, delivery and other charges shown are in Australian dollars and include GST where applicable, and are subject to change. 

 

Intellectual Property Rights 

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site. 

 

The Site, including all images, logos, indicia, text, content, and unique method of showcasing products is subject to copyright owned by Gain Beach Pty Ltd ACN 010 502 351

 

**The Factory Outlet Shopping trade mark and logo are trade marks owned by Gain Beach Pty Ltd ACN 010 502 351

 

All other trade marks are the property of their respective owners, who are not associated with Factory Outlet Shopping. Permission to use documents delivered from the Site and/or server and related graphics is restricted. 

 

The name of Factory Outlet Shopping or any of the above trademarks or logos may not be used without Factory Outlet  Shopping's specific, written prior permission.

 

Statutory Conditions and Warranties/Refunds from Third Party Suppliers 

As we act as an agent for third party suppliers, you are to deal with the relevant third party supplier of any goods purchased on the Site noted on the tax invoice issued to you by Factory Outlet Shopping for any refunds, replacements or repairs. 

 

If we are required by law to refund, replacement or repair the goods, you must email us on support (at) factoryoutletshopping.com.au (with confirmation as to when and how you made contact with the third party supplier, and any response from the third party supplier) within a reasonable time after you become aware that you wish to make a claim for a breach of condition or warranty; generally within 14 days after you have received the product. 

 

Once contacted, we will advise you of the best way to return any products. 

 

A "reasonable time" is the amount of time that is reasonable to expect, given the cost and quality of the item. 

 

Incorrect or defective goods must be returned to us in the condition received with all original packaging. 

 

Replacement of good or refund and reimbursement of freight costs will not be made until the original good is received by us and your claim verified. 

 

We do not refund, repair or replace where in our reasonable opinion the product becomes un-merchantable due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care. 

 

Statutory Conditions and Warranties/Refunds from Manufacturer 

Goods that develop a defect after first use may be covered by the manufacturer warranty. 

You may wish to contact the manufacturer regarding returns and repairs. 

 

Liability 

To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages (including resulting from negligence). 

 

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms. 

 

These Terms are to be read subject to any legislation, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. 

 

If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option: 

1. in the case of goods: 

a. the replacement of the goods or the supply of equivalent goods; 

b. the repair of the goods; 

c. the payment of the cost of replacing the goods or of acquiring equivalent goods; or 

d. the payment of having the goods repaired, and 

 

2. in the case of services: 

a. the supply of the services again; or 

b. the payment of the cost of having the services supplied again. 

 

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement. 

 

We will not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control. 

 

Transfer and Assignment 

In the event that we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you. 

 

Termination 

These Terms terminate automatically if, for any reason, we cease to operate the Site. 

 

We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way. 

 

General 

You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms. 

 

If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. 

 

Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it. 

 

This Agreement is governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.

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