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About These Terms and Conditions
In these Terms and Conditions, references to "you," "member" and "members" means you the customer.
These Terms and Conditions together with your order confirmation constitute the entire contract between buyinvite and members for the supply of products and services. No other Terms and Conditions will apply. The contract cannot be varied unless buyinvite agrees to vary it in writing or by email. Access to the private sales events on the buyinvite.com.au website published by buyinvite Pty Ltd implies unreserved acceptance of the following provisions:
1. Company Information
1.1 buyinvite.com.au is a privately owned Australian company.
Company name: buyinvite Pty Ltd
ABN: 92 134 648 589
Business contact number: (02) 9317 4900
Mail address: PO Box 6042 Chullora, NSW 1405, Australia
2. General Conditions
2.1 These Terms and Conditions set out members' and buyinvite's rights and obligations for the purposes of the sale of products and services at buyinvite.com.au ("the website") to members of buyinvite.
2.2 Members acknowledge that they have read and accepted these Terms and Conditions. All orders on the website are governed by these provisions.
3. Referrals and Invites
3.1 Access to buyinvite is via member invitation. Invitation by a member is limited to a restricted circle (friends and family) with whom the inviting member must be both effectively and physically acquainted. The mass recruitment of referred people who fail to fall into this category, for directly or indirectly profit-making purposes, or even free of charge, by any means including via a website, a blog, online advertising or magazines or forums, or by using the names of brands which work in partnership with buyinvite or by reproducing any part of buyinvite's sales catalogue, is strictly prohibited.
3.2 Members are prohibited from selling, trading, or otherwise transferring their buyinvite.com.au account to another party. If buyinvite should become aware of any serious irregularities by a member in the use of its referral system it may expel that member.
4. Membership Cancellation
4.1 buyinvite reserves the right to decline membership application at any time.
4.2 buyinvite reserves the right to cancel membership at any time if a member is found to have breached any of these Terms and Conditions.
5. buyinvite Coupons and Credit
5.1 Each 'buyinvite coupon' is personal to the Member receiving it, is not transferable, has no monetary value and under no circumstances can it be converted into currency.
5.2 The use of a 'buyinvite coupon' requires the total value of the order (excluding delivery costs) to be higher than the monetary value of the discount given by the 'buyinvite coupon'.
5.3 buyinvite reserves the right to specify a minimum spend for which 'buyinvite coupons' are permitted to be used. In this case, the monetary value of the order (excluding delivery costs) has to be higher than the minimum spend.
5.4 'buyinvite coupons' and any credit issued is valid for 3 months after the amount is first registered to a Members account.
6. Placing Orders
6.1 Members place orders for the purchase of goods and services at
www.buyinvite.com.au.
6.2 Each product and service includes the GST-inclusive price, which is provided in the product description.
6.3 Prices are typically held next to their Recommended Retail Price ("RRP") and compared to their buyinvite sales prices, with the RRP shown crossed out. The RRP is provided to buyinvite by the supplier and represents the supplier's typical RRP for the product. The RRP has been reviewed and compared to prevailing market prices and other suppliers' prices by buyinvite. From time to time, the buyinvite displayed RRP may differ from the current supplier's RRP as a result of being inputted into our sales system in advance of the Sales Event itself.
6.4 Members are informed of shipping costs and delivery times for their orders prior to final confirmation. Once an order is confirmed, prices and costs are accessible from the 'My Account/My Orders' section of the Website.
6.5 When purchasing a product, an overview of the 'savings made' will be shown on the 'Summary' page in the Shopping Cart. This indicates the total savings made by the member for all products purchased as compared with the supplier's RRP.
6.6 The Member guarantees that they are fully authorised to use the credit/debit card supplied used for the purposes of making their orders. The Member also guarantees that their payment account has sufficient credit for the purposes of each order.
6.7 After confirming the contents of their order, Members make final confirmation by means of their payment. The order is final once the corresponding purchase amount has been paid.
6.8 By confirming the purchase of goods, Members state that they unreservedly accept these Terms and Conditions in their entirety.
6.9 buyinvite will confirm orders and their shipment from our warehouse via email to the Member's registered buyinvite email address.
6.10 Deliveries are only made to Australia and New Zealand.
7. Currency
7.1 All goods and services sold are in Australian dollars ($A) only.
8. GST
8.1 All buyinvite purchases include GST unless otherwise stated in the Product description.
9. Display of Products and Services
9.1 The information given in each product listing is as provided to buyinvite by the suppliers from whom the products and services are sourced.
9.2 buyinvite will make every effort to ensure the products are described correctly (description and photographs). It is possible that a Member's perception of the photographs of the products and services may not exactly match the product itself.
10. Availability of Products
10.1 If a product or service is totally or partially unavailable after the order is made, the Member shall be informed via email as soon as practicably possible. If this is the case, a Member has the right to ask buyinvite to: Deliver a product or service of equivalent quality and at an equivalent price, subject to stock and availability; To refund the price of the product or service ordered within 10 days from his or her request.
10.2 The cost of delivering a new product or service in this case shall be covered by buyinvite
11. Accepted Payment Methods
11.1 The following credits cards are accepted: Visa; Mastercard; American Express
12. Payment Gateway Security
12.1 The buyinvite website has one of the most efficient and current e-commerce security systems. Not only does it use SSL (Secure Socket Layer) encryption, it has also reinforced all of the various encryption processes in order to provide the most effective protection possible for all sensitive payment information.
12.2 All transaction information that is gathered via buyinvite is done so using Verisign and eWay. Therefore Members can be assured that their sensitive data such as credit card numbers will remain confidential because all information is up to 256-bit encrypted.
12.3 buyinvite holds no responsibility for the transaction of information that takes place at third party sites where personal information and payment details are transacted.
13. Delivery Procedures
13.1 Once a Sales Event closes, the purchased goods and services are delivered to the buyinvite warehouse by our designer brand partners. This process typically takes between 7 and 14 days. The purchased goods and services are then checked, packaged and dispatched within two to five working days.
13.2 Products or services will be dispatched to the delivery address which the Member gives during the order process. The contribution towards logistical preparation and shipping costs is inclusive of all taxes.
13.3 When orders are dispatched from our warehouse, buyinvite aims to give notice that the order has been dispatched to the Member via their registered buyinvite e-mail address.
13.4 buyinvite will always post the fastest most reliable way for Members. All purchases will be delivered by Registered Post (Australia Post). A postage fee of $10.50 charged per order. Deliveries from time of dispatch can take up to five (5) working days.
13.5 The standard delivery time is up to twenty one (21) days from the date when the sales event from which any item was purchased closes, unless stated otherwise to the Member prior to the placing of the Order and prior to the final confirmation thereof. In this case, buyinvite will give the Member an estimated range of delivery dates.
13.6 Unless otherwise agreed by buyinvite, buyinvite will deliver Members' products to the address indicated by Members on their Order Confirmation. Typically, to take delivery of the Products, buyinvite's carrier (Australia Post) will leave a card so the product can be collected from the Members' local Post Office.
13.7 Each delivery is deemed to have been made once the product or service has been handed over to the Member, i.e. when this is done by the Australia Post. Title and risk of loss for all products will pass to Members upon delivery.
14. Delays in delivery and no delivery
14.1 In any such case the Member should contact buyinvite via the 'Contact' section of the website.
14.2 The Member has the right to cancel his or her order if it is not delivered within 7 days after the delivery date stated by buyinvite as per Clause 13.5 above, unless this delay in delivery is due to a case of force majeure pursuant to the jurisprudence of the Courts of New South Wales. Any order cancellations with receive store credit unless otherwise approved by buyinvite management.
14.3 buyinvite will ask its bank to refund the Member within 10 working days following his or her request to cancel.
15. Returns (Damaged Goods & Services / Non-Conforming)
15.1 In the event of damaged or non-conforming products or services delivered to Members they may return them to buyinvite by firstly making contact with buyinvite and secondly returning the item(s) within 5 working days of delivery of goods. (details in the 'Help Section' of the website). buyinvite has the right to: Deliver a product or service of equivalent quality and at an equivalent price, subject to availability; or Refund the price of the product or service ordered. Both of these are subject to Clause 15.2 below.
15.2 In order to be fully eligible for a refund as per the conditions set out above, Members must return the product to buyinvite after having contacted buyinvite (via the contact section). The item must be properly protected, with its original packaging, in the condition delivered (no additional damage) together with any accessories, instructions and documentation; The product or service must not clearly have been subject to lasting use (longer than a few minutes), and must be in a condition allowing them to be resold.
15.3 Depending on the choice made by the Member, buyinvite undertakes either to offer a refund, to exchange the Member's product or service for an identical product or service subject to stock and availability, or to exchange a product or service for a product or service of equivalent quality and price, subject to stock and availability. If a non-conforming product is delivered and if a product or service which reveals a hidden defect is delivered, buyinvite will cover the cost of sending this item back to buyinvite.
15.4 If paid with a credit/debit card, the Member's credit card will be credited with a refund after a period of 5 days following the date of the cancellation of the order and the payment shall be deemed to be effective upon confirmation of our banking partner.
15.5 buyinvite will pay for all commercially reasonable delivery costs associated with transporting the Member's broken, damaged or non-conforming goods to and from buyinvite's warehouse.
16. Returns (Other)
16.1 Typically, all goods purchased are subject to buyinvite's standard 5 working day return policy. However, please note that not all of buyinvite's brand partners allow for similar returns policies. The member returns policy for goods will be specified on the 'Product Detail' page.
16.2 In the event of a return under this clause, and as per the specified returns policy on the 'Product Detail' page, the Member may ask buyinvite to: Deliver a product or service of equivalent quality and at an equivalent price subject to availability; or offer store credit for the price of the product or service ordered.
16.3 In order to be fully eligible for store credit as per this clause, the Member must return the product or service to buyinvite: Subject to having contacted buyinvite (via the contact section) the returned item must be properly protected, with its original packaging, in perfect condition for the purposes of resale (not damaged) together with any accessories, instructions and documentation; The product or service must not clearly have been subject to lasting use (longer than a few minutes), and must be in a condition allowing them to be resold.
16.4 Depending on the choice made by the Member, buyinvite undertakes either to offer store credit, exchange the Member's product or service for an identical product or service, subject to stock and availability, or to exchange a product or service for a product or service of equivalent quality and price, subject to stock and availability.
16.5 All costs and risks involved in returning the product are to be met by the Member. The Member will pay for all delivery costs associated with transporting the Member's returned goods to buyinvite and for any goods sent back to the Member in exchange for the returned goods.
17. Privacy Policy
17.1 buyinvite undertakes not to disclose any information provided by Members on the Website to third parties. Any such information will be treated as confidential. It will only be used internally for the purposes of processing the Member's order and to strengthen and personalise the communication including by means of letters / e-mails providing information and for the purposes of the personalisation of the Website according to Members' recorded preferences.
17.2 This means that buyinvite will not sell, market or lease any personal data about its Members to third parties. buyinvite may pass a Member's personal details to its affiliated or group companies and to partner companies whose products feature in the sales on the Website, where the Member has given consent, either at the point at which it registers onto the site, or later on consultation of its account page once registered. Those companies may use these details to send gifts or offers by email directly to the Member.
17.3 Where Members have given consent, either at the point at which they register onto the site, or later on consultation of its account page once registered, to the receipt of emails from buyinvite, buyinvite may send information or promotional emails to the Member. Members may opt to discontinue receiving emails by selecting the 'unsubscribe' link at the bottom of any daily buyinvite e-invitation and following the prompts.
17.4 buyinvite may also provide consolidated statistics about its Members, its sales, exchange structures and relating to the information on the Website to trusted third parties, but these statistics will not contain any specific personal data.
17.5 This article may not prevent the assignment or transfer of business to a third party. If files are assigned in the event of a transfer of business to a third party, buyinvite undertakes to inform Members of this in advance.
18. Legal Capacity To Transact
18.1 By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with buyinvite.
18.2 Should buyinvite suffer any damage or other losses as a result of a transaction entered into by a minor, buyinvite reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with buyinvite.
19. Copyright / Trademark Information
19.1 The name buyinvite and website address
www.buyinvite.com.au, buyinvite logos, intellectual property, trademarks and design elements are the property of buyinvite, a business registered under the business names laws of New South Wales, Australia must not be used, altered, adapted, distributed, printed, displayed or used for any commercial or personal purpose that is not approved in writing by buyinvite.
20. Indemnification
20.1 Members indemnify and hold buyinvite and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action brought against any of the aforementioned alleging that a Members has breached any of these Terms and Conditions.
21. Limitation of Liability
21.1 Where applicable, in no event shall buyinvite or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits.
22. Manufacturer Warranty
22.1 Some products sold through buyinvite are serviced and supported exclusively by their manufacturer in accordance with the warranty information provided on the descriptions page.
22.2 For items advertised and sold with manufacturer's warranty, buyinvite requests Members initially contact the manufacturer or supplier for replacement or repair under the warranty terms.
23. Credit Card Fraud
23.1 buyinvite will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
24. Order Cancellations
24.1 Orders can be cancelled (unless specified otherwise during the sale in the product description) only whilst the sales event purchased from is live on our buyinvite.com.au website. In the event that an order is able to be cancelled within this authorised time, store credit only will be offered to members as a reimbursement.
25. General
25.1 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability to buyinvite for breach of such conditions and warranties (other than a condition or warranty implied by Section 69 of the Act) shall be limited, at the option of buyinvite, to the replacement of the product(s) and service(s) or the re-supply of the same product(s) and service(s); the payment of the cost of replacing the product(s) and service(s) or of acquiring equivalent product(s) and serivces(s).
25.2 Neither buyinvite's failure nor a Member's failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
25.3 buyinvite reserves the right to change the Terms and Conditions of sale at any time. Changes and their dates will be noted at the Terms and Conditions section of the site.
25.4 No buyinvite employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
26. Additional
26.1 These Terms and Conditions will not be assignable or transferable by Members without the prior written consent of buyinvite. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding between Members and buyinvite regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between Members and buyinvite regarding its subject matter. No failure or delay by any of these parties in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
26.2 In the event a Members order is returned to our warehouse 'undeliverable', buyinvite will contact Members via their registered email address to reconfirm a delivery address. If the Member does not reconfirm a delivery address within 7 working days of request for information then Members order will be subsequently dissolved and store credit issued to the Members buyinvite.com.au for the value of the order.
26.3 Members must contact buyinvite.com.au regarding any claim for reimbursement of product or order within 3 months of the date of purchase, excepting any claims or issues regarding warranty entitlements. If Member does not contact buyinvite.com.au within specified time buyinvite will not be liable for costs.
27. Force Majeure
27.1 buyinite shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of buyinvite, and buyinvite shall be entitled to a reasonable extension of time for the performance of such obligations.
28 Governing Law
28.1 These Terms and Conditions are enforceable under the law of New South Wales, Australia.
