Online Shopping Terms & Conditions
General Terms and Conditions for Cluzie Distribution ABN 69 607 974 447.
1.2 Any other terms and conditions inconsistent with these Terms and Conditions which the customer might seek to impose shall only apply to the extent that they have been expressly accepted in writing by Cluzie Distribution for the specific contract.
2. Orders (Products and Courses)
2.1 Only customers registered in Cluzie Distribution database with a valid login and password can order products or education on our webshop.
2.2 To become a registered customer, you must be registered therapist with Amino and have taken at least one Course with ANF Academy.
2.3 Cluzie Distribution may at its sole discretion and for any reason, accept or reject orders without any liability whatsoever. Quotations and orders shall only be binding on Cluzie Distribution when the payment has been received from Cluzie Distribution and only on the conditions stated herein. Verbal quotations submitted without a subsequent written confirmation shall not bind Cluzie Distribution.
Transfers should be done more than one day before the initial online course starts.
Discs bought from the store can be returned in their original and sealed packing. Shipment fees will not be credited nor refunded.
2.6 There is a 2-year warranty on products. The product’s shelf life is two years.
2.7 Payments are processed when products are ordered from the distribution hub.
2.8 Special orders such as printed T-shirts, business cards or other printed materials are non-refundable as soon as it has been confirmed ready for print by the buyer.
2.9 Orders of printed items are not put in production until the buyer confirms. A delay in confirmation means a delay in delivery.
2.10 Return Policy:
Items shipped from Cluzie Distribution can be returned within 14 days of receipt of shipment. Returned items should in unused and unopened condition to be eligible for a full refund.
3. Ownership Reservation / Liens
3.1 Cluzie Distribution holds title to any delivery and/or is entitled to exercise lien on any product belonging to the customer until the full purchase price or cost of services, with addition of any possible interest and costs incurred by Cluzie Distribution, or any other claim Cluzie Distribution may have against the customer, has been paid in full. If Cluzie Distribution chooses to release products prior to full settlement of any claims Cluzie Distribution has against the customer, the customer shall at Cluzie Distribution’s request assign title and ownership in the products to Cluzie Distribution.
4.1 All prices quoted are quoted inclusive of GST. All prices quoted are exclusive of customs duties and any other levies imposed on the products or services. All freight and insurance costs shall be borne by the customer.
4.2 Cluzie Distribution reserves the right to adjust its prices without notice commensurate with the rise or fall in Cluzie Distribution’s purchase prices, taxes, duties, transport charges, wages and currency fluctuations occurring from the time of quotation until the time of delivery of the products.
5. Terms of Payment
5.1 All orders have to be paid in full on the webshop via bank transfer or credit card before delivery.
6. Terms of Delivery
6.1 All products ordered via our web shop will be sent by courier or postal providing a tracking number. All products are sent via EX WORKS.
6.2 Shipping cost is determined by the destination, weight, and shipping method. To know the exact shipping charges that apply to a specific order, simply add the items to the shopping cart and proceed to checkout where the full cost will be calculated and displayed. This is before you make any payment. Upon ordering, it is the buyer’s sole obligation and responsibility to provide the correct delivery address.
7. Time of Delivery
7.1 Any time of delivery communicated by Cluzie Distribution is the best estimate and shall not be binding upon Cluzie Distribution, unless the order or agreement specifically stipulates a fixed time of delivery.
7.2 Cluzie Distribution shall be entitled to delay or cancel agreed deliveries in the event that the customer is overdue with payments in relation to any contract with Cluzie Distribution, goes bankrupt, enters into liquidation or through other acts or omissions gives rise to justified cause for concern over financial situation and ability to pay for deliveries.
7.3 Cluzie Distribution is not liable for any loss or damage resulting from late delivery or non-delivery. Late delivery does not entitle to a cancellation of an order. The company have the option to have its products delivered with or without a signature of receipt. If the company choose to have the item delivered without a signature of receipt, then the company is responsible for any loss or damage after delivery.
7.4 Transportation costs will be charged to the customer.
7.5 Cluzie Distribution shall not be liable for consequential losses, loss of production, loss of profits or other indirect losses due to late delivery or non-delivery.
7.6 If delivery cannot be carried out due to circumstances of which the customer is responsible, the products shall be stored by Cluzie Distribution at the customer’s sole risk and expense.
8. Return of Products
8.1 Return of delivered products can only be made with prior written consent of Cluzie Distribution.
8.2 In the event that Cluzie Distribution accepts the return of delivered products, the customer shall hold Cluzie Distribution exempt from all costs associated with the return of the parts, shipping, and restocking.
9. Defects and Limited Liability
9.1 In the event that Cluzie Distribution is liable for a defect, the company’s liability is limited to one of the following actions:
9.1.1 Correction of the defect by repair taking place at the company’s facilities
9.1.2 Replacement of the product
9.1.3 Refund of the price paid for the defective part
9.2 The actions in the articles above, 9.1.1 – 9.1.3 represent the maximum liability that can be incurred by Cluzie Distribution. The company is under no circumstances liable for consequential losses, loss of production, loss of profits or any other indirect losses.
9.3 Cluzie Distribution is only liable for defects which appear under proper use of the products. The liability does not extend to defects caused by extraordinary conditions, faulty maintenance or storage, incorrect use or alterations undertaken without Cluzie Distribution’s prior written consent.
9.4 The customer is required to examine all deliveries from Cluzie Distribution immediately upon receipt and to inform the company of any defects immediately when such are found. In any event, the customer loses the right to make any claim against Cluzie Distribution if they fail to give written notice to Cluzie Distribution within 1 week from date of delivery.
10. Product Liability
10.1 Cluzie Distribution is only liable for any damages due to product liability if the discs have been used correctly and only if they have been administered by an authorized ANF therapist.
11. Force Majeure
11.1 Cluzie Distribution shall not be liable towards the customer or end-user for damage caused by the following circumstances occurring after the closing of the transaction and preventing or delaying the performance of the order or agreement: war and mobilization, warlike conditions, insurrection and civil disturbances, revolts and riots, acts of terror, natural disasters, strikes and lockouts, shortage of goods and defects or delays in deliveries by sub-suppliers, fire, shortage of transport, currency restrictions, ban on imports or exports, death, diseases or the resignation of key persons, decisions or acts of any authority - national, municipal, port, airport or transport authorities - accidents during repair work, during testing or in transit or other circumstances beyond the direct control of Cluzie Distribution. In this case, Cluzie Distribution shall be entitled to postpone delivery, until such circumstance has ceased or, alternatively, terminate the agreement with immediate effect in whole or in part without being liable for damages.
12.1 These Terms of Conditions may, at Cluzie Distribution’s sole discretion, be amended from time to time with effect for all agreements or orders accepted after the date of publication of the amended General Terms and Conditions.
13. Applicable Law and Venue
13.1 Governing Law.
The substantive laws of Australia will, in all respects govern this Agreement as though this Agreement was entered into, and was to be entirely performed within, Australia, without regard to conflict of law principles. The Parties expressly disclaim the applicability of and waive any rights based upon the United Nations Convention on Contracts for the International Sale of Goods. For the avoidance of doubt, nothing stated in this Agreement will prejudice or limit the rights or remedies of either Party to enforce any award or decree under the laws of any jurisdiction where property or assets of the other Party may be located.
13.2 All claims or disputes arising out of or in connection with this Agreement will be heard exclusively by the City Court in Brisbane or the Commercial and Maritime Court in Brisbane whichever of the two courts holds jurisdiction over the claim in question.
To that end, each Party irrevocably consents to the exclusive jurisdiction of, and venue in, the courts, and waives any: (i) right to object (with respect to any proceedings) that the court does not have jurisdiction over (a) the substance of claims or disputes, or (b) a Party, and (ii) claim that the proceedings have been brought in an inconvenient forum. Without limiting the generality of the foregoing, customer consents to the service of process in connection with any claim or dispute by registered or certified mail, postage prepaid to Customer, to the address for notice set forth in or designated in any invoice. To the fullest extent permitted by law, each Party hereby expressly waives (on behalf of itself and on behalf of any person or entity claiming through that Party) any right to a trial by jury in any action, suit, proceeding, or counterclaim of any kind arising out of or in any manner connected with this Agreement.