Terms and Conditions

Boujee on a Budget - Azura

Promo runs from 27th July 2023 9am – 20th August 11:59pm or until stocks last. Most products are available to purchase via all our channels. Products are in excellent condition or preloved condition.

*Products within this collection are up to 80% off RRP, with 80% off available on select items.

AGREED TERMS

Who we are and how to contact us

https://circonomy.com.au/ and https://worldsbiggestgaragesale.com.au/ are websites (each a Site) operated by World’s Biggest Garage Sale Pty Ltd ACN 621 722 129 (we, us and our).
To contact us, please email info@circonomy.com.au.

Our contract with you

These terms and conditions (Terms) apply to the order by you and supply of Goods by us to you (Contract). To the extent permitted by law, no other terms are implied by trade, custom, practice or course of dealing.
You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

Placing an order and its acceptance

Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date the Contract between you and us will come into existence. The Contract will relate only to those Goods confirmed in the Order Confirmation.
If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount.

Our Goods

Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them.
Prices for our Goods are subject to change without notice.
We reserve the right at any time to modify or discontinue supply of Goods (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Goods.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Goods to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Goods that we offer. All descriptions of Goods or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Goods at any time.
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in relation to Goods or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in relation to Goods or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to any information, should be taken to indicate that all information has been modified or updated.

Risk, title and delivery

The risk of loss of, or damage to, the Goods and title to the Goods will pass to you on delivery to you or your nominated agent.
Delivery is completed when we place the Goods at your disposal at the address you specify for delivery.
We may deliver Goods by instalments and invoice you separately for each instalment.
Late delivery of Goods does not entitle you to:

refuse to take delivery of the Goods;
claim damages; or
terminate this agreement.

We are not liable for any failure or delay in delivering Goods to the extent that any failure or delay is caused by your failure to comply with its obligations under this agreement.
Items available for shipping around Australia: Orders received before 2pm will be shipped within the same business day. Orders will be shipped via Sendle or Australia Post. Delivery times for Australian domestic orders range between 1-7 days depending on location.
Large items not available for shipping around Australia: Delivery of large items will be sent by our Delivery Partners. Our Delivery Partners will make contact with you within 24 hours of receiving your order to arrange delivery within a suitable time.

Your obligations

It is your responsibility to ensure that the terms of your order are complete and accurate.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Goods in Australia only

Unless we agree otherwise, we will only supply the Goods to addresses within Australia.

Purchase price

You must pay the purchase price for any Goods that you purchase, in accordance with this clause 8.
The purchase price is the prices quoted on our site at the time you submit your order.
The purchase price is inclusive of goods and services tax.

Payment

You can pay for the Goods using a debit card or credit card that we accept. We may provide other payment methods.

How we may use your personal information

We will use any personal information you provide to us to:

supply the Goods;
process your payment for the Goods; and
inform you about similar products that we provide, but you may stop receiving this information at any time by contacting us.

Further details of how we will process personal information are set out in our privacy policy.

Limitation of liability

Nothing in this Contract limits or excludes our liability:

for death or personal injury caused by its negligence or wilful misconduct or that of its employees, as applicable;
for fraud or fraudulent misrepresentation by it or its employees, as applicable; or
where liability cannot be limited or excluded by applicable law.

Subject to clause 11.1 we will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this Contract, including any:

loss of profits;
loss of sales or business;
loss of production;
loss of agreements or contracts;
loss of business opportunity;
loss of anticipated savings;
loss of or damage to goodwill;
loss of reputation; or
loss of use or corruption of software, data or information.

Subject to clause 11.2, our maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with supply of services under this Contract, including any breach by us of this Contract however arising, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the amount paid by you under this Contract.
Nothing in this Contract is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods.
Nothing in this Contract limits or affects the exclusions and limitations set out in our terms and condition of use.
This clause 11 will survive termination of the Contract.

Confidentiality

We each undertake that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 12.2.
We each may disclose the other's confidential information:

where the information is in the public domain as at the date of this Contract (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on either of us);
if either of us is required to disclose the information by applicable law or the rules of any recognised stock exchange or other document with statutory content requirements, provided that the recipient has to the extent practicable having regard to those obligations and the required timing of the disclosure consulted with the provider of the information as to the form and content of the disclosure;
where the disclosure is expressly permitted under this Contract;
if disclosure is made to our respective officers, employees and professional advisers to the extent necessary to enable either of us to properly perform our obligations under this Contract or to conduct our business generally, in which case the we each must ensure that such persons keep the information secret and confidential and do not disclose the information to any other person;
where the disclosure is required for use in legal proceedings regarding this Contract; or
if the party to whom the information relates has consented in writing before the disclosure.

Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.

Product recall

If you are the subject of a request, court order or other directive of a Government agency to recall or withdraw any Goods from the market (Recall Notice), you must immediately notify us in writing and enclose a copy of the Recall Notice.
Unless required by law, you may not undertake any recall or withdrawal of the Goods from the market without our written permission.
If any Goods are the subject of a Recall Notice, or we have other reasonable grounds to recall or withdraw the Goods from the market, you must comply strictly with:

any requirements set out in the relevant Recall Notice; and
our instructions about the process to implement the recall or withdrawal.

For the purposes of clause 13.3, reasonable grounds for us to recall or withdraw the Products include, but are not limited to where:

supply or use of the Goods infringes, or may infringe, a third party's Intellectual Property Rights;
the Goods are, or may be, unsafe; or
a defect in the Goods may cause harm to our reputation or brand.

Force majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

we will contact you as soon as reasonably possible to notify you; and
our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Goods with you after the Event Outside Our Control is over.

You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, we will refund the price you have paid, less the charges reasonably and actually incurred us by in providing the Goods up to the date of the occurrence of the Event Outside Our Control.

Notices

When we refer to "in writing" in these Terms, this includes email.
Any notice or other communication given by one of us to the other under or regarding the Contract must be in writing and be delivered personally, sent by pre-paid post or email.
A notice or other communication is deemed to have been received:

if delivered by hand to the nominated address, when delivered to the nominated address;
if sent by pre-paid post, at 9.00 am (addressee's time) on the second Business Day after the date of posting; or
if sent by email, at the time the email is sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered.

In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

Variation

Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

No waiver

Neither of us may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with this Contract unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.
Words or conduct referred to in clause 17.1 include any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel.

Assignment and novation

We may assign or transfer our rights and obligations under the Contract to another entity.
You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
A breach of clause 18.2 by you entitles us to terminate this Contract.

Severability

If the whole or any part of a provision of this Contract is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.
Clause 19.1 does not apply if the severance of a provision of this Contract in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under this Contract.

Relationship of the parties

The Contract is between you and us. No other person has any rights to enforce any of its terms

Announcements

No party will make, or permit any person to:

make any public announcement statement, press release or other publicity or marketing materials concerning the existence, subject matter or terms of this Contract, the wider transactions contemplated by it, or the relationship between the parties; or
use the other party's trade marks, service marks, trade names, logos, symbols or brand names, in each case;

without the prior written consent of the other party, such consent not to be unreasonably withheld, conditioned or delayed, except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.

Governing law and jurisdiction

These terms and conditions, their subject matter and their formation, are governed by Queensland law. You and we both agree that the courts in Queensland will have exclusive jurisdiction.