Terms and Conditions of Sale
- Your purchase of goods from www.yss.com.au ("website") or from YSS Shower Screens ("instore" or "over the phone") is subject to these Terms and Conditions of Sale ("Terms"), the Delivery Terms ("Delivery Policy"), the Refunds Terms ("Refunds Policy"), and the Cancellation Terms ("Cancellation Policy"). If you do not accept these Terms, you must refrain from using this website or making an Offer.
- In these terms:
- "us" or "we" means YSS Shower Screens.
- "you" means anyone who visits and/or uses this website, or anyone who makes a purchase from this website, instore or over the phone.
- a reference to a "third party" in these terms includes a reference to any agent or contractor of YSS Shower Screens, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, instore or over the phone, and includes any of them.
- a reference to the "websites" means yss.com.au.
- a reference to "instore" or "over the phone" means YSS Shower Screens store or branch.
- a reference to "staff" means YSS Shower Screens employee.
- "Offer" means making a purchase via the website, instore or over the phone.
- "Order" means an Offer made by you in response to an invitation to treat made by YSS Shower Screens via the website.
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- By accessing and/or using the website or making an Offer, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
- These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website or by making an Offer following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and/or before making an Offer.
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- You must be eighteen (18) years of age or over to purchase products from the website, instore or over the phone.
- Any Order and/or purchase made by you using this website, instore or over the phone is an acknowledgement by you that you:
- are over the age of eighteen (18) years;
- accept these terms;
- agree that you have entered into a legal contract with YSS Shower Screens in relation to these terms; and
- these terms, together with your Order, constitute the entire agreement between you and YSS Shower Screens for the supply of products.
- YSS Shower Screens reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage YSS Shower Screens may suffer as a result of a transaction entered into by a minor.
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- Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
- Representations of products for sale made by YSS Shower Screens via the website do not constitute an offer to sell but an invitation to treat.
- You and YSS Shower Screens may enter into a contract for the sale and supply of products by you making an Offer to purchase a product at the price advertised on the website by:
- by making an Offer (placing an electronic Order for the products using the website, or placing an Order with our staff instore or over the phone);
- you confirming the Order details (in accordance with the procedure on the website, or with our staff);
- you making payment in full plus any applicable delivery charges (on the website, or with our staff); and
- the acceptance of that Offer by YSS Shower Screens.
- When entering into a sale contract via the website, in store or over the phone, you will be taken to have communicated your Offer to purchase the product(s) only when:
- any requirements set out in these terms have been met;
- the electronic instruction containing the offer from you enters and is recorded in our database;
- a record is created and stored in our database; and
- YSS Shower Screens receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
- You acknowledge that:
- the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by YSS Shower Screens for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
- to the extent permitted by law, YSS Shower Screens is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
- YSS Shower Screens may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
- YSS Shower Screens may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
- You will receive an email or printed invoice from YSS Shower Screens as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer Support Team.
- If your Order is not accepted by YSS Shower Screens, YSS Shower Screens will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
- YSS Shower Screens may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
- Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If YSS Shower Screens cannot supply a particular product, YSS Shower Screens will notify you by telephone or email as soon as possible.
- YSS Shower Screens will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.
- If your Order was placed instore or over the phone, it is your responsibility to check that the Order is correct and it is your responsibility to make any neccessary amendments to the Order.
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- Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
- Each published saving in respect of a product is by reference to the lower of the normal ticketed price of YSS Shower Screens.
- Images of products shown without any advertised price beside that image are not offered for sale.
- Unless otherwise stated, any accessories shown in any image of products are not included in the price.
- We reserve the right to correct any errors published on the website.
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- All payments must be made in full prior to delivery or installation.
- Payments must be made via the ANZ or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
- Custom shower screen orders are subject to the following payment terms:
- 30% deposit (or $175 whichever greater) is required to start the order;
- then full payment is required once production is complete prior to: pick up, delivery or installation
- PayPal payments incurs a 1% surcharge.
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- Subject to you complying with these Terms and acceptance of your Order by YSS Shower Screens, YSS Shower Screens will sell and supply the products to you as shown on your tax invoice.
- Products may not be available for immediate supply. YSS Shower Screens will endeavour to supply your Order to you within five (5) business days of the date you placed your Order, except if the Order is for a custom shower screen.
- Custom shower screens are not held in stock and will be required to be ordered. You agree that your Order for any custom shower screen may take up to two (2) weeks to be produced from the date you placed your Order. This timeframe is the average manufacturing lead time required by suppliers and excludes any additional time required for services including: pre-measure, delivery, and installation.
- Other than in respect of Orders for custom shower screens, if YSS Shower Screens gives you notice that it will be unable to supply your Order within five (5) business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and YSS Shower Screens will arrange for a full refund of any payment made by you to be processed.
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Due to Work Heath and Safety (WHS) regulations and for your own safety, YSS Shower Screens reserves the right:
- to refuse to load glass if you do not have a suitable vehicle; and
- to refuse to load glass onto roof rack
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- The terms of this clause apply where you select to have your Order delivered to a specified address.
- For the complete delivery policy here
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- For the complete faulty and non-faulty product refund policy here
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- You are entitled to cancel your order without penalty before:
- delivery, or
- collection, or
- any services rendered.
- For the complete cancellation policy here
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- The terms of this clause apply where you select to have a special order.
- For the complete special orders terms and conditions here
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- Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
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- The website employs the latest in Secure Sockets Layer technology, ANZ and PayPal secure payment gateway to secure our payment systems.
- To the extent permitted by law, YSS Shower Screens will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a Credit Card or PayPal account is fraudulently used or is used in an unauthorised manner.
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- For the complete privacy and personal information policy regarding how your information is used here
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- YSS Shower Screens will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems, deliveries, installations.
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- To the extent permitted by law, each of YSS Shower Screens exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the website;
- you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
- personal injury or property damage of any kind resulting from your access or use of the website;
- any unauthorised access to or use of the websites secure servers;
- any interruption or cessation of transmission to or from the website;
- any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
- the quality or fitness for any purpose of any linked sites.
- Except as expressly provided in these terms, and to the fullest extent allowed by the law, YSS Shower Screens and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
- You will at all times indemnify, and keep indemnified, YSS Shower Screens, including their 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 any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
- This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act.
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- These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of New South Wales, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
- If you access the website or make an Offer in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. YSS Shower Screens makes no representations that the content of the website or the Offer complies with the laws of any country outside Australia.
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- If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and YSS Shower Screens.
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